Instream Flow Program Rules
Env-Wq 1900 Rules for the Protection of Instream Flow on Designated Rivers
Following the completion of the Instream Flow Pilot Program on the Souhegan and Lamprey Designated Rivers, NHDES revised the rules to apply instream flow protections to the other Designated Rivers of the State, as required by RSA 483. For information about the Instream Flow Program please visit the ISF Webpage.
The Joint Legislative Committee on Administrative Rules (JLCAR) approved the Rules for the Protection of Instream Flow on Designated Rivers – Env_Wq-1900 on December 20, 2018. The adopted rules became effective on December 22, 2018.
The Final Proposal for Env-Wq 1900 Instream Flow Rules was filed with the Office of Legislative Services on December 6, 2018. The rules will be on the agenda for the December 20, 2018 meeting of JLCAR.
Previously, on Thursday, October 25, 2018, the Initial Proposal – Fixed Text and Rulemaking Notice were published in the Rulemaking Register. NHDES held a public hearing on November 15, 2018 to accept public comment on the proposed Instream Flow Program Rules Env-Wq 1900 to be amended. The Initial Proposal was available for public comment from October 25, 2018 until November 26, 2018 at 4:00 pm. The primary changes are: (1) application of the existing requirements to all designated rivers; (2) incorporation of the 2016 changes to RSA 483; (3) a description of the public process for prioritizing and selecting rivers for instream flow implementation; (4) deletion of the existing water conservation requirements and, instead, incorporation by reference of the water conservation plan requirements in Env-Wq 2101; and (5) identification of additional categories of stakeholders for notification and participation in the process. The proposed rules are streamlined and significantly reorganized for clarity.
Past Rulemaking Public Meeting Announcements and Documents:
- Instream Flow Program Rulemaking Public Information Meeting Notice – June 21, 2016
- May 2016 DRAFT – Annotated Rule Outline
- Instream Flow Program Rulemaking Public Information Meeting Notice – August 2, 2016
- Instream Flow Draft Rules Sect I-III – For discussion purposes during the Public Information Meeting on August 2, 2016
- Meeting 2 Presentation
- Instream Flow Program Rulemaking Public Information Meeting #3 Notice – Oct. 19, 2016
- Instream Flow Draft Rules Sect IV-V – For discussion purposes during the Public Information Meeting #3 on October 19, 2016
- Instream Flow Draft Rules Sect I-III Version 2 – Updated version of the draft rules for sections I-III based on comments received during Public Meeting #2.
- Audio recording of Public Meeting #3 held on Oct. 19, 2016 is available by request from Wayne Ives at Wayne.Ives@des.nh.gov or 271-3548.
- Instream Flow Program Rulemaking Public Information Meeting Notice – September 19, 2017
- REVISED Instream Flow Rules Sect VI-VII – For discussion purposes during Public Information Meeting #4 on September 19, 2017
- Instream Flow Program Rulemaking Public Meeting Notice – January 10, 2018
- Instream Flow Program Rules Discussion Paper – January 10, 2018
- Instream Flow Rules Meeting Presentation – January 10, 2018
ISF Rulemaking Resources:
Instream Flow Pilot Program Report (December 2015) – Results and recommendations of the ISF Pilot Program
Instream Flow Pilot Program Report (December 2015) – APPENDICES
RSA 483 – Rivers Management and Protection Program statute (includes Instream Flow Program)
2011 Instream Flow Pilot Rules – Existing rules governing the ISF pilot program