TITLE L
WATER MANAGEMENT AND PROTECTION

CHAPTER 483
NEW HAMPSHIRE RIVERS MANAGEMENT AND PROTECTION PROGRAM

Section 483:4

    483:4 Definitions. –
In this chapter:
I. "Advisory committee" means the rivers management advisory committee established in RSA 483:8.
II. "Agriculture" means agriculture as defined in RSA 21:34-a.
II-a. " Aquatic connectivity " means the ability of aquatic organisms to move naturally within and among water bodies, riparian areas, and floodplains freely without barriers.
III. "Breached dam" means any dam which impounds water at less than 80 percent of its original design level at seasonal high flows and for which the original configuration of the dam can still be determined.
IV. "Channel alteration" means any human activity which changes the character of a river or stream channel including, but not limited to, filling, dredging, relocating, excavating, cleaning, deepening, widening, straightening or riprapping.
V. "Commissioner" means the commissioner, department of environmental services.
VI. "Dam" means any artificial barrier, including appurtenant works, across a river which impounds or diverts water.
VII. "Department" means the department of environmental services.
VIII. " Designated river " means that portion of a perennial river which has been specifically designated by the general court pursuant to RSA 483:15.
IX. "Existing dam" means any dam which has not deteriorated or been breached or modified to the point where it no longer impounds water at 80 percent or more of its original design level at seasonal high flows.
IX-a. "Flowage right" means an easement to flow water over the land of others.
IX-b. " Fluvial geomorphology " means a description of the physical forms and processes of a river or stream, including but not limited to bank erosion, bed scour, sediment aggradation, channel constrictions, and modifications, based on historical and field data, that may be used to evaluate the impact of riverine hazards, and improve management of associated risks.
X. " Free-flowing ," as applied to any designated river or river segment, means existing or flowing without artificial impoundment, diversion, channel alterations, or other modifications excluding upstream flow management.
XI. "Instream public uses" means those uses which comprise the state's interests in surface waters including, but not limited to: navigation; recreation; fishing; storage; conservation; maintenance and enhancement of aquatic and fish life; fish and wildlife habitat; wildlife; the protection of water quality and public health; pollution abatement; aesthetic beauty; and hydroelectric energy production.
XII. "Interbasin transfer" means any transfer of water for use from one river drainage basin to another.
XII-a. " Meander belt " means the width on either side of a river channel which the river can occupy through time as a result of migration.
XIII. "New dam" means any dam which requires the construction or enlargement of any impoundment or diversion structure.
XIV. "New hydroelectric power facilities" means the construction, operation, or installation of electric generating units at dams where no hydroelectric power generation has occurred for a period of 6 years or more.
XV. [Repealed.]
XVI. " Protected instream flow " means a stream flow pattern which is established to maintain water for present and future instream public uses.
XVI-a. " Restore " means to return an ecosystem to a close approximation of its natural condition.
XVII. " River " means a flowing body of water including the tidal mouth of rivers whose salinity, flow, or level is influenced by the tides, or a segment or tributary of such water body.
XVIII. "River corridor" means the river and the land area located within a distance of 1,320 feet of the normal high water mark or to the landward extent of the 100 year floodplain as designated by the Federal Emergency Management Agency, whichever distance is larger.
XIX. " River drainage basin " means the New Hampshire portions of USGS Hydrologic Unit Codes 0104 (Androscoggin), 0108 (Connecticut), 0107 (Merrimack), 01060003 (Piscataqua), and 01060002 (Saco) river basins as delineated on a map compiled by the department.

Source. 1989, 339:1. 1990, 233:2. 1992, 261:8. 2007, 285:10. 2009, 201:4, 5, eff. July 15, 2009. 2016, 286:1, eff. Aug. 20, 2016; 287:2-7, 36, eff. Aug. 20, 2016.