SB 104 - AS INTRODUCED
2001 SESSION
08/10
SENATE BILL 104
AN ACT relative to regional approaches to instream flow preservation.
SPONSORS: Sen. Francoeur, Dsit 14; Sen. Flanders, Dist 7; Sen. Johnson, Dist 3; Sen. Eaton, Dist 10; Sen. Prescott, Dist 19; Sen. D'Allesandro, Dist 20; Rep. Herman, Hills 13; Rep. Calawa, Hills 17;
This bill provides that the commissioner and department of environmental services shall not adopt, implement, or enforce any requirements pertaining to protected instream flow levels that were not in effect on December 1, 2000 until such time as the general court determines that each of the states bordering New Hampshire has enacted laws governing the regulation of water quantity and withdrawal restrictions during periods of low water flow.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-0800
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to regional approaches to instream flow preservation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Purpose. The general court finds that establishing protected instream flows in the absence of similar requirements being in place in the states that border New Hampshire may adversely affect the state's economy. The general court also finds that the establishment and regulation of protected instream flow in the rivers of this state is best addressed on a regional basis in which New Hampshire may take into account the actions taken by the states bordering New Hampshire, and the effectiveness and impact of those actions to protect water quantity.
2 New Paragraph; Establishment of Protected Instream Flows; Actions of Bordering States. Amend RSA 483:9-c by inserting after paragraph VI the following new paragraph:
VII. Notwithstanding any other provision of law, the commissioner and the department of environmental services shall not adopt, implement, or enforce any requirements pertaining to protected instream flow levels, whether or not on a designated river under this chapter, other than those requirements in effect as of December 1, 2000, until such time as the general court determines that each of the states bordering New Hampshire has enacted laws governing the regulation of water quantity and withdrawal restrictions during periods of low water flow, including but not limited to enactment of laws regulating protected instream flows, for the water bodies within the respective states.
3 Effective Date. This act shall take effect 60 days after its passage.