Bill Text: NH HB1461 | 2016 | Regular Session | Chaptered
Bill Title: Relative to the definition of and criteria for protection instream flow.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-06-22 - Signed by Governor Hassan 06/21/2016; Chapter 286; I. Sec. 7 eff. 6/21/2016 ; II. Rem. eff. 8/20/2016 [HB1461 Detail]
Download: New_Hampshire-2016-HB1461-Chaptered.html
CHAPTER 286
HB 1461 - FINAL VERSION
9Mar2016... 0456h
05/12/2016 1829s
1June2016... 2124EBA
2016 SESSION
16-2491
08/05
HOUSE BILL 1461
AN ACT relative to the definition of and criteria for protection instream flow.
SPONSORS: Rep. Mullen, Straf. 1; Rep. Spang, Straf. 6; Sen. Reagan, Dist 17; Sen. Fuller Clark, Dist 21
COMMITTEE: Resources, Recreation and Development
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AMENDED ANALYSIS
This bill revises the definition of and criteria for protected instream 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9Mar2016... 0456h 16-2491
05/12/2016 1829s 08/05
1June2016... 2124EBA
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to the definition of and criteria for protection instream flow.
Be it Enacted by the Senate and House of Representatives in General Court convened:
286:1 Definitions; Protected Instream Flow. Amend RSA 483:4, XVI to read as follows:
XVI. "Protected instream flow'' means a [constant minimum] stream flow [level] pattern which is established to maintain water for present and future instream public uses.
286:2 Natural Rivers Protection. Amend RSA 483:9, IV to read as follows:
IV. A protected instream flow [level] shall be established by the commissioner for each designated natural river or segment and any upstream impoundment or diversion facility which may affect the free-flowing condition or natural character of the designated river or segment pursuant to RSA 483:9-c.
286:3 Rural River Protection. Amend RSA 483:9-a, V to read as follows:
V. A protected instream flow [level] shall be established by the commissioner for each designated rural river or segment and any upstream impoundment or diversion facility which may affect the natural flow characteristics or natural character of the designated river or segment pursuant to RSA 483:9-c.
286:4 Rural-Community Rivers Protection. Amend RSA 483:9-aa, V to read as follows:
V. A protected instream flow [level] shall be established by the commissioner for each designated rural-community river or segment and any upstream impoundment or diversion facility which may affect the natural flow characteristics of such river or segment pursuant to RSA 483:9-c.
286:5 Community Rivers Protection. Amend RSA 483:9-b, V to read as follows:
V. A protected instream flow [level] shall be established by the commissioner for each designated community river or segment and any upstream impoundment or diversion facility which may affect the natural flow characteristics of such river or segment pursuant to RSA 483-A:9-c.
286:6 Establishment of Protected Instream Flows. Amend RSA 483:9-c to read as follows:
483:9-c Establishment of Protected Instream Flows.
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] flows shall be established and enforced for each designated river or segment. The department shall determine the protected instream flow criteria based on the requirements of flow-dependent instream public uses. Each protected instream flow shall be established and enforced to maintain water for instream public uses and to protect [outstanding] characteristics, including recreational, fisheries, wildlife, environmental, hydropower, cultural, historical, archaeological, scientific, ecological, aesthetic, community significance, agricultural, public water supply, riparian rights, and the resources for which the river or segment is designated[, and shall respect riparian interests on each designated river or segment consistent with the purposes of this chapter. 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 department shall determine the protected instream flow criteria based on the requirements of flow-dependent, instream public uses.
II. No less than 60 days prior to commencing a protected instream flow study on any designated river, the department shall hold a public hearing jointly with the senate committee with jurisdiction over river management issues and the house committee with jurisdiction over river management issues and provide a public comment period of 30 days. The department shall consider the public comments received before commencing the study.
III. One public hearing shall be held in at least one municipality along the designated river or segment to receive public comment on the establishment of a proposed protected instream flow.
IV. One public hearing shall be held in at least one municipality along the designated river or segment to receive public comment on the establishment of a proposed water management plan intended to implement the protected instream flow.
[III.] V. The procedure adopted under this section shall include an assessment of the effect of a protected instream flow upon existing hydroelectric power generation, water supply, flood control, and other riparian users. [For any portion of a designated river or segment where a protected instream flow would affect the operation of an existing hydroelectric power facility within or upstream from the designated river or segment, the commissioner shall request the assistance of the public utilities commission in order to assess the effect of a protected instream flow upon such facility.]
VI. Water management plans implementing instream flow protections shall be effective and enforceable upon adoption. The department shall allow a period of up to 5 years for any party subject to the instream flow program to implement the provisions of their water management plan. The department shall adopt rules, pursuant to RSA 541-A, to allow for one 5-year extension for any party who files ongoing progress reports for and is working in good faith on their water management plan but is unable to implement the provisions of their water management plan due to financial or other hardship.
VII. The department shall adopt rules, pursuant to RSA 541-A, to allow for waivers from the provisions of a water management plan. Such rules shall specify the waiver criteria based on negative impacts to public health or safety or an undue financial hardship on a party subject to a water management plan. Should a party meet the criteria for a waiver, and notwithstanding paragraph VI, the department shall waive, in whole or in part, the enforceability of those components of the party’s water management plan until the department amends such plan to alleviate the negative impacts to public health or safety or undue financial hardship.
[IV.] VIII. The protected instream [flow levels] flows established under this section shall be maintained at all times, except when inflow is less than the protected instream flow level as a result of natural causes or when the commissioner determines that a public water supply emergency exists which affects public health and safety.
[V.] IX. [The maintenance of protected instream flows shall constitute a condition of any permit] Only those permits issued by the department that affect stream flow [for any project or activity] within a designated river shall be required to meet protected instream flows [or segment and corridor].
[VI.] X. Any party who is aggrieved by a determination establishing such protected instream flows may petition the commissioner for a hearing to review such determination within 30 days of the date the determination is issued. The filing of such petition shall stay the implementation of the determination until a final decision has been rendered on the petition or an appeal taken pursuant to RSA 541.
286:7 Contingent Nullification. If HB 1595-FN of the 2016 regular legislative session becomes law, section 30 of HB 1595-FN which amends RSA 483:9-c, III-IV, relative to establishment of protected instream flows, shall not take effect.
I. Section 7 of this bill shall take effect upon its passage.
II. The remainder of this act shall take effect 60 days after its passage.
Approved: June 21, 2016
Effective Date: I. Section 7 shall take effect June 21, 2016
II. Remainder shall take effect August 20, 2016
