Senate Committee Doesn't Agree with the Governor

By Dan Gorenstein on Thursday, February 14, 2002.

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With a severe drought and controversial water bottling plant proposal as the backdrop, water legislation swirling around the statehouse is becoming more impassioned. That debate includes a proposal, with backing from the Governor, which would grant municipalities more control over the permitting of large commercial groundwater withdrawals. NHPR?s Dan Gorenstein reports.

The New Hampshire Department of Environmental Services has often referred to Senate Bill 410 as a housecleaning bill. But contained in this water legislation is a provision that gives municipalities the power to deny large commercial groundwater users. That means anyone who wishes to sell more than 57,600 gallons of water a day from their property would need not just state, but local approval.

Concord attorney Greg Smith, who describes the measure as seriously flawed, says giving towns veto power, doesn?t make sense.

:01 ?And the state wisely choose not to give them in ?98. This is a resource that pays no attention to political boundaries. There is no resason to regulate this resource town by town, and if we were to do that, we would find we couldn?t implement a reasonable water policy and everyone would eb the looser.

The controversial USA Springs water bottling plant is the genesis of this bill. The bottler requested a permit from DES to pump 439,000 gallons of water daily. Many local residents balked at the proposal. And with only the power to provide input to DES, many residents were frustrated with the process. In response, bill sponsor, Democratic Senator Caroline McCarley, wanted a bill that gave more local control.

1:04 what we learned is to have a public hearing on a difficult project that will have an impact on all surrounding communities, you need to have a legitimate local piece involved. Now is this one perfect? Maybe not. But I think it?s got a good basis to go forward.

Attorney Smith says in addition to a 45-day public commenting period, local communities do have some say.

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2:42currently towns are already asserting the kind of authority they have over a new enterprise, for sight plan review, consistency with master planning, despite the fact that they are pre-empted from making the binding determination on the groundwater withdrawal. That is being done elaborately by DES.

Critics say the current bill does nothing to enhance protections. They argue the law already provides for a thorough application process, consistent monitoring, and even gives DES the power to shut down a well if it affects surronding water resources.

But Brandon Kernen from DES, says this legislation improves the state?s water regulations.

:45 the bill does a few new things?first of all it would require the department if the proposed commercial withdrawal, if that is consistent with regional water supply plans and municipality master plans. The existing law is very protective of the environment, but it doesn?t consider what a proposed commercial withdrawal may to do future water needs in a region.

For example, says Kernen, there may be a public water utility that identifies an area they want to develop for future use. But?

2:12 ? if a commercial watersupply installed a well first, then when that public water supply needed water 10 years down the line, they would have to show they are not adversely impacting that commercial water supply. And many municipalities feel that is a problem, when they know they need the water, yet they may loose it, b/c they didn?t develop the source before the commercial water user did.

Kernen says the potential conflict between a large commercial groundwater user and a public water supplier, also highlights the need for another element of the legislation- a study committee to look at establishing a hierarchy of water users. In other words, who has more access to water, a public supplier or a commercial plant. What if the commercial plant came first.

The Senate Environment committee voted to create a study commission. In response to the vote, Governor Shaheen issued a press statement encouraging the legislature to vote down the study commission plan and take her water legislation up on the Senate floor. For NHPR News, I?m DG.