CHAPTER 305

SB 155 - FINAL VERSION

03/13/03 0595s

29may03... 1567h

06/24/03 2153cofc

06/30/03 2303eba

2003 SESSION

03-0684

06/09

SENATE BILL 155

AN ACT establishing a commission to study issues relative to groundwater withdrawals.

SPONSORS: Sen. Johnson, Dist 2; Rep. R. Cooney, Rock 76

COMMITTEE: Environment

AMENDED ANALYSIS

This bill establishes a commission to study issues relative to groundwater withdrawals.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/13/03 0595s

29may03... 1567h

06/24/03 2153cofc

06/30/03 2303eba

03-0684

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing a commission to study issues relative to groundwater withdrawals.

Be it Enacted by the Senate and House of Representatives in General Court convened:

305:1 Commission Established. The general court recognizes that the waters of New Hampshire are a precious and invaluable resource upon which there is an ever increasing demand for existing, new, and competing uses. The general court further recognizes that an adequate supply of groundwater for domestic, agricultural, industrial, and recreational uses and for fish and wildlife is essential to the health, safety, and welfare of the people of New Hampshire. Therefore, there is hereby established a commission to study ways to clarify the hierarchy of water uses while considering existing private property rights, to bring a balanced approach to water use among residential, public water supply, industrial, commercial, agricultural, recreational and other water users, and to review the current process by which all such new water users may reasonably and efficiently use state water resources, including consideration of potential regional impacts and local water management issues, in order to best protect and preserve an adequate supply of water for the state.

305:2 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Three members of the senate, appointed by the president of the senate.

(b) Three members of the house of representatives, appointed by the speaker of the house.

(c) A representative of public water supplier interests, nominated by the New Hampshire Water Works Association, and appointed by the governor.

(d) The commissioner of the department of environmental services, or designee.

(e) One member of a regional planning commission, nominated by the New Hampshire Association of Regional Planning Commissions, and appointed by the governor.

(f) A representative of the International Bottled Water Association, nominated by the association, and appointed by the governor.

(g) Two members of the public, appointed by the governor.

(h) Two representatives of different business water users, nominated by the Business and Industry Association of New Hampshire, and appointed by the governor.

(i) A representative of municipal interests, nominated by the New Hampshire Municipal Association, and appointed by the governor.

(j) A representative of the Society for the Protection of New Hampshire Forests, nominated by the society, and appointed by the governor.

(k) A representative of the New Hampshire Farm Bureau, nominated by the bureau, and appointed by the governor.

(l) A representative of recreational interests, appointed by the governor.

(m) A representative of the joint board of professional engineers, architects, land surveyors, foresters, professional geologists, and natural scientists who shall be a hydrologist or geologist, appointed by the governor.

(n) A representative of the New Hampshire Association of Conservation Commissions, nominated by the association, and appointed by the governor.

(o) A representative of construction and mining activities, nominated by the Associated General Contractors of New Hampshire, and appointed by the governor.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

305:3 Duties. The commission shall study ways to bring a balanced approach to water use among residential, public water supply, industrial, commercial, agricultural, energy, recreational, and other water users, and to improve the current process by which new water users may reasonably and efficiently use state water resources, including consideration of potential regional impacts and local water management issues, in order to best protect and preserve an adequate supply of water for the state with particular attention to groundwater. This study shall include consideration of issues such as potential impacts on New Hampshire's environment, property rights as they relate to groundwater, possible fees on water withdrawals, and the protection of New Hampshire's aquifers.

The commission may address other issues related to water.

305:4 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Eight members of the commission shall constitute a quorum.

305:5 Report. The commission shall make an interim report of its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2003. The commission shall make a final report of its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 30, 2004.

305:6 Effective Date. This act shall take effect upon its passage.

(Approved: July 18, 2003)

(Effective Date: July 18, 2003)