HB 460 – AS AMENDED BY THE HOUSE
21Mar2007… 0407h
2007 SESSION
06/04
HOUSE BILL 460
AN ACT relative to conservation restrictions to protect public water supplies.
SPONSORS: Rep. Moody, Rock 12; Rep. Brueggemann, Merr 12; Rep. Tupper, Merr 6; Rep. Wall, Straf 7; Rep. Harvey, Hills 21; Sen. Cilley, Dist 6
COMMITTEE: Resources, Recreation and Development
This bill permits public utility water companies that acquire land to install and maintain facilities and extract water for public drinking water supply needs.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21Mar2007… 0407h
07-0561
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to conservation restrictions to protect public water supplies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraphs; Public Utility Water Companies; Documentation of Conservation Restriction. Amend RSA 362:4 by inserting after paragraph VI the following new paragraphs:
VII.(a) Any public water utility, as defined in RSA 362:4, which acquires lands for the purpose of protecting a public water supply shall hold all such lands subject to a conservation restriction for the benefit of the ratepayers in accordance with RSA 477:45-47 to assure that the property is retained forever in its undeveloped condition and to prevent any use of the property that impairs or interferes with the perpetual protection of the quality and sustainable yield of surface water and groundwater resources on and under that property.
(b) Such conservation restriction shall include, but not be limited to, prohibition of residential, industrial, and commercial development, roads except those allowed for maintenance of the public water supply, landfills, and the storage or disposal of hazardous or solid wastes.
(c) For the purposes of the conservation restriction, activities necessary for the provision of the public drinking water supply shall be permitted.
VIII. Prior to approving any rate increase reflecting the inclusion of the property in the water utility’s rate base, the public utilities commission shall require the public utility water company to provide documentation that such conservation restriction has been properly executed and duly recorded, and is held by a qualified entity under RSA 477:46.
2 Effective Date. This act shall take effect upon its passage.