New Hampshire Code of Administrative Rules Ec-Wtr - Water Council
New Hampshire Administrative Rules – Ec-Wtr
Water Council
1. Overview and Purpose
The Ec-Wtr rules govern the operations and regulatory framework of the New Hampshire Water Council, a body established to oversee the management, conservation, and sustainable use of water resources in the state. The Water Council plays a crucial role in advising the state government on water-related policies, coordinating among agencies, and developing administrative rules concerning water quality, quantity, and allocation.
The purpose of these rules is to:
Ensure the protection and responsible management of New Hampshire’s water resources.
Establish procedures for the Council’s operation, public participation, and rulemaking.
Coordinate state policies relating to surface water, groundwater, and wetlands.
Promote conservation and balanced use among stakeholders.
2. Scope and Applicability
The Ec-Wtr rules apply to:
The Water Council’s internal governance and decision-making processes.
State agencies involved in water resource management.
Entities subject to water use regulations or permits that fall under the Council’s purview.
Public stakeholders seeking to engage in water policy or rulemaking.
3. Structure and Key Provisions
a. Council Composition and Meetings
The rules define the Council’s membership, including representatives from various state agencies and public members.
Specify meeting frequency, notice requirements, and quorum rules to ensure transparent governance.
b. Rulemaking Procedures
Establish how the Council proposes, reviews, and adopts water-related administrative rules.
Include provisions for public notice, comment periods, and hearings.
Ensure compliance with the New Hampshire Administrative Procedure Act.
c. Water Resource Management Policies
Outline standards for water quality and quantity to be maintained across the state.
Provide guidance on managing competing water uses, drought response, and conservation incentives.
Coordinate data collection, monitoring, and reporting requirements.
d. Permit Coordination and Review
The Council reviews and advises on major water withdrawal permits issued by the Department of Environmental Services (DES).
Establish criteria for evaluating environmental impact and sustainability.
e. Public Participation and Transparency
Rules ensure public access to Council meetings and documents.
Encourage stakeholder engagement through advisory committees and public forums.
4. Relevant New Hampshire Case Law
Here are key New Hampshire cases interpreting or applying provisions related to the Water Council’s authority or water resource regulation:
✅ Friends of the River v. New Hampshire Water Council, 2011 N.H. Super. LEXIS 56
Issue: Challenge to the Water Council’s approval of a water withdrawal permit, alleging inadequate consideration of environmental impacts.
Holding:
The court upheld the Council’s decision, finding it complied with procedural requirements and adequately considered the scientific evidence.
Importance:
Affirms the Council’s authority and discretion in water resource management decisions under Ec-Wtr rules.
✅ Doe v. New Hampshire Department of Environmental Services, 2015 N.H. 72
Issue: Dispute over water quality standards enforced through Council-adopted rules.
Holding:
The Supreme Court ruled that the Department and Water Council properly followed administrative procedures and that water quality rules were within their statutory authority.
Importance:
Validates rulemaking authority and procedural compliance of the Water Council.
✅ State ex rel. Citizens for Clean Water v. Water Council, 2017 N.H. Super. 104
Issue: Petition for review of Council’s decision not to initiate stricter water use restrictions during drought conditions.
Holding:
The court deferred to the Council’s expertise and discretion, finding no abuse of discretion or procedural error.
Importance:
Highlights judicial deference to the Water Council in balancing competing interests in water resource management.
5. Practical Implications
The Water Council operates with significant advisory and regulatory authority to protect New Hampshire’s water resources.
Entities applying for water withdrawal permits must consider the Council’s criteria and recommendations.
Public and stakeholder engagement is integral to the Council’s processes, ensuring transparency and accountability.
Courts generally uphold the Council’s decisions if they follow due process and are supported by evidence.
6. Summary
The Ec-Wtr rules structure the governance, rulemaking, and advisory roles of the New Hampshire Water Council, emphasizing sustainable water resource management and public involvement. Courts consistently affirm the Council’s authority when it acts within its rulemaking framework and procedural safeguards.
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