Section Env-Wq 1903.02 - Prioritization of Designated Rivers(a) The department, with the advice of the RMAC and the LMAC, shall establish a priority list that includes up to 5 designated rivers for which protected instream flows shall be established and for which a water management plan shall be adopted.(b) For purposes of determining a designated river's priority the department shall consider: (1) The location of the designated river relative to other designated rivers for which protected instream flows and water management plans have not yet been established;(2) The availability of stream flow gages for applying management;(3) Projected development pressure within the designated river WMPA;(4) Level of support in the WMPA from the LRMAC(s) and the public(5) Comments received from the parties specified in Env-Wq 1903.01(f);(6) Public comments received at a public hearing held in accordance with Env-Wq 1903.01(b); and(7) Comments received from the RMAC and the LMAC.(c) In accordance with RSA 483:9-c, II, no less than 60 days prior to commencing a designated river's protected instream flow study, the department shall, jointly with the house and senate committees with jurisdiction over river management issues, hold a public hearing regarding prioritization of a designated river for establishment of protected instream flows and proposed adoption of a water management plan within the WMPA.(d) The department shall notify each affected water user and affected dam owner within the WMPA of the each designated river on the priority list specified in (a), above, that the river is being considered for a protected instream flow study.(e) Prior to the public hearing described in (c), above, the department shall post a notice of the date, time, and location of the hearing to its website and send written notice of the hearing to the following for each WMPA with a designated river on the priority list: (3) The chair of each LRMAC;(4) Lake associations on lakes with affected dams;(5) The chair of any conservation commission;(6) All governing bodies;(7) Each state senator representing the municipalities in the WMPA;(8) Each state representative representing the municipalities in the WMPA;(9) The New Hampshire rivers council;(10) The New Hampshire lakes association; and(11) Any interested party who has provided contact information, including an email address, to the department and requested in writing to be notified of the hearing.(f) The department shall provide a comment period of 30 days, during which time the department shall accept written comments on the factors pertaining to prioritization of the designated rivers and the proposed protected instream flow study.(g) Prior to commencing a protected instream flow study, the department shall consider comments received at the public hearing and during the comment period, and publish a final determination on the order of priority of the rivers on the priority list.N.H. Code Admin. R. Env-Wq 1903.02
#7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1903.02 ) ); ss by #9936, eff 5-28-11
Amended by Volume XXXIX Number 02, Filed January 10, 2019, Proposed by #12695, Effective 12/22/2018, Expires 12/22/2028.