N.H. Code Admin. R. Env-Wq 1905.04

Current through Register No. 25, June 20, 2024

Section Env-Wq 1905.04 - Water Use Plans

(a) Each affected water user in a WMPA subject to a water management plan under Env-Wq 1905.01 shall:

(1) Have an individual water use plan that is prepared by the department in consultation with the affected water user; and

(2) Submit to the department the information specified in (e), below.

(b) Each individual water use plan shall be incorporated into the water management plan for the WMPA.

(c) This section shall not apply to a hydropower dam facility that is an affected water user and has no withdrawal other than water used for hydropower production.

(d) The department shall identify all affected water users within the WMPA and shall prepare an individual water use plan for each affected water user in the WMPA.

(e) Each individual water use plan shall:

(1) Include a report of water use patterns and the anticipated needs of each affected water user in the WMPA that:

a. Is based on specific water-use data and information from department records, site visits, and information received from affected water users; and

b. Includes the following information:

1. The name of the affected water user facility;

2. The name of the town where the facility is located;

3. The name, address, email address, and telephone number of owner, operator or both;

4. The emergency contact person and phone number;

5. A description including the locations of the facility's water withdrawals and discharges;

6. The monthly and annual historical water use for each source of water used by the facility;

7. The monthly and annual historical water discharged by the facility; and

8. A description of patterns of current and projected water use;

(2) Describe the affected water user's potential for water use modification to meet protected instream flows, including water use patterns and needs as determined in (1) above;

(3) Be developed so that the net effect of implementation of all individual plans, in coordination with implementation of the dam management plan, is maintenance of the protected instream flows; and

(4) Include an implementation schedule that complies with Env-Wq 1905.07.

(f) Notwithstanding any rule to the contrary, in order to help support the water use needs of affected water users during periods when stream flows are below the protected instream flows, the department shall:

(1) Determine the index amount of water equal to 5% of the 7Q10 at one or more of the designated river's stream flow gages;

(2) Use the amount in (1) above to determine the derivative amount of water equal to 5% of the 7Q10:

a. At the impact point on the designated river of each affected water user's withdrawal; and

b. Where the designated river exits the WMPA;

(3) Apportion among affected water users for withdrawal such amounts that in the aggregate do not exceed the amounts calculated in (2), above, giving priority to affected water users who:

a. Withdraw water directly from the designated river or its tributary; and

b. Have a water use pattern less than the amount in (2)a., above; and

c. Have limited alternatives to meeting their water withdrawal needs from their surface water source;

(4) Specify in the water use plan of each affected water user the amount apportioned pursuant to (3), above, if applicable; and

(5) Revise the apportionments in water use plans in accordance with Env-Wq 1905.12 if water use conditions in the WMPA have changed.

N.H. Code Admin. R. Env-Wq 1905.04

#7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1905.04 ); 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.