N.H. Admin. Code § Env-Wq 1906.06

Current through Register No. 44, October 31, 2024

Section Env-Wq 1906.06 - Hearing and Opportunity for Public Comment on Water Management Plans

(a) Prior to adoption of a water management plan for a designated river or segment, the department shall hold a public hearing, in accordance with Env-C 205, to receive public comment.

(b) The department shall use 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) 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) The reasons affected water users or affected dam owners object to provisions of the proposed plan;

(8) Information relevant to conservation, water use, or dam operation which has not been considered in preparation of the proposed plan;

(9) Information relevant to implementation of the proposed plan; and

(10) Other information relevant to the proposed plan.

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

(d) At least 30 days before the hearing, the department shall issue a notice of the hearing in a newspaper of local circulation and send written notice of the public hearing to and solicit comment from the following:

(1) Affected water users in the WMPA;

(2) Affected dam owners in the WMPA;

(3) The Federal Energy Regulatory Commission, for each designated river with a licensed or exempted hydropower site;

(4) LMAC members;

(5) LRMAC members for the designated river;

(6) The governing body of each municipality through or past which the designated river flows;

(7) The National Park Service;

(8) The New Hampshire department of justice;

(9) The New Hampshire public utilities commission;

(10) RMAC members;

(11) The governor of any state which shares a designated river;

(12) The United States Environmental Protection Agency;

(13) The United States Fish And Wildlife Service;

(14) The United States Forest Service, for each designated river inside the White Mountain National Forest;

(15) The United States Geological Survey; and

(16) Persons who have requested in writing to be notified of the hearing.

(e) 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.

N.H. Admin. Code § Env-Wq 1906.06

#7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1906.06); ss by #9936, eff 5-28-11

The amended version of this section by New Hampshire Register Volume 39, Number 02, eff.12/22/2018 is not yet available.