Section Env-Wq 1905.10 - Petition for Changes to an Adopted Water Management Plan(a) A person may file a petition with the department to change an adopted water management plan when: (1) There is a new affected water user in the WMPA; or(2) There are proposed changes in water use or operating conditions by an affected water user or affected dam owner that potentially impact stream flow conditions.(b) A petition shall be in writing and include:(1) The name, address, email address, and daytime telephone number of the person petitioning for a 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 petitioning for change;(3) A clear and concise statement of the specific change being sought;(4) A description of the new water use's impact on stream flow, including the mechanism for water withdrawal and the withdrawal rate;(5) An explanation of how the proposed change to the adopted plan is consistent with maintenance of established protected instream flows and water quality standards;(6) Documentation that all affected water users and affected dam owners to whom the change applies have agreed to the change, or if all have not agreed, an explanation of the reasons for failure to agree;(7) If applicable, any factors the petitioner believes the department should reevaluate; and(8) Identification of any data that was not available to the petitioner or that was presented by the petitioner but not considered by the department at the time the plan was adopted.(c) If a petition contains all the information required in (b), above, the department shall accept the petition as administratively complete and: (1) Notify affected water users and affected dam owners in the WMPA that the department: a. Has received a petition for a change to the water management plan;b. Will accept written comments on the petition from the affected water users and affected dam owners for 30 days after the date of the notice; andc. Will hold a public hearing if it receives requests for a public hearing from at least 25% of affected water users or affected dam owners within the WMPA during the comment period;(2) Upon receipt of a sufficient number of requests specified in (c)(1)c., above, hold a public hearing in accordance with Env-C 205, to receive comments on the changes proposed in the petition; and(3) Complete a review of the changes proposed in the petition and any comments received in accordance with (1) and (2), above.(d) If the petition does not contain all the information required in (b) above: (1) The department shall notify the petitioner that the petition is administratively incomplete and that additional information must be submitted within 45 days of the date of the notification;(2) The petitioner shall submit the information identified in (1), above, within 45 days of the date of the notification; and(3) If the petitioner does not respond to a request for additional information as specified in (1) and (2), the department shall reject the petition without further review.(e) The department shall deny an administratively complete petition if it determines that: (1) The petition is based on information that was available to petitioner when the water management plan was prepared, but not previously submitted to the department;(2) The proposed change in water use will not impact the protected instream flow conditions in such a manner as to necessitate a change to the adopted plan; or(3) The proposed change in the water management plan is inconsistent with maintenance of established protected instream flows and water quality standards.(f) The department shall grant an administratively complete petition if it determines that: (1) The petition is based on new information that was not available to petitioner when the water management plan was prepared;(2) The proposed change in water use will impact the protected instream flow conditions in such a manner as to necessitate a change to the adopted plan; and(3) The proposed change in the water management plan is consistent with maintenance of established protected instream flows and water quality standards.(g) The department's decision to grant or deny a petition shall: (2) Be sent to the petitioner and to any other person who has asked to be notified of the decision in writing; and(3) State the reason(s) for the decision.(h) If the department grants the petition, the department shall amend the adopted water management plan to reflect any changes approved in the decision.(i) The department's decision on the petition may be appealed in accordance with RSA 541.N.H. Admin. Code § Env-Wq 1905.10
Derived From Volume XXXIX Number 02, Filed January 10, 2019, Proposed by #12695, Effective 12/22/2018, Expires 12/22/2028.