New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wq - Water Quality and Quantity Programs
Chapter Env-Wq 400 - GROUNDWATER PROTECTION
Part Env-Wq 403 - LARGE GROUNDWATER WITHDRAWALS
Section Env-Wq 403.36 - Replacing an Existing Large Groundwater Withdrawal

Universal Citation: NH Admin Rules Env-Wq 403.36

Current through Register No. 13, March 27, 2025

(a) As specified in RSA 485-C:22, I, large groundwater withdrawals from new wells that replace a well or wells installed prior to August 1, 1998 shall not be subject to the requirements of RSA 485-C:14-a and RSA 485-C:21, but rather shall require approval of the department under RSA 485-C:22V, III-I.

(b) As specified in RSA 485-C:22, II, no person shall withdraw 57,600 gallons or more of groundwater from a replacement well or wells over any 24-hour period without the prior approval of the department.

(c) As specified in RSA 485-C:22, III, before the department issues an approval for a large groundwater withdrawal from a replacement well or wells, the person seeking the replacement well(s) shall submit an application to the department to demonstrate that withdrawal from the replacement well or wells will operate and impact water users and resources in substantially the same manner as the well or wells that are being replaced.

(d) As specified in RSA 485-C:22, IV, an application for approval of a replacement well shall contain the following information:

(1) The name and mailing address of the well owner replacing the well or wells;

(2) The address and a map identifying the location of each well being replaced and the location of each replacement well;

(3) The construction details for each well being replaced and for each new replacement well, including:
a. The depth of each well;

b. The length and diameter of well casing and screen in each well; and

c. A description of overburden and bedrock lithology for each well being replaced and each new well; and

(4) Hydrogeologic information demonstrating that the effects of the replacement well or wells on water users and water resources identified by RSA 485-C:21, V-c will be substantially the same as the well that is being replaced.

(e) The hydrogeologic information required by (d)(4), above, shall include:

(1) All available historical data on the hydraulic influence of the existing well on water users and water resources within an area estimated to correspond to the zone of influence of the withdrawal being replaced, including but not limited to water levels and flows in surface waters and water levels in aquifers;

(2) Current data showing existing conditions for water users and in water resources within an area estimated to correspond to the zone of influence of the withdrawal being replaced, including but not limited to water levels and flows in surface waters and water levels in aquifers; and

(3) Any additional data or other information that a prudent qualified professional would use, if available, in determining the effects of the existing and replacement wells on water users and water resources.

(f) The application for approval also shall contain the following information:

(1) An explanation of why the withdrawal is being replaced and a description of its production history and use;

(2) A USGS topographic map at a scale of 1:24,000 showing the location of each proposed replacement well and each well being replaced, which may be used in lieu of the map required by (d)(2), above;

(3) A site plan at a scale of 1 inch equals 500 feet showing the location of:
a. Each replacement well;

b. Each well being replaced; and

c. All other observation points used in support of the demonstration of replacement well effects required by RSA 485-C:22;

(4) An explanation of how the hydrogeologic information submitted pursuant to (d)(4), above, shows that the effects of the withdrawal from the replacement well(s) on water users and resources will be substantially the same as the effects of the withdrawal from the existing well(s); and

(5) A plan to decommission or maintain each well being replaced in accordance with We 600.

(g) For any replacement well used as a water supply source for a community water system, the applicant shall meet all of the requirements of Env-Dw 302.35 in addition to (b), above.

(h) The department shall approve the replacement well provided the information submitted by the applicant demonstrates that the withdrawal from the replacement well or wells will operate and impact water users and resources in substantially the same manner as the well or wells that are being replaced.

(i) The replacement well shall be approved for the permitted withdrawal volume or established capacity of the well being replaced.

(j) The department shall include such conditions in the replacement well approval as are necessary to ensure compliance with applicable requirements of RSA 485-C and these rules.

(k) For purposes of this section, the replacement well or wells shall be deemed to operate and impact water users and resources in substantially the same manner as the well or wells that are being replaced if any differences in the hydraulic influence of the replacement well(s) and the existing well(s) are de minimis or improvements.

(See Revision Note at part heading for Env-Wq 403) #9569, eff 10-17-09

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