HB 1305-LOCAL - AS INTRODUCED
2000 SESSION
HOUSE BILL 1305-LOCAL
AN ACT exempting water withdrawals for normal agricultural operations from certain restrictions on water withdrawals.
SPONSORS: Rep. K. Marshall, Merr 4; Rep. Melcher, Hills 11; Rep. McRae, Hills 7; Rep. Babson, Carr 5
COMMITTEE: Resources, Recreation and Development
This bill specifies that the authority of the commissioner of environmental services relative to instream flows shall not include the authority to regulate, restrict, or prohibit water withdrawals for normal agricultural operations. This bill also exempts normal agricultural operations from notification and approval requirements for large groundwater withdrawals.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2388
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT exempting water withdrawals for normal agricultural operations from certain restrictions on water withdrawals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Hampshire Rivers Management and Protection Program; Establishment of Protected Instream Flows; Normal Agricultural Operations. Amend RSA 483:9-c, I to read as follows:
I. The commissioner, in consultation with the advisory committee, shall adopt rules under RSA 541-A specifying the standards, criteria, and procedures by which a protected instream flow shall be established and enforced for each designated river or segment. Each protected instream flow shall be established and enforced to maintain water for instream public uses and to protect the resources for which the river or segment is designated. Instream public uses shall include the state's interests in surface waters, including, but not limited to, navigation; recreation; fishing; storage; conservation; maintenance and enhancement of aquatic and fish life; fish and wildlife habitat; wildlife; the protection of water quality and public health; pollution abatement; aesthetic beauty; and hydroelectric energy production. The authority of the commissioner relative to instream flows shall not include the authority to regulate, restrict, or prohibit water withdrawals for normal agricultural operations.
2 Groundwater Protection Act; Notification of Large Groundwater Withdrawal Required; Normal Agricultural Operations Exempt. Amend RSA 485-C:14-a to read as follows:
485-C:14-a Notification of Large Groundwater Withdrawal Required. Notwithstanding any provision of law to the contrary, before any person may withdraw 57,600 gallons or more of water in any 24-hour period from a well, such person shall provide written notice to the governing body of the municipality in which the well is located and to the governing bodies of each municipality and each supplier of water within the anticipated zone of contribution to the well. This section shall apply only to wells established after the effective date of this section. Normal agricultural operations shall be exempt from the provisions of this section.
3 New Paragraph; Groundwater Protection Act; Approval for Large Groundwater Withdrawals; Normal Agricultural Operations Exempt. Amend RSA 485-C:21 by inserting after paragraph VI the following new paragraph:
VII. Normal agricultural operations shall be exempt from the provisions of this section.
4 Effective Date. This act shall take effect 60 days after its passage.