HB458: relative to the exemption of replacement or redundant wells from the large groundwater withdrawal permitting process.

CHAPTER 55

HB 458 – FINAL VERSION

2007 SESSION

07-0534

06/09

HOUSE BILL 458

AN ACT relative to the exemption of replacement or redundant wells from the large groundwater withdrawal permitting process.

SPONSORS: Rep. Spang, Straf 7; Rep. Fargo, Straf 4; Rep. Beaulieu, Hills 17; Rep. Brueggemann, Merr 12; Sen. Fuller Clark, Dist 24

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill exempts replacement or redundant wells from the large groundwater withdrawal permitting process.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0534

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to the exemption of replacement or redundant wells from the large groundwater withdrawal permitting process.

Be it Enacted by the Senate and House of Representatives in General Court convened:

55:1 New Paragraph; Definitions. Amend RSA 485-C:2 by inserting after paragraph XIII the following new paragraph:

XIII-a. “Replacement well” means a new well installed to replace or back-up an existing well that operates and impacts water users and water resources in substantially the same manner as the well that is being replaced.

55:2 New Section; Exemptions for Large Groundwater Withdrawals from Replacement Wells. Amend RSA 485-C by inserting after section 21 the following new section:

485-C:22 Exemptions for Large Groundwater Withdrawals from Replacement Wells.

I. Large groundwater withdrawals from new wells that replace a well or wells installed prior to August 1, 1998 shall not be subject to the requirements of RSA 485-C:14-a and RSA 485-C:21. Such wells shall require approval of the department under RSA 485-C:22, III-IV.

II. No person shall withdraw 57,600 gallons or more of groundwater from a replacement well or wells over any 24-hour period without the prior approval of the department.

III. Before the department issues an approval for a large groundwater withdrawal from a replacement well or wells, a person shall submit an application to the department to demonstrate the withdrawal from the replacement well or wells will operate and impact water users and resources in substantially the same manner as the well or wells that are being replaced.

IV. Applications for approval of replacement wells shall be submitted to the department and contain the following information:

(a) Name and address of the well owner replacing the well or wells.

(b) Address and map identifying the location of the well or wells being replaced and the location of the replacement well or wells.

(c) Description of the well construction details of the well or wells being replaced and new replacement or replacement wells including:

(1) Depth of well.

(2) Length and diameter of well casing and screen.

(3) Description of overburden and bedrock lithology of the well or wells being replaced and the new replacement well or wells.

(d) Hydrogeologic information that demonstrates that the effects of the replacement well or wells on water users and water resources identified by RSA 485-C:21, V-c will be substantially the same as the well that is being replaced.

55:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 22, 2007

Effective: July 21, 2007