Section Env-Wq 1904.06 - Petition for Change to an Established Protected Instream Flow(a) A person may file a petition with the commissioner for a change to an established protected instream flow.(b) The petition shall be in writing.(c) The petition shall include:(1) The name, address, email address, and daytime telephone number of the person requesting change;(2) If the person petitioning for a change is not an individual, the name of an individual who can be contacted on behalf of the organization requesting the change;(3) A clear and concise statement of the specific change being requested;(4) A list of the flow-dependent outstanding characteristics identified in RSA 483:1, the flow-dependent resources identified in RSA 483:6 (a), IV, and the flow-dependent instream public uses identified in RSA 483:9-c applicable to the river segment for which change of a protected instream flow is being requested;(5) An explanation of how change of protected instream flows would conserve and protect the factors identified under (4) above;(6) An explanation of how a change of protected instream flows would meet water quality standards;(7) A full explanation of why protected instream flows should be changed on the designated river; and(8) Identification of any data that was not available to the petitioner or that was presented by the petitioner but not considered at the time the protected instream flow was established.(d) Within 30 days of receiving a petition for change of the protected instream flow, the commissioner shall:(1) Deny the petition and affirm the established protected instream flow; or(2) Grant the petition and begin reconsideration of the protected instream flow.(e) The commissioner shall grant the petition if the petition is complete as described in (c) above and if the information in the petition or other information reviewed by the department indicates that the established protected instream flows were based on incomplete or erroneous information.(f) The commissioner's decision shall:(2) Be sent to the person who petitioned for the change of the instream flow and to any other person who has asked to be notified in writing of the decision; and(3) State the reason(s) for the decision and whether the decision is to deny the petition or to reconsider established protected instream flows.(g) If the commissioner grants the petition, the department shall establish revised protected instream flows by the process set forth in Env-Wq 1904.01.(h) The commissioner's decision on the petition may be appealed in accordance with RSA 541.N.H. Code Admin. R. Env-Wq 1904.06
Derived From Volume XXXIX Number 02, Filed January 10, 2019, Proposed by #12695, Effective 12/22/2018, Expires 12/22/2028.