Section Env-Wq 1708.12 - Transfer of Water(a) In this section, "transfer" means the intentional conveyance of water from one surface water to another surface water for the purpose of increasing the volume of water available for withdrawal from the receiving surface water. The term does not include the transfer of stormwater, for the purpose of managing stormwater during construction, between basins created or otherwise lawfully used for stormwater detention or treatment, or both, and does not include the discharge of stormwater from a detention or treatment basin to a surface water.(b) A transfer shall be subject to (c) and (d), below, if one or more of the following apply: (1) The transfer was not in active operation, as determined pursuant to (f) through (i), below, prior to the effective date of the 2011 readoption of this section, August 23, 2011;(2) The transfer is causing or contributing to a violation of surface water quality standards in the source water or receiving water; or(3) A change that could impact any designated use of the source water or receiving water is made to the transfer on or after August 23, 2011 such that a water quality certification is required under RSA 485-A:12, III or IV.(c) The transfer of water from one surface water to another shall be allowed only if all of the following conditions are met: (1) The transferred water does not contain exotic aquatic species or other species of aquatic life that could result in a violation of Env-Wq 1703.19, relative to the integrity of the biological and aquatic community, in the receiving water;(2) Existing and designated uses will be maintained and supported in the source water and in the receiving water;(3) The withdrawal from the source water and transfer to the receiving water either: a. Will not result in any degradation of water quality; orb. Have both been reviewed under the process specified in Env-Wq 1708.10 and determined by the department to meet the criteria specified for approval in Env-Wq 1708.10(b)(1)-(3); and(4) A water conservation plan that meets the water conservation requirements set forth in Env-Wq 2101 has been approved by the department and is being complied with.(d) Transferred water may be treated to comply with the requirements of this section.(e) The transfer of water shall not constitute a discharge under RSA 485-A:8, I, or RSA 485-A:13, I(a) if: (1) The transfer is not subject to (c) and (d), above, pursuant to (b), above; or(2) All of the conditions specified in (c), above, are met.(f) A transfer shall be deemed to have been in active operation prior to August 23, 2011 if all of the following are true: (1) The infrastructure necessary for the transfer is in place and in usable condition;(2) Water has been transferred for at least one day in each of at least 3 years from 2000 through 2011; and(3) At the time of its original initiation, the transfer complied with applicable legal requirements.(g) If a transfer does not meet the conditions specified in (f), above, the person responsible for the transfer may request the department to make a determination that the transfer was in active operation by submitting the following information in writing: (1) The reason(s) why the infrastructure necessary for the transfer is not in place or is not in usable condition, if applicable;(2) The total time span, in years, over which the transfer has occurred from the first known transfer to the present;(3) The most recent year during which the transfer occurred; and(4) Why, based on the information provided in (1)-(3), above, it would be a fair and just result for the department to determine that the transfer qualifies as a transfer that was in active operation prior to August 23, 2011.(h) If the department determines, based on information provided pursuant to (g), above, that it would be fair and just to determine that the transfer qualifies as a transfer that was in active operation prior to August 23, 2011, then the department shall make that determination.(i) The department shall notify the person who requested a determination pursuant to (g), above, in writing of its decision.N.H. Code Admin. R. Env-Wq 1708.12
(See Revision Note #1 at chapter heading for Env-Wq 1700) #7151, eff 12-10-99; ss by #9034, INTERIM, eff 12-10-07; ss by #9162, eff 5-21-08 (See Revision Note #2 at chapter heading for Env-Wq 1700); ss by #9984, eff 8-23-11
Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12042, Effective 12/1/2016, Expires 12/1/2026.