N.H. Admin. Code § Env-Wq 1906.08

Current through Register No. 50, December 12, 2024

Section Env-Wq 1906.08 - Petition for Changes to an Adopted Water Management Plan

(a) A person may file a petition with the department for change of an adopted plan when:

(1) There is a new affected water user in the WMPA;

(2) An existing affected water user desires to increase water use;

(3) An existing affected water user has changes in timing of water use;

(4) An existing affected water user has decreased water use; or

(5) There are changes in water use or operating conditions for an affected water user or affected dam owner.

(b) The petition shall be in writing.

(c) The petition shall include:

(1) The name, address, and daytime telephone number of the person petitioning for change;

(2) If the person petitioning for 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 to the plan;

(4) An explanation of how the change to the adopted plan is consistent with maintenance of established protected instream flows and water quality standards;

(5) 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;

(6) If applicable, any factors the petitioner believes the department should reevaluate; and

(7) Data not available or considered at the time the plan was adopted.

(d) The department shall grant the petition if the information in the petition indicates that criteria in (a) above for changes to a water management plan are met, and if the petition is complete as described in (c) above.

(e) The department shall deny a petition for change that is based on information available to the requesting party when the water management plan was prepared, but not submitted to the department in a timely fashion.

(f) Within 30 days of receiving a petition for change, the department shall:

(1) Deny the petition and affirm the adopted plan; or

(2) Grant the petition and begin reconsideration of the provisions of the plan requested in the petition.

(g) The department's decision shall:

(1) Be in writing;

(2) Be sent to the person who requested the change of the water management plan and to any other person who has asked to be notified of the decision in writing;

(3) Be made available electronically to the general public; and

(4) State the reason(s) for the decision, whether the decision is to deny the petition or to grant the petition and reconsider the specified provisions of the water management plan.

(h) If the department grants the petition, the department shall within 30 days of the decision, initiate action to reconsider a water management plan by the processes described in Env-Wq 1906.01.

(i) The department shall initiate action to reconsider a water management plan by the processes described in Env-Wq 1906.01 if there are changed conditions in the watershed that warrant re-evaluation of the plan.

N.H. Admin. Code § Env-Wq 1906.08

#7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1906.08); 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.