State Codes and Statutes

Statutes > New-hampshire > TITLEL > CHAPTER482 > 482-93


   I. There is established the dam management review committee which shall consist of 9 members, 4 of whom shall be representatives from the resources, recreation and development committee appointed by the speaker of the house, one of whom shall be designated by the speaker as chairman of the committee; 4 members of the senate from the environment committee appointed by the president of the senate; and the commissioner, department of environmental services, or his designee, who shall be a nonvoting member of the committee. Members shall be appointed for their term of office, provided that all members shall be eligible for reappointment so long as they are qualified under the provisions of this section. The members shall choose from their number a secretary. Members of the committee shall not be compensated but shall be paid legislative mileage when attending committee meetings or attending to other committee business.
   II. The committee shall meet as frequently as is deemed to be necessary at the call of the chairman.
   III. The committee shall have the duty to develop policies and procedures to recommend to the speaker of the house and the president of the senate, the house resources, recreation and development committee and the senate environment committee on matters relating to the acquisition, repair, use and management of dams by the state which shall include but not be limited to:
      (a) Method of review of proposed legislation on the subject of dams.
      (b) All state-owned dams shall be reviewed at least once every 9 years. A current pertinent data sheet shall be submitted to the committee by the department on all dams to be reviewed each calendar year on or before January 1. The data sheet shall contain such information as may be required by the committee.
      (c) Criteria on which to base recommendations as to repair, breach, sale or some other action regarding state owned dams related to the overall water resources management program of the state.
      (d) Criteria on which to base recommendations to acquire dams, which shall include:
         (1) The owner of each private dam that is under consideration for acquisition by the state shall thoroughly investigate the feasibility of first establishing a village district pursuant to RSA 52 prior to approaching the legislative dam management review committee for approval.
         (2) Each proposal for acquisition by the state shall be researched by the legislative dam management review committee, which shall employ, but not be limited to, the following criteria in its recommendations to the standing committees of the house and senate, prior to final consideration of such legislation. These criteria are designed to measure the impact of breaching the dam against its value as a public asset:
            (A) Potential supply and quality of water--the effect of losing the dam on the surrounding area, its groundwater levels and aquifer recharge areas and watersheds.
            (B) General environmental, scenic, historical and ecological concerns.
            (C) Safety considerations--if repair is needed to protect downstream property, what cost-sharing is available between the present owner, the municipality, and other interested parties.
            (D) Fish and wildlife value of the water impoundment--a report from the department of fish and game evaluating the wildlife resource, with and without the dam.
            (E) Recreational value--past, present and expected future use of the water body by the public; such as swimming, boating, fishing, with good public access.
            (F) Energy potential--possibility of the use of the dam as a hydro-power site, or other economic value as a water storage or impoundment area detailed in a report from the department and division of economic development, department of resources and economic development.
            (G) Deeded access--needed by the department for repair and maintenance of the dam, should it become state property.
            (H) Flood control potential--recommended by the department and the U.S. Army Corps of Engineers, to protect downstream areas from serious flood damage.
      (e) Guidelines which shall give direction to the rulemaking by the commissioner on state dam operations as they relate to the water resources management program.
   IV. All state agencies are directed to cooperate with the committee and provide any information in their possession pertinent to the overall water resources management program of the state upon request.
   V. The committee shall have the further duty to conduct continuing reviews on matters set forth in paragraph III under the policies and procedures which the general court shall adopt.

Source. 1989, 339:1. 1995, 9:41, 42. 1996, 228:105-107, 110, eff. July 1, 1996.

State Codes and Statutes

Statutes > New-hampshire > TITLEL > CHAPTER482 > 482-93


   I. There is established the dam management review committee which shall consist of 9 members, 4 of whom shall be representatives from the resources, recreation and development committee appointed by the speaker of the house, one of whom shall be designated by the speaker as chairman of the committee; 4 members of the senate from the environment committee appointed by the president of the senate; and the commissioner, department of environmental services, or his designee, who shall be a nonvoting member of the committee. Members shall be appointed for their term of office, provided that all members shall be eligible for reappointment so long as they are qualified under the provisions of this section. The members shall choose from their number a secretary. Members of the committee shall not be compensated but shall be paid legislative mileage when attending committee meetings or attending to other committee business.
   II. The committee shall meet as frequently as is deemed to be necessary at the call of the chairman.
   III. The committee shall have the duty to develop policies and procedures to recommend to the speaker of the house and the president of the senate, the house resources, recreation and development committee and the senate environment committee on matters relating to the acquisition, repair, use and management of dams by the state which shall include but not be limited to:
      (a) Method of review of proposed legislation on the subject of dams.
      (b) All state-owned dams shall be reviewed at least once every 9 years. A current pertinent data sheet shall be submitted to the committee by the department on all dams to be reviewed each calendar year on or before January 1. The data sheet shall contain such information as may be required by the committee.
      (c) Criteria on which to base recommendations as to repair, breach, sale or some other action regarding state owned dams related to the overall water resources management program of the state.
      (d) Criteria on which to base recommendations to acquire dams, which shall include:
         (1) The owner of each private dam that is under consideration for acquisition by the state shall thoroughly investigate the feasibility of first establishing a village district pursuant to RSA 52 prior to approaching the legislative dam management review committee for approval.
         (2) Each proposal for acquisition by the state shall be researched by the legislative dam management review committee, which shall employ, but not be limited to, the following criteria in its recommendations to the standing committees of the house and senate, prior to final consideration of such legislation. These criteria are designed to measure the impact of breaching the dam against its value as a public asset:
            (A) Potential supply and quality of water--the effect of losing the dam on the surrounding area, its groundwater levels and aquifer recharge areas and watersheds.
            (B) General environmental, scenic, historical and ecological concerns.
            (C) Safety considerations--if repair is needed to protect downstream property, what cost-sharing is available between the present owner, the municipality, and other interested parties.
            (D) Fish and wildlife value of the water impoundment--a report from the department of fish and game evaluating the wildlife resource, with and without the dam.
            (E) Recreational value--past, present and expected future use of the water body by the public; such as swimming, boating, fishing, with good public access.
            (F) Energy potential--possibility of the use of the dam as a hydro-power site, or other economic value as a water storage or impoundment area detailed in a report from the department and division of economic development, department of resources and economic development.
            (G) Deeded access--needed by the department for repair and maintenance of the dam, should it become state property.
            (H) Flood control potential--recommended by the department and the U.S. Army Corps of Engineers, to protect downstream areas from serious flood damage.
      (e) Guidelines which shall give direction to the rulemaking by the commissioner on state dam operations as they relate to the water resources management program.
   IV. All state agencies are directed to cooperate with the committee and provide any information in their possession pertinent to the overall water resources management program of the state upon request.
   V. The committee shall have the further duty to conduct continuing reviews on matters set forth in paragraph III under the policies and procedures which the general court shall adopt.

Source. 1989, 339:1. 1995, 9:41, 42. 1996, 228:105-107, 110, eff. July 1, 1996.


State Codes and Statutes

State Codes and Statutes

Statutes > New-hampshire > TITLEL > CHAPTER482 > 482-93


   I. There is established the dam management review committee which shall consist of 9 members, 4 of whom shall be representatives from the resources, recreation and development committee appointed by the speaker of the house, one of whom shall be designated by the speaker as chairman of the committee; 4 members of the senate from the environment committee appointed by the president of the senate; and the commissioner, department of environmental services, or his designee, who shall be a nonvoting member of the committee. Members shall be appointed for their term of office, provided that all members shall be eligible for reappointment so long as they are qualified under the provisions of this section. The members shall choose from their number a secretary. Members of the committee shall not be compensated but shall be paid legislative mileage when attending committee meetings or attending to other committee business.
   II. The committee shall meet as frequently as is deemed to be necessary at the call of the chairman.
   III. The committee shall have the duty to develop policies and procedures to recommend to the speaker of the house and the president of the senate, the house resources, recreation and development committee and the senate environment committee on matters relating to the acquisition, repair, use and management of dams by the state which shall include but not be limited to:
      (a) Method of review of proposed legislation on the subject of dams.
      (b) All state-owned dams shall be reviewed at least once every 9 years. A current pertinent data sheet shall be submitted to the committee by the department on all dams to be reviewed each calendar year on or before January 1. The data sheet shall contain such information as may be required by the committee.
      (c) Criteria on which to base recommendations as to repair, breach, sale or some other action regarding state owned dams related to the overall water resources management program of the state.
      (d) Criteria on which to base recommendations to acquire dams, which shall include:
         (1) The owner of each private dam that is under consideration for acquisition by the state shall thoroughly investigate the feasibility of first establishing a village district pursuant to RSA 52 prior to approaching the legislative dam management review committee for approval.
         (2) Each proposal for acquisition by the state shall be researched by the legislative dam management review committee, which shall employ, but not be limited to, the following criteria in its recommendations to the standing committees of the house and senate, prior to final consideration of such legislation. These criteria are designed to measure the impact of breaching the dam against its value as a public asset:
            (A) Potential supply and quality of water--the effect of losing the dam on the surrounding area, its groundwater levels and aquifer recharge areas and watersheds.
            (B) General environmental, scenic, historical and ecological concerns.
            (C) Safety considerations--if repair is needed to protect downstream property, what cost-sharing is available between the present owner, the municipality, and other interested parties.
            (D) Fish and wildlife value of the water impoundment--a report from the department of fish and game evaluating the wildlife resource, with and without the dam.
            (E) Recreational value--past, present and expected future use of the water body by the public; such as swimming, boating, fishing, with good public access.
            (F) Energy potential--possibility of the use of the dam as a hydro-power site, or other economic value as a water storage or impoundment area detailed in a report from the department and division of economic development, department of resources and economic development.
            (G) Deeded access--needed by the department for repair and maintenance of the dam, should it become state property.
            (H) Flood control potential--recommended by the department and the U.S. Army Corps of Engineers, to protect downstream areas from serious flood damage.
      (e) Guidelines which shall give direction to the rulemaking by the commissioner on state dam operations as they relate to the water resources management program.
   IV. All state agencies are directed to cooperate with the committee and provide any information in their possession pertinent to the overall water resources management program of the state upon request.
   V. The committee shall have the further duty to conduct continuing reviews on matters set forth in paragraph III under the policies and procedures which the general court shall adopt.

Source. 1989, 339:1. 1995, 9:41, 42. 1996, 228:105-107, 110, eff. July 1, 1996.