HB 321 – AS INTRODUCED
2007 SESSION
08/04
HOUSE BILL 321
AN ACT relative to river protection and restoration.
SPONSORS: Rep. Hinkle, Hills 19; Rep. Manney, Hills 7; Rep. Mack, Hills 1; Rep. Carson, Rock 3
COMMITTEE: Resources, Recreation and Development
This bill makes changes to the nomination process for including a river or river segment in the rivers management and protection program.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0819
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to river protection and restoration.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Flood Control Potential. Amend RSA 483:1 to read as follows:
483:1 Statement of Policy. New Hampshire’s rivers and streams comprise one of its most important natural resources, historically vital to New Hampshire’s commerce, industry, tourism, and the quality of life of New Hampshire people. It is the policy of the state to ensure the continued viability of New Hampshire rivers as valued economic and social assets for the benefit of present and future generations. The state shall encourage and assist in the development of river corridor management plans and regulate the quantity and quality of instream flow along certain protected rivers or segments of rivers to conserve and protect outstanding characteristics including recreational, fisheries, wildlife, environmental, cultural, historical, archaeological, scientific, ecological, aesthetic, community significance, agricultural, flood control potential, potential for hydroelectric energy production and public water supply so that these valued characteristics shall endure as part of the river uses to be enjoyed by New Hampshire people.
2 Flood Control; Public Use. Amend RSA 483:4, XI to read as follows:
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; flood control; and hydroelectric energy production.
3 New Subparagraph; Hydroelectric Energy Production. Amend RSA 483:6, IV(a) by inserting after subparagraph (9) the following new subparagraph:
(10) Potential for hydroelectric energy production.
4 New Paragraphs; River Protection Nominations. Amend RSA 483:6 by inserting after paragraph V the following new paragraphs:
VI. In order for a river or river segment to be nominated for inclusion in the rivers management and protection program, such nomination shall be approved by the legislative body of the municipality. Where a river or river segment flows through more than one municipality, nomination for inclusion in the rivers management and protection program shall be approved by all municipalities that border a river or river segment.
VII. No river or river segment shall be included in the rivers management and protection program unless it is included in a local master plan according to RSA 674:2 or a local water resources management and protection plan according to RSA 4-C:22.
5 River Classification Criteria; Hydroelectric Energy Production. Amend RSA 483:7-a, I(c)(3) to read as follows:
(3) Management of rural-community rivers and segments shall maintain and enhance the natural, scenic, recreational and community values of the river and shall consider, protect, and ensure the rights of riparian owners to use the river for such uses as agricultural, forest management, public water supply, residential, recreational, commercial, industrial, flood control, potential for hydroelectric energy production, and other community uses which are compatible with the instream public uses of the river and the management and protection of the resources for which the river or segment is designated.
6 New Subparagraphs; Rivers Management Advisory Committee; Membership. Amend RSA 483:8, I by inserting after subparagraph (j) the following new subparagraphs:
(k) Three members from the house of representatives, appointed by the speaker of the house of representatives.
(l) Three members from the senate, appointed by the president of the senate.
7 Local River Management Advisory Committee. Amend RSA 483:8-a, II to read as follows:
II. Each committee shall be composed of at least 7 members who represent a broad range of interests in the vicinity of the designated river or segment. These interests shall include, but not be limited to, local government, business, conservation interests, recreation, agriculture, archeological, and historical interests, and riparian landowners. If an interest is not represented by the local governing [bodies’] body’s nominations, [the commissioner may] the members shall have 2 months from the date of the local governing body’s nominations to appoint a member from the vicinity of the designated river or segment, to the local river management advisory committee who will represent that interest. County commissioners shall be permitted to nominate members to the local river management advisory committee in unincorporated towns or unorganized places. Each member shall serve a term of 3 years.
8 Effective Date. This act shall take effect 60 days after its passage.