N.H. Code Admin. R. Env-Wq 1905.08

Current through Register No. 25, June 20, 2024

Section Env-Wq 1905.08 - Publication, Hearing, and Opportunity for Public Comment on Proposed Water Management Plans

(a) Prior to adoption of a water management plan for a designated river or designated river segment, the department shall:

(1) Prepare a proposed water management plan document containing the draft water conservations plans, water use plans, and dam management plans of the affected water users and affected dam owners in the WMPA;

(2) Post on the department's web page a notice of the availability of the proposed water management plan report and send notice to the persons identified in Env-Wq 1904.04(d);

(3) Hold a public informational meeting to present and describe the proposed water management plan; and

(4) At least 15 days after the informational meeting held in accordance with (3), above, hold a public hearing to receive public comment on the proposed water management plan in accordance with Env-C 205 and the following requirements:

a. The hearing shall be held in a community through or past which the designated river flows;

b. The hearing shall be held at least 30 days after the notice required in (2), above is posted;

c. At least 30 days before the hearing, the department shall post on the department's web page a notice of the hearing and send written notice of the public hearing to and solicit comment from the persons identified in Env-Wq 1904.04(d); and

d. At the public hearing, the department shall specify a comment period which shall close at least 30 days after the hearing date, during which time the department shall accept written comments on the factors pertaining to the proposed water management plan.

(b) The department shall consider the comments received during the public hearing and comment period to review the proposed water management plan relative to the following factors:

(1) The outstanding characteristics identified in RSA 483:1;

(2) The resources identified in RSA 483:6, IV(a);

(3) The flow-dependent instream public uses identified in RSA 483:9-c;

(4) Water quality standards;

(5) The extent to which implementation of the water management plan will maintain the established protected instream flows;

(6) Whether there are affected water users or affected dam owners in the WMPA that have failed to provide information or participate in good faith in negotiations for development of the plan;

(7) Any objections to the proposed plan; and

(8) Other information relevant to the proposed plan that was not considered during the preparation of the proposed plan.

N.H. Code Admin. R. Env-Wq 1905.08

Derived From Volume XXXIX Number 02, Filed January 10, 2019, Proposed by #12695, Effective 12/22/2018, Expires 12/22/2028.