HB 1350 - AS INTRODUCED
2000 SESSION
HOUSE BILL 1350
AN ACT relative to interbasin and interstate transfers of water.
COMMITTEE: Resources, Recreation and Development
This bill establishes registration and permit requirements for interbasin and interstate transfers of water.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2465
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to interbasin and interstate transfers of water.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Interbasin and Interstate Transfers of Water. Amend RSA by inserting after chapter 483-D the following new chapter:
CHAPTER 483-E
INTERBASIN AND INTERSTATE TRANSFERS OF WATER
483-E:1 Definitions. In this chapter:
I. "Commissioner" means the commissioner of the department of environmental services.
II. "Interbasin transfer" means any transfer of waters for use from one river drainage basin to another. Interbasin transfers include, but are not limited to, transfers by piping systems or transport in vessels such as trucks, rail cars, or ships of greater than 57,600 gallons per day of water withdrawn from a river drainage basin.
III. "Interstate transfer" means any transfer of waters withdrawn from a river drainage basin to another state. Interstate transfers include, but are not limited to, transfers by piping systems or transport in vessels such as trucks, rail cars, or ships of greater than 57,600 gallons per day of water withdrawn from river drainage basin.
IV. "River drainage basin" means the Androscoggin, Coastal, Connecticut, Merrimack, Piscataqua, and Saco river basins as delineated on a map compiled by the department and available upon request from the department.
483-E:2. Registration of Existing Interbasin and Interstate Transfers.
I. Any person maintaining an interbasin or interstate transfer prior to the effective date of this section shall register on or before one year after the effective date of this section with the commissioner on a form prescribed by the commissioner. Registration shall include the location, capacity, frequency, and rate of withdrawals of said transfer and a description of the water use and water system. Any such transfer which is not so registered may be subject to the permit requirements of this chapter.
II. Notwithstanding any other provision of law to the contrary, no person shall, after the effective date of this section, commence to make an interbasin or interstate transfer from the waters of the state without first obtaining a permit for such transfer from the commissioner.
III. No permit shall be transferred to another person without the written approval of the commissioner.
483-E:3 Application for Permit; Information Required. An applicant for a permit shall submit an application on such form as the commissioner may prescribe and with such information as the commissioner deems necessary to fulfill the purposes of this chapter which shall include, but not be limited to:
I. The need for the transfer.
II. The reasons for the transfer and the use of the transferred water.
III. A description of the existing water system where the withdrawal is proposed.
IV. The locations of withdrawals and discharges of water the applicant proposes to transfer.
V. The quantity, frequency, and rate of water the applicant proposes to transfer.
VI. The length of time for which the transfer permit is sought.
VII. The effect of the proposed transfer on public water supplies, water quality, wastewater treatment needs, flood management, water-based recreation, wetland habitats, waste assimilation, agriculture, fish and wildlife, and low flow requirements.
VIII. The alternatives, if any, to the proposed transfer including a study of cost factors, feasibility, and environmental effects of such alternatives.
IX. Conservation measures instituted by the applicant prior to the application and the applicant's long-range water conservation plan to be implemented or continued after the issuance of a permit.
X. An environmental impact report which considers the effect of the transfer on present and future water uses in the proposed donor basin.
483-E:4 Notice to Town of the Application. Within 10 days after filing an application for a transfer permit pursuant to the provisions of RSA 483-E:3, any person who has filed such application shall notify the board of selectmen, public health officer, and conservation commission of the town or towns in which the transfer will take place of such application.
483-E:5 Public Hearing.
I. The commissioner shall hold a public hearing before approving or denying an application, except that, when the commissioner determines that the proposed transfer:
(a) Is necessary;
(b) Will not significantly affect long-range water resource management or the environment; and
(c) Will not impair proper management and use of the water resources of the state:
The commissioner may waive the requirement for a hearing, after publishing notice of the tentative decision regarding the application and of the intent to waive the requirement for a hearing in a newspaper having general circulation in the area where the proposed withdrawal will take place or have effect; provided the commissioner shall hold a hearing upon receipt, within 30 days after such notice is published or mailed, of a petition signed by at least 25 persons.
II. If a hearing is to be held, the applicant shall:
(a) Cause notice of the time, date, and location of the commencement of the hearing, and a concise description of the proposed transfer, to be published at least twice at intervals of not less than 2 days and not less than 20 days prior to the commencement of the hearing in a newspaper having a general circulation in the area where the proposed transfer will take place or have effect; and
(b) Provide notice of the public hearing to the local officials listed in RSA 483-E:4 in accordance with the time frames specified in subparagraph (a).
483-E:6 Decision. The commissioner shall make a decision either granting or denying the application, or granting it upon such terms, limitations, or conditions, including, but not limited to, provisions for monitoring, schedule of transfer, duration of permit, and reporting as deemed necessary to fulfill the purposes of this chapter. The commissioner shall state in full the reasons for the decision. In making a decision, the commissioner shall consider all relevant facts and circumstances including, but not limited to:
I. The effect of the proposed transfer on related needs for public water supply, including existing and projected uses, safe yield of reservoir systems, and reservoir and groundwater development.
II. The effect of the proposed transfer on existing and planned water uses in the area affected, such as public water supplies, relative density of private wells, hydropower, flood management, water-based recreation, wetland habitats, waste assimilation, and agriculture.
III. Compatibility of the proposed transfer with the policies and programs of the state of New Hampshire dealing with long-range planning, management, allocation, and use of the water resources of the state.
IV. The relationship of the proposed transfer to economic development and the creation of jobs.
V. The effect of the proposed transfer on the existing water conditions, with due regard to watershed characterization, groundwater availability potential, evapotranspiration conditions, and water quality.
VI. The effect on fish and wildlife of flow reduction, alteration, or augmentation caused by the proposed transfer.
VII. The effect of the proposed transfer on navigation.
VIII. Whether the water to be transferred is necessary and, to the extent that it is, whether such water can be derived from other alternatives including, but not limited to, conservation.
IX. The interests of all municipalities which would be affected by the proposed transfer.
X. Capital expenditures and other resource commitments made prior to the effective date of this section in connection with a proposed transfer, provided that such expenditures or commitments shall not be binding in favor of such proposed transfer.
XI. Proposed interbasin and interstate transfers recommended in any water supply plan or coordinated water system plan prepared prior to the effective date of this section in the same manner as proposed in this chapter.
XII. The requirements of RSA 483, including, but not limited to, RSA 483:9, II which precludes interbasin transfers of water from a designated natural river or segment.
483-E:7 Rehearings and Appeals. Any party aggrieved by a decision of the commissioner issued under this chapter may request a rehearing or appeal from such decision in accordance with RSA 541.
483-E:8 Periodic Investigation of Transfers. The commissioner may periodically investigate and review those interbasin and interstate transfers which are taking place pursuant to a permit issued in accordance with this chapter. If the commissioner determines that there is any violation of the terms, limitations, or conditions of a permit, the commissioner may suspend or revoke the permit in accordance with the provisions of this chapter.
483-E:9 Exemptions. Interbasin and interstate transfers of water for emergency purposes, as approved by the commissioner, shall be exempt from the provisions of this chapter. The commissioner may, by rules adopted in accordance with the provisions of this chapter, define and establish additional exempt categories or classes of interbasin and interstate transfers which would not by themselves or in combination with each other have a substantial effect on the long-range planning for and allocation of the water resources of the state.
483-E:10 Violation of Water Supply Emergency Order. If a water supply emergency has been declared by the governor or otherwise according to law, the commissioner shall have the power to:
I. Temporarily suspend a permit for transfer or impose conditions upon permit holders without a hearing for a period of 30 days, which period may be extended once for an additional 30 days. If the commissioner determines that it is necessary to extend a temporary suspension or temporary conditions imposed upon a permit holder, the commissioner shall, upon written request from the permit holder, hold a hearing on such determination within 10 days of the extension order.
II. Authorize a person, without hearing and notwithstanding any provisions of law to the contrary, to transfer such quantities of water as the commissioner deems necessary and proper to ease emergency conditions for a period of 30 days, which period may be extended twice for additional 30-day periods, except that the commissioner shall not authorize a transfer if such transfer would adversely affect an area where a public drinking water supply emergency has been declared.
483-E:11 Rulemaking. The commissioner may adopt rules, pursuant to RSA 541-A, relative to:
I. The content and structure of all forms, applications, and permits to be received or issued by the department under this chapter, including information and other materials to be submitted by an applicant.
II. Procedures for filing and review of applications for interstate and interbasin transfers.
III. Procedures for issuance of permits by the department.
IV. Criteria governing the assessment of administrative fines.
V. Exemptions under RSA 483-E:9.
483-E:12 Penalties.
I. The following shall constitute a violation of this chapter:
(a) Failure to comply with the provisions of this chapter.
(b) Failure to obey an order of the commissioner issued relative to activities regulated or prohibited by this chapter.
(c) Misrepresentation by any person of a material fact in connection with any activity regulated or prohibited by this chapter.
II. Persons violating the provisions of this chapter shall be subject to the following:
(a) Upon petition of the attorney general, the superior court may levy upon any person violating this chapter a civil penalty in an amount not to exceed $20,000 for each day of each continuing violation. The superior court shall have jurisdiction to restrain a continuing violation of this chapter.
(b) A person who knowingly violates any provision of this chapter, any rule adopted or order issued under this chapter, or any condition of any permit issued under this chapter shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person, and notwithstanding RSA 651:2, may in addition to any sentence of imprisonment, probation, or conditional discharge be fined not more than $20,000 for each violation if found guilty pursuant to this section. Each day of violation shall constitute a separate offense.
(c) The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine of up to $5,000 for each offense upon any person who violates this chapter. Rehearings and appeals relating to such fines shall be governed by RSA 541. Imposition of an administrative fine under this section shall not preclude the imposition of further civil or criminal penalties under this chapter.
2 Effective Date. This act shall take effect January 1, 2001.