N.H. Code Admin. R. Env-Wq 1905.12

Current through Register No. 25, June 20, 2024

Section Env-Wq 1905.12 - Changes to the Water Management Plan as a Result of Changes in the WMPA

If the department determines that conditions in the WMPA have changed in such a manner and extent that the existing water management plan no longer supports the protected instream flows, the department shall:

(a) Prepare findings of changed circumstances and amendments to the water management plan proposed to address those changed circumstances;

(b) Notify affected water users and affected dam owners within the WMPA that the department;

(1) Proposes to amend the water management plan;

(2) Will accept written comments on the proposal to amend the water management plan from affected water users and affected dam owners within the WMPA for 30 days after the date of the notice; and

(3) 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;

(c) Upon receipt of a sufficient number of requests specified in (b)(3), above, hold a public hearing in accordance with Env-C 205, to receive comments on the proposed amendments; and

(d) Complete a review of the proposed amendments and any comments received in accordance with (b) and (c), above.

(e) Adopt the proposed amendments if it determines, based on the evidence of changed circumstances and any public comments received that:

(1) The changed circumstances impact the protected instream flow conditions in such a manner as to necessitate a change to the adopted plan; and

(2) The proposed amendments are consistent with maintenance of established protected instream flows and water quality standards.

(f) Upon adoption of the proposed amendments, send a written notice to the affected water users and affected dam owners within the WMPA, and to any other person who has asked to be notified, stating the reasons for adoption of the amendments.

N.H. Code Admin. R. Env-Wq 1905.12

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