Shaping Groundwater Permits

March 29, 2010

Determining who’s in charge of permitting large groundwater withdrawals in New Hampshire may get a lot clearer with Senate Bill 411, sponsored by Sen. Jacalyn Cilley (D-Barrington). Simply put, the state’s Department of Environmental Services would be the only entity allowed to issue permits. The House Resources, Recreation and Development Committee takes up the bill with a public hearing on April 6.

Supporters hope the bill will end any confusion about state vs. local authority over the permitting and siting of large groundwater withdrawals. Senate Bill 411 maintains current law—that DES is the sole permitting entity—while also stressing that applicants still must comply with local zoning and site plan regulations.

In other words, says Rep. Judith Spang (D-Durham), chair of a special groundwater study commission, “The fact that they may have a permit does not guarantee them the ability to do the withdrawal if it doesn’t meet local ordinances.”

This tug-of-war has mired the permit process for several years, since the USA Springs bottled water controversy erupted in Nottingham. That project is on hold while the Pelham-based company’s 2008 bankruptcy filing is sorted out. USA Springs sought to pump close to 310,000 gallons of water per day from three wells, tapping a groundwater reserve beneath the towns of Nottingham and Barrington. The water would be bottled on-site and sold in Italy.

“Clearly, the issue is ripe here in the Southeast (of New Hampshire) because of the USA Springs debacle,” says Bill McCann of Dover. He was appointed by Gov. John Lynch to the groundwater commission, and he also sits on the board of Save Our Groundwater, a group that’s been fighting USA Springs for nearly a decade.

Many USA Springs opponents thought the DES “rode roughshod over locals,” McCann says. But he wondered, “Is it like this all over the state?” The commission held several public hearings to find out and repeatedly concluded the laws were not clear whether the state or municipalities had final say over large groundwater withdrawals.

state-town cooperation

Bills similar to SB 411 have passed the House before but failed in the Senate, McCann says. This time, they introduced the measure in the Senate and rallied support. He says all who testified at the Senate hearing were in favor.

“The bill has been criticized by some locals who thought we should take power away from DES,” McCann says. But he believes the state and towns must work together to protect the public interest. Besides, he reasons, the DES has better access to science.

And more science is next on McCann’s to-do list. Most towns can’t afford to contract their own scientific studies, he says, “and a lot of people aren’t happy with the way DES handles wetlands.”

One solution he’d like is to give municipalities more tools to conduct their own studies. McCann proposes towns be allowed to charge applicants for the cost of studying the impact of their proposed projects. It would empower towns to focus on concerns of particular interest to the site plan review, for example—an area not necessarily considered by DES. A bill to that effect was tabled last year.

Sarah Pillsbury, an administrator with DES, respectfully disagrees with the assessment that her agency doesn’t consider enough factors when deciding on permits. She maintains that localities have ample opportunity to express any concerns during the decision-making process, and still more chances to appeal any permits that are issued.

more on tap

The Commission to Study Issues Relative to Groundwater Withdrawals was formed in 2003 and, after two extensions, expires this November. Spang has found the commission productive and sees a lot more work that could happen, but she is reluctant to ask more time of its members or demand more resources from DES.

Nonetheless she is downright giddy about some forthcoming ideas—especially a model that would encourage towns to make land use decisions based on scientific assessments of current and future water supplies. Spang says it’s not clear whether or not towns currently have the right to set up such standards.

One development that could come from the model is a municipal permitting process for small groundwater withdrawals. It would not likely be applied to single residential wells, for example, but it could affect individual wells that serve several households.

other news

Much to Gov. Lynch’s dismay, the Senate approved a bill on March 24 to expand legal gambling in six locations around the state. With a vote of 14-10, Senate Bill 489 has moved on to the House, where it will receive a public hearing March 30. The House has killed Senate-approved gaming bills in the past, but many wonder if the current recession and ongoing budget shortfalls may nudge some representatives into support for gambling.

It may not matter. Gov. Lynch has indicated he would probably veto such legislation.

Lynch is still waiting for his Gaming Study Commission to finish the work it started last September. That group will hold two public hearings in Conway and Manchester on April 6 from 6 to 8 p.m. More information is available online at www.nh.gov/gsc or by phone at 603-271-3556 ext. 314.

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Filed under: Environment & Resources, Food & Drink, Property, groundwater, water

Tags: 2010, Bill McCann, DES, groundwater, Jacalyn Cilley, Judith Spang, legislation, New Hampshire, NH, Sarah Pillsbury, SB 411, state house, USA Springs