25mar03... 0798h

2003 SESSION

03-0642

06/10

HOUSE BILL 676-FN

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill provides that a lake level investigation may be initiated upon complaint of 10 residents or 10 owners of property in this state but does not require the property owned to be on a lake. This bill also adds a member to the water council

This bill is a request of the committee to study regulation and procedures for lake level investigations and orders, established in 2002, 185.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03... 0798h

03-0642

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

1 Investigation of Levels of Inland Waters; Initiation by Residents or Property Owners. Amend RSA 482:79 to read as follows:

482:79 Investigation of Levels of Inland Waters. The department may, upon its own motion or at the request of the attorney general or upon complaint of not less than 10 residents of New Hampshire or 10 owners of property [on any inland public water] in the state, make a preliminary investigation of conditions affecting the use and enjoyment of any [such] public [water] lake or pond whenever it shall be of the opinion that such investigation would be in the public interest. If, as a result of any such preliminary investigation, it shall appear to the department that the management and control of any outlet of any such public water and the connected instrumentalities are carried on or used in such manner that the value of shore property above or riparian rights below such outlet or the enjoyment of such water by the public is seriously and adversely affected, it may make further investigation with a view to ascertaining the respective rights of all interested parties, including the public. If, as a result of such further investigation after public hearing, the department shall be of the opinion that such management and control is lawful, but that changes in the manner of the exercise of the right of management and control would be of benefit to others without undue injury to the owner of the outlet, it shall direct such changes as in its opinion would be of benefit to the public and private interests concerned.

2 New Section; Lake Level Investigation Procedure. Amend RSA 482 by inserting after section 79-a the following new section:

482:79-b Procedure for Investigation of Levels of Inland Waters.

I. Petitions requesting a lake level investigation to determine changes in lake level management may be submitted to the department at any time prior to January 1 of the calendar year for which the change is requested. The date of submission shall be the date the department receives the petition.

II. Notice of the petition shall be made by the petitioners and shall be published twice in 2 different weeks in one newspaper of general circulation throughout the state and another newspaper of general circulation in the vicinity of the lake to be investigated.

III. The department shall have 120 days from the date it receives the petition, or no later that April 30, whichever is later, to complete a preliminary investigation to determine if there may be serious and adverse effects from the current management of the lake level.

IV. If the department determines that there may be serious and adverse effects from the current management of the lake level, the department shall schedule at least one public hearing no later than August 31 of the year following the filing of the petition.

V. The department shall reach a decision by September 30, following the public hearing, on whether or not it will change the current management practice or whether further evaluation is required before a final decision can be reached. If the department decides that further evaluation is required, then the department shall provide the basis for its decision and shall specify the scope of the evaluation to be performed, establish the time at which the final decision will be issued, and specify how the lake level is to be managed in the interim period

3 Water Council; Membership Increased. Amend the introductory paragraph of RSA 21-0:7, I to read as follows:

I. There is established a water council which shall consist of [16] 17 members:

4 New Subparagraph; Water Council; Commissioner of the Department of Agriculture Added. Amend RSA 21-O:7, I (b) to read as follows:

(b) The remaining [5] 6 members shall include:

(1) The commissioner of the department of health and human services, or designee;

(2) The executive director of fish and game, or designee;

(3) The director of parks and recreation, or designee;

(4) The director of the office of state planning, or designee; and

(5) The commissioner of safety, or designee.

(6) The commissioner of the department of agriculture, markets, and food, or designee.

5 Effective Date. This act shall take effect 60 days after its passage.

LBAO

03-0642

Revised 2/5/03

HB 676 FISCAL NOTE

FISCAL IMPACT: