485-C:22 Exemptions for Large Groundwater Withdrawals From Replacement Wells. –
I. Large groundwater withdrawals from new wells that replace a well or wells installed prior to August 1, 1998 shall not be subject to the requirements of RSA 485-C:14-a and RSA 485-C:21. Such wells shall require approval of the department under RSA 485-C:22, II-IV.
II. No person shall withdraw 57,600 gallons or more of groundwater from a replacement well or wells over any 24-hour period without the prior approval of the department.
III. Before the department issues an approval for a large groundwater withdrawal from a replacement well or wells, a person shall submit an application to the department to demonstrate the withdrawal from the replacement well or wells will:
(a) Operate and impact water users and resources in substantially the same manner as the well or wells that are being replaced; and
(b) Not cause an unmitigated impact to any existing drinking water supply described in RSA 485-C:21, V-c that exists at the time the application was submitted.
IV. Applications for approval of replacement wells shall be submitted to the department and contain the following information:
(a) Name and address of the well owner replacing the well or wells.
(b) Address and map identifying the location of the well or wells being replaced and the location of the replacement well or wells.
(c) Description of the well construction details of the well or wells being replaced and new replacement or replacement wells including:
(1) Depth of well.
(2) Length and diameter of well casing and screen.
(3) Description of overburden and bedrock lithology of the well or wells being replaced and the new replacement well or wells.
(d) Hydrogeologic information that demonstrates that the effects of the replacement well or wells on water users and water resources identified by RSA 485-C:21, V-c will be substantially the same as the well that is being replaced.
(e) Hydrogeologic information, including withdrawal testing data and mitigation plans when necessary, that demonstrates the replacement well will not cause an unmitigated impact to any drinking water supply well described in RSA 485-C:21, V-c that exists at the time the application was submitted in accordance with rules adopted by the department pursuant to RSA 541-A.
(f) The department shall require that monitoring and mitigation plans be implemented when necessary to identify and mitigate the occurrence of such impacts or reduce the volume of the withdrawal. The department shall require a large groundwater withdrawal from a replacement well to cease and desist if such withdrawal causes unmitigated impacts to drinking water supply wells as described in RSA 485-C:21, V-c that exists at the time the application was submitted.
V. A person submitting an application to the department in accordance with paragraph III, shall provide a copy of the application to the governing body of municipalities located within 4,000 feet of the proposed replacement well.
VI. The department shall provide a copy of any final decisions it makes on an application submitted pursuant to paragraph III to the governing body of municipalities located within 4,000 feet of the proposed replacement well.
VII. Any party may appeal from the decision of the department to approve a withdrawal in accordance with paragraph III. Actions of the department under paragraph III may be appealed in accordance with RSA 21-O:14. The appeal shall be filed within 60 days after the approval of the department.