With all the rain New Hampshire has received this spring, the five federal dams that control the level of the Merrimack River have been getting attention.
Decades ago severe flooding in southern New Hampshire and northern Massachusetts prompted the two states to make a deal..
The two states would pay New Hampshire towns to set aside land for the Army Corps of Engineers to build the dams.
Their purpose is to divert flood waters to lessen any potential damage down-stream.
But New Hampshire officials complain Massachusetts isn't keeping up with its side of the contract.
And they say the Bay State owes about 3 million dollars.
New Hampshire Public Radio's David Darman has more.
The 5 dams that regulate the flow of the Merrimack are located as far north as Franklin, and they keep as much as 50 billion gallons from gushing downstream to Massachusetts.
The land taken to store all that water used to be subject to property taxes before it was taken over.
So a long time ago, New Hampshire and Massachusetts agreed to pay Franklin, Hopkinton, and other communities for lost taxes.
A bi-state panel called the Merrimack River Valley Flood Control Commission oversees the property tax issue for the dams.
Fred Welch of Seabrook chairs the New Hampshire side.
And he says for more than ten years, Massachusetts has stiffed New Hampshire on the property tax bill.
they've gone back on their word. as far as i'm concerned, their word isn't trustworthy. and if the governor of massachusetts wants to be president of the united states he ought to pay his debts.
It's not that Massachusetts is paying nothing for their obligation.
The Commonwealth does send more than $196,000 a year to New Hampshire.
But New Hampshire officials say the agreement calls for Massachusetts to more than double that payment.
Their calculation is based on current property tax rates.
And a clause in the agreement that says Massachusetts should pay 70 percent, while New Hampshire picks up the rest.
Joe O'Keefe of the Executive Office of Environmental Affairs in Massachusetts says that formula is out of date.
now obviously there's been a significant amount of development along the Merrimack, particularly in New Hampshire as well as Massachusetts, but since that time so that the 70/30 split some nearly 20 years later may not make much sense in that a more reasonable percentage split, perhaps even 50/50 between massachusetts and new hampshire makes more sense in 2006.
It's not that easy to change the funding formula.
It requires majorities from both sides of the commission to agree to something new.
And any changes have to be approved by Congress, since the bi-state commission was created in Washington.
Fred Welch, chairman of the New Hampshire delegation of the commission says changes might be fine, but the Massachusetts side has been uncooperative.
but i think the obligation is there and they've refused steadfastly to discuss it. never mind changing it. they've refused steadfastly to even discuss it. they could have done it any time within the last 12 years and they've decided not to.
No one in either state is denying the importance of the five federal dams that regulate the Merrimack.
And no matter what transpires between the two states, no New Hampshire official can alter the amount of water that heads downstream.
The U.S. Army Corp of Engineers controls the dams, and decides how much water will flow to Massachusetts.
David Kratz supervises the Merrimack basin.
He says without the dams, recent flooding in both states would have been much worse.
it would be a quick and rapid flood so that's what we would see where buildings would get washed away. where you'd get almost close to 100,000 cfs with that much water quantity which is would take out anything in its path.
The Mayor of Haverhill, Massachusetts says he's thankful the dams minimized the flooding that hit his town.
But Mayor Jim Fiorentini says he wouldn't support sending more money to New Hampshire.
...we're in desperate need of funds here in massachusetts to maintain our school systems which have suffered enormous cutbacks over the years. and a school system in massachusetts takes a higher priority to me than a dam in new hampshire, with all due respect to my friends up there.
For the last decade or so, New Hampshire has paid the affected towns for any shortage of funds from Massachusetts.
The payments have come from the General Fund.
New Hampshire officials have a few options to get the money they believe Massachusetts owes.
The state could send a letter demanding payment.
Or the Governor could decide to pursue the matter all the way to the U.S. Supreme Court.
Bud Fitch of the Attorney General's Office says the state is still exploring its options.
the governor's office is very interested in pursuing this matter and we're actively working toward the next appropriate steps. certainly, its preliminary at this point to predict if or when it would be necessary to file in the court system.
The full Merrimack River Valley Flood Commission hasn't met in quite a while.
Its supposed to meet every year during the first couple of months.
But there's been no meeting in over a year.
For NHPR news, I'm DD