New Hampshire Revised Statutes 485-C:23 – Temporary Exemptions for Large Groundwater Withdrawals Required for Emergency Purposes
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I. The department may approve a new large groundwater withdrawal without compliance with N.H. Rev. Stat. § 485-C:14, N.H. Rev. Stat. § 485-C:21, or N.H. Rev. Stat. § 485-C:22 to protect human health and the environment in the event that circumstances beyond the control of the person requesting the withdrawal occurs, such as fire, flood, drought, other acts of God, or infrastructure failure.
II. A large groundwater withdrawal approved for emergency purposes under paragraph I shall only be allowed to operate for 2 years unless it is approved by the department in accordance with N.H. Rev. Stat. § 485-C:21.
III. No withdrawal that the department approves in accordance with paragraph I shall result in an unmitigated impact as described in N.H. Rev. Stat. § 485-C:21, V-c. The department shall require that monitoring and mitigation plans be implemented when necessary to identify and mitigate the occurrence of such impacts.
IV. Any party may appeal from the decision of the department to approve a withdrawal in accordance with paragraph I to the superior court of the county in which the large groundwater withdrawal is to be made to determine the validity and the reasonableness of the department’s action. The appeal shall be filed within 60 days after the approval of the department.
II. A large groundwater withdrawal approved for emergency purposes under paragraph I shall only be allowed to operate for 2 years unless it is approved by the department in accordance with N.H. Rev. Stat. § 485-C:21.
Terms Used In New Hampshire Revised Statutes 485-C:23
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
III. No withdrawal that the department approves in accordance with paragraph I shall result in an unmitigated impact as described in N.H. Rev. Stat. § 485-C:21, V-c. The department shall require that monitoring and mitigation plans be implemented when necessary to identify and mitigate the occurrence of such impacts.
IV. Any party may appeal from the decision of the department to approve a withdrawal in accordance with paragraph I to the superior court of the county in which the large groundwater withdrawal is to be made to determine the validity and the reasonableness of the department’s action. The appeal shall be filed within 60 days after the approval of the department.