podow aomunuop REGULAR CALENDAR

April 17, 2018

HOUSE OF REPRESENTATIVES

REPORT OF COMMITTEE

The Majority of the Committee on Resources, Recreation and Development to which was referred SB 445,

AN ACT designating the Warner River as a protected river. Having considered the same, report the same with the recommendation that the bill OUGHT TO PASS.

p. John Mullen

FOR THE MAJORITY OF THE COMMITTEE

Original: House Clerk Cc: Committee Bill File MAJORITY COMMITTEE REPORT

Committee: Resources, Recreation and Development Bill Nuilabe SB 445 Title: designating the Warner River as a protected river. Date: April 17~ 2018 Consent Calendar: REGULAR Recommendation: OUGHT TO PASS

STATEMENT OF INTENT

The bill designates the Warner River into the New Hampshire Rivers Management Protection Program. The river is a 20 mile shared resource for the Towns of Warner, Sutton, Bradford, Webster, and Hopkinton. It is one of the state's highest ranked wildlife habitats. It also provides a wide variety of recreational opportunities including boating, swimming, and fishing. It was felt by many in the region that it was necessary to protect this river to maintain its natural resources as well as protecting the rights of those living along side its waters. Thus, a local committee was formed to begin the process of applying for protected status. The local committee's cooperation with the Department of Environmental Services, the Department of Fish and Game, accompanying towns, local conservation commissions, Trout Unlimited, NH Rivers Management Advisory Committee, and many local volunteers enabled the nomination process to move forward. This committee heard numerous testimonies of strong evidence of support for the bill, with only one recorded in opposition. Based on this overwhelming support of the local towns, state agencies, and others, the committee felt the bill was worthy of support.

Vote 14-4.

Rep. John Mullen FOR THE MAJORITY

Original: House Clerk Cc: Committee Bill File REGULAR CALENDAR

Resources, Recreation and Development SB 445, designating the Warner River as a protected river. MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE. Rep. John Mullen for the Majority of Resources, Recreation and Development. The bill designates the Warner River into the New Hampshire Rivers Management Protection Program. The river is a 20 mile shared resource for the Towns of Warner, Sutton, Bradford, Webster, and Hopkinton. It is one of the state's highest ranked wildlife habitats. It also provides a wide variety of recreational opportunities including boating, swimming, and fishing. It was felt by many in the region that it was necessary to protect this river to maintain its natural resources as well as protecting the rights of those living along side its waters. Thus, a local committee was formed to begin the process of applying for protected status. The local committee's cooperation with the Department of Environmental Services, the Department of Fish and Game, accompanying towns, local conservation commissions, Trout Unlimited, NH Rivers Management Advisory Committee, and many local volunteers enabled the nomination process to move forward. This committee heard numerous testimonies of strong evidence of support for the bill, with only one recorded in opposition. Based on this overwhelming support of the local towns, state agencies, and others, the committee felt the bill was worthy of support. Vote 14-4.

Original: House Clerk Cc: Committee Bill File REGULAR CALENDAR

April 17, 2018

The Minority of the Committee on Resources, Recreation

and Development to which was referred SB 445,

AN ACT designating the Warner River as a protected

river. Having considered the same, and being unable to

agree with the Majority, report with the following

resolution: RESOLVED, that it is INEXPEDIENT TO

LEGISLATE.

FOR THE MINORITY OF THE COMMITTEE

Original: House Clerk Cc: Committee Bill File MINORITY COMMITTEE REPORT

Committee: Resources, Recreation and Development Bill Number: Title: designating the Warner River as a protected river. Date. 1:1AtithiFi17A,2018I, Consent Calendar: REGULAR Recommendation: INEXPEDIENT TO LEGISLATE

STATEMENT OF INTENT

The minority of the committee opposes the bill, an act designating the Warner River as a protected stream, because we believe the procedure to get the river so designated is fundamentally flawed and runs contrary to the democratic process. The process requires public hearings, local board comments, a nomination by the Commissioner of the Department of Environmental Services, and approval by the legislature. The flaw in the process is that nowhere is it required that there be a vote of the citizens of the towns through which the designated portions of the river flows. Designating a river as "protected" is akin to a zoning process. It affects land use. It creates a Local River Management Advisory Committee, another layer of bureaucracy. We all know that in meetings and hearings it is the activist that speaks the loudest and usually wins. Only in the privacy of the voting booth will the true will of the people reveal itself.

Rep. Andrew Renzullo FOR THE MINORITY

Original: House Clerk Cc: Committee Bill File REGULAR CALENDAR

Resources, Recreation and Development SB 445, designating the Warner River as a protected river. INEXPEDIENT TO LEGISLATE. Rep. Andrew Renzullo for the Minority of Resources, Recreation and Development. The minority of the Resources, Recreation and Development committee opposes SB445, the act designating the Warner River as a protected stream, because we believe the procedure to get the river so designated is fundamentally flawed and runs contrary to the democratic process. The process requires public hearings, local board comments, nomination by the commissioner of DES and approval by the legislature. The flaw in the process is that nowhere is it required that there be a vote of the citizens of the towns thru which the designated portions of the river flows! Designating a river as "protected" is akin to a zoning process. It affects land use. It creates a local river management advisory committee, another layer of bureaucracy. We all know that in meetings and hearings it is the activist that speaks the loudest and usually wins. Only in the privacy of the voting booth will the true will of the people reveal itself.

Original: House Clerk Cc: Committee Bill File Voting Sheets HOUSE COMMITTEE ON RESOURCES, RECREATION AND DEVELOPMENT

EXECUTIVE SESSION on SB 445

BILL TITLE: designating the Warner River as a protected river.

DATE: April 17, 2018

LOB ROOM: 305

MOTIONS: OUGHT TO PASS

Moved by Rep. Mullen Seconded by Rep. Suzanne Smith Vote: 14-4

CONSENT CALENDAR: NO

Statement of Intent: Refer to Committee Report

Respectfully submitted, 2

Rep Linda Gould, Clerk

HOUSE COMMITTEE ON RESOURCES, RECREATION AND DEVELOPMENT

EXECUTIVE SESSION on SB 445

BILL TITLE: designating the Warner River as a protected river. DATE: y/ 1?-190/s/

LOB ROOM: 305

MOTION: (Please check one box) kOTP CI ITL CI Retain (let year) CI Adoption of Amendment # El Interim Study (2nd year) (if offered)

Moved by Rep. rY'rwAiL Seconded by Rep. ,clnit.,a Vote:

MOTION: (Please check one box)

111 OTP ❑ OTP/A ❑ ITL ❑ Retain (let year) D Adoption of Amendment # ❑ Interim Study (2nd year) (if offered)

Moved by Rep. Seconded by Rep. Vote:

MOTION: (Please check one box)

111 OTP ❑ OTP/A El ITL 111 Retain (let year) ❑ Adoption of Amendment # El Interim Study (2nd year) (if offered)

Moved by Rep. Seconded by Rep. Vote:

MOTION: (Please check one box)

❑ OTP ❑ OTP/A ❑ ITL El Retain (let year) ID Adoption of Amendment # El Interim Study (2nd year) (if offered)

Moved by Rep. Seconded by Rep. Vote:

CONSENT CALENDAR: YES X NO

Minority Report? Yes No If yes, author, Rep: Rein7 o Motion

Respectfully submitted: Rep Linda Gould, Clerk

STATE OF NEW HAMPSHIRE 1/5/2018 10:31:42 AM OFFICE OF THE HOUSE CLERK Roll Call Committee Registers Report 2018 SESSION

RR&D ,------

Bill #: 1 _5 Title: d-e-42-erwle-n, 11c4"44-4- Lug, '44- c--- ra---1 /e we( Date: ti / 3 / c904/ Exec Session Date: / /7 / 62 Motion: 0 1--- e Amendment #:

MEMBER YEAS NAYS

Christensen, Chris Chariman --- Mullen, John A. Vice Chairman 1.--- Renzullo, Andrew .1.— Gould, Linda Clerk t.-- McConnell, James W. Christie, RickRick l--- L---- Schkitit, Eric I. nert 4 49.4.z,o Ze I4, Al Z i 4,..47-2-1 1--- Horgan, James F /) , Johnson, Tiffany L--- itri i L---- Smith, Suzanne J. L:--- apenerludt-19-T. i/re ;(,..e...32 L.- Parkhurst, Henry A. L. A Thomas, Yvonne D. i;.---_ Gottling, Suzanne H. c---- Maes, Kevin G. L------1.-:---- Grassie, Chuck ice_ Farnham, Betsey M. Lisle, David 1.------/--/ TOTAL VOTE: ) 11

Page: 1 of 1 Hearing Minutes HOUSE COMMITTEE ON RESOURCES, RECREATION AND DEVELOPMENT

PUBLIC HEARING ON SB 445

BILL TITLE: designating the Warner River as a protected river.

DATE: April 3, 2018

LOB ROOM: 305 Time Public Hearing Called to Order: 1:00

Time Adjourned: 2:30

Committee Members: Reps. Christensen, Mullen, Gould, Renzullo, McConnell, Christie, Vose, Suzanne Smith, Parkhurst, Y. Thomas, Gottling, Farnham and Lisle

Bill Sponsors: Sen. Feltes Sen. Ward Sen. Bradley Sen. Fuller Clark Rep. Carson Rep. Mullen Rep. Suzanne Smith Rep. Myler Rep. Luneau

TESTIMONY

1)Sen Feltes, Sponsor, All towns were involved with nominating, local stake holders have input with the program.

2) Rep Carson, Merrimack #7, Supports, Longest river stretch in Warner. Regional approach makes sense. Selectmen support. All abutters have been heard and received notification concern about damns and sites for them were incorporated in plan. Impact not greater than DES already can do.

3)Rep Wells, Merrimack 25, Opposes, Some people not satisfied from Warner.

*4) Jim O'Brien, Nature Conservancy/Town of Hopkington, Supports, Important to maintain water quality.

5) Ray Martin, Warner Village Water District, Supports, 180 + 30 people get their water from the aquifer, not river, which is under river so concerns about its quality. • 6)Nancy Martin, Warner Conservation Commission & Nominating Committee, Supports, All started with survey of brook trout 4 years ago. She says dam concerns have been accomodated. Volunteers already test water. If this passes, the public awareness & getting grants.

*7)Chris Schadler, Webster Conservation Commission, Supports, Agrees with Webster being rural designation.

*8)Christina Connors, Trout Unlimited, Basil W. Wood Chapter, Concord, NH

*9) Tom Ives, Trout Unlimited, Warner has not been damaged from industry.

10) Sam Durfee, CNHRPC, Supports, Funding-No funding from special interest groups all done by volunteers 13 of 14 dams can be rebuilt. Towns can withdraw in future if they want to but same process

*11) .Michele Trombley, State Rivers Management Advisory Committee, Volunteers are well qualified. Landowners have been accommodated and notified.

*12)Tracey Sales, NH DES, Supports, Volunteer's work can be seen in report.

Respectfully Submitted,

Rep Linda Gould, Clerk HOUSE COMMITTEE ON RESOURCES, RECREATION AND DEVELOPMENT

PUBLIC HEARING ON SB 445

BILL TITLE: designating the Warner River as a protected river.

DATE: April 3, 2018

LOB ROOM: 305 Time Public Hearing Called to Order: 1:00

Time Adjourned: 2:30

Committee Members: Reps. Christensen, Mullen, Gould, Renzullo, McConnell, Christie, Vose, Suzanne Smith, Parkhurst, Y. Thomas, Gottling, Farnham and Lisle

Bill Sponsors: Sen. Feltes Sen. Ward Sen. Bradley Sen. Fuller Clark Rep. Carson Rep. Mullen Rep. Suzanne Smith Rep. Myler Rep. Luneau

TESTIMONY

1) Sen Feltes, Sponsor, All towns were involved with nominating, local stake holders have input with the program.

2) Rep Carson, Merrimack #7, Supports, Longest river stretch in Warner. Regional approach makes sense. Selectmen support. All abutters have been heard and received notification concern about damns and sites for them were incorporated in plan. Impact not greater than DES already can do.

3)Rep Wells, Merrimack 25, Opposes, Some people not satisfied from Warner.

*4) Jim O'Brien, Nature Conservancy/Town of Hopkington, Supports, Important to maintain water quality.

5) Ray Martin, Warner Village Water District, Supports, 180 + 30 people their water from the aquifer, not river, which is under river so concerns about its quality.

6)Nancy Martin, Warner Conservation Commission & Nominating Cpmmittee, Supports, All started with survey of brook trout 4 years ago. She says dam concerns have bee anemic ated olunteers already test water. If this passes, the public awareness & getting grants. cO, *7)Chris Schadler, Webster Conservation Commission, Supports, Agrees with Webster being rural designation.

*8)Christina Connors, Trout Unlimited, Basil W. Wood Chapter, Concord, NH

*9) Tom Ives, Trout Unlimited, Warner has not been damaged from industry.

10) Sam Durfee, CNHRPC, Supports, Funding-No funding froth special interest groups all done by volunteers 13 of 14 dams can be rebuilt. Towns can withdraw in future if they want to but same process

*11) .Michele Trombley, State Rivers Management Advisory Committee, Volunteers are well qualified. Landowners have been accommodated and notified.

*12)Tracey Sales, NH DES, Supports, Volunteer work can be seen in report.

Respectfully Submitted,

Rep Linda Gould, Clerk HOUSE COMMITTEECOMMITTEE ON RESOURCES, RECREATION AND DEVELOPMENT

PUBLIC HEARING ON SB 445

BILL TITLE: designating the Warner River as a protected river.

DATE:

ROOM: 305 Time Public Hearing Called to Order: 11)

Time Adjourned: 9 6

(please circle if present)

Committee Members:. s. Christen enzul6TVICCo i ell ien, Zaric ose, . Johnson, Ri , Spang, arkhurst, . T comas; Gottlin Maes, Grassie, arnham n. Lisle

Bill Sponsors: Sen. Feltes Sen. Ward Sen. Bradley Sen. Fuller Clark Rep. Carson Rep. Mullen Rep. Suzanne Smith Rep. Myler Rep. Luneau

TESTIMONY

* Use asterisk if written testimony and/or amendments are submitted.

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New Hampshire Rivers Management and Protection Program Biennial Report: Fiscal Years 2016-2017

The purpose of the Rivers Management and DESIGNATED RIVERS of NEW HAMPSHIRE Protection Program (RMPP), established in 1988 NH Rivers Management & Protection Program

Designated Rivers and defined in RSA 483, is to protect certain New 1, Arnrnonoosuc River 8110107 6 9113109 2. Ashuclot River 6/07/93 3. Cocheco River 7/21/09 Hampshire rivers, called designated rivers, for their 4. Cold River 7/20/99 5. Connecticut River 7/14/92 6. Contoocook and North Branch Rivers 6/28:91 outstanding natural and cultural resources. The 7 Exeter and Squamscott Rivers 8/11/95 Z. 5131/11 8. Isinglass River 6/30/02 9. Lamprey River 6726/90 0 6/7/11 program is administered by the New Hampshire A. Lamprey River B. North Branch River C. Pawtuckaway River Department of Environmental Services (NHDES) and D. North River E. Little River F. Piscassic River uses a two-tier approach to manage and protect 10. Mascoma River 5;9/11 It. Merrimack River (Lower) 6/26/90 12. Merrimack River (Upper) 6/26/40 rivers at the state and local levels through the 13. Oyster River 6/2/11 14. Pernigewasset River 6/28/91 advisement of the state Rivers Management 15. Piscataquog River 7/1613 16. Saco River 6/26/50 17. Souhegan River 5/28100 r ' Advisory Committee (RMAC) and the Local River 18. Swift River 6/26/90 0 , Ile MI Management Advisory Committees (LACs). 18 Legend

Designated Rivers Class 10 As of June 30, 2017, there were 18 rivers or river — Nato.a. Rot td 12 segments designated under RSA 483 totaling 990 Ra.-Communly Corny un.ty river miles and representing 126 towns, places, and WaNKtooOes State Parks. These 18 rivers had over 200 volunteers County Boson., Town Soso., Part.1...^9 in 21 LACs overseeing their management (the Oes,Xect FtAer, Coorrn^Ges Connecticut River has multiple LACs due to its length). One full time and one part-time staff C. .1.1 administer the Rivers Program, with an additional full-time staff administering the Instream Flow Program.

The RMPP is primarily a volunteer-based program, and most of its achievements are the result of the work of the volunteer members of the RMAC and the LACs. The Governor and Council appointed RMAC is composed of seventeen members representing various business, conservation, public service, and state agency interests. LAC members are nominated by their local communities and appointed by the NHDES Commissioner, and represent interests including local government, business, conservation, recreation, agriculture, and riparian landowners. The time spent by RMAC a • - AC voittatLe- rs on river protection efforts during Fiscal Years 2016-2017 totals approximat ly 37,262 hours, a d is valued at $927,830.1

RMPP Accomplishments

Warner River Nominated to the RMPP: The nomination of the Warner River, flowing through the towns of Bradford, Warner, Sutton, Webster, and Hopkinton, was submitted on June 1,

1 Calculated using the 2016 New Hampshire volunteer rate of $24.90 per hour. https://www.independentsector.oraresourceithe-value-of-volunteer-time/.

Page 1 Rivers Management and Protection Program Biennial Report: FY 2016-2017

2017 and will be considered during the 2018 legislative session. A second group proposed the nomination of the Androscoggin River, but ultimately, the Androscoggin River Committee decided not to move forward with the nomination submission.

Instream Flow Program Expanded to All Designated Rivers: In December 2015, the legislature recommended the expansion of the Instream Flow Pilot Program, initially applied to the Lamprey and Souhegan rivers, to all designated rivers. The Pilot Program successfully demonstrated that minimum flows can be defined, and management actions applied, which will ensure that rivers continue to flow and the needs of both humans and wildlife can be met. In order to expand the program, an effort was begun to revise the Instream Flow Program rules, Env-Wq 1900, using a series of public meetings to solicit public input. Formal rulemaking is expected to occur in 2018.

RMAC Supports Legislation for Clean Water and Healthy Rivers: The RMAC submitted 21 testimony letters on water quality and river-related bills during the 2016 and 2017 legislative sessions. The RMAC and Rivers staff not only supported legislation, but provided testimony and met numerous times in work sessions with key legislators and concerned parties to craft mutually agreeable bill language for the Instream Flow Program and the Rivers Management and Protection Program.

RMAC Agrees to Advise on Shoreland Program: The RMAC and its lake counterpart, the Lakes Management Advisory Committee (LMAC), agreed to jointly act as a stakeholder advisory body to continue the work of the sunsetted Shoreland Advisory Committee. The LMAC and RMAC provide diverse representation of stakeholders who are ideally poised to provide the necessary perspective of lakes and rivers for the continued refinement of the Shoreland Water Quality Protection Act.

RSA 483 Updated: The 2016 legislative session enacted a four-year RMAC effort to update RSA 483, ensuring that river protection and instream flow laws remain relevant and free from unnecessary administrative burdens. The RMAC solicited input from the LACs on proposed changes during six regional LAC meetings. Resulting statute changes included the application of the Instream Flow Program to all designated rivers, simplifications to the membership requirements for RMAC and LAC members, definition changes reflecting scientific progress, and the elimination of long range management plans as separate documents from the river corridor management plans developed by LACs. A further change was made in RSA 483-B, the Shoreland Water Quality Protection Act, to limit Shoreland jurisdiction to the first 50 feet from the river for newly designated first through third order streams.

RMPP Nomination Rules Simplified: The RMAC successfully recommended revisions to the rules for river nominations, Env-Wq 1800, to clarify the process and align the rules with recent changes to RSA 483. The point-based nomination evaluation system was eliminated, shortening the rules by six pages, and greater emphasis placed instead on ensuring public and community support for river nominations.

Page 2 Rivers Management and Protection Program Biennial Report: FY 2016-2017

Local River Management Advisory Committee Activities

LACs are the voice of the river in the communities through which the river flows, provide a forum for discussion river management, and are valuable conduits for educating community members about river protection. LAC members sample water, assess stream habitat, review permit applications, and host events to promote stewardship of their rivers.

Permit Applications Reviewed to Protect Rivers: LACs reviewed 377 actions requiring a federal, state or local permit, submitting comments to permit reviewers in support of clean water and healthy riparian habitat. To help ensure that LACs receive permit applications for activities which may impact designated rivers, NHDES staff developed the Designated River Corridor Web Map, an interactive map that identifies which projects are located in a designated river corridor. The map tool then provides the contact information permit applicants need to ensure that LACs receive a copy of the application.

Signs Educate the Public about Rivers' Protected Status: Three LACs purchased and installed six sets of Protected River signs on the Lower Merrimack, Souhegan, and Oyster rivers. These signs signify the river's importance to the state's natural and cultural heritage, and bring visibility, awareness, and interest in the river's location and protected status to travelers through the area.

Workshops Offer the "How To" of River Protection: Committees across the state hosted a variety of workshops geared toward increasing public knowledge on topics such as septic system maintenance, residential stormwater control tools, invasive aquatic plant species, stream bank restoration, and more.

Recreational Opportunities Promote River Appreciation: LACs sponsor or support recreational activities on or around their rivers. Some LACs promoted events on the water such as paddling trips and boat parades, while other groups worked adjacent to their rivers installing signs and interpretive trails or supporting public events such as "Hike It, Bike It, Like It," a summer recreational series offering guided tours of three of the Lamprey River's key historical and natural areas, and the Splash and Dash- 5K Fun Run.

Middle School Students Help Restore Warren Brook: The Cold River LAC has been instrumental in the Warren Brook Restoration Project to repair river bank damage to one of the river's primary tributaries caused by a major flood. The project entailed restoring the serpentine shape of the brook and its wildlife habitat, with restoration of 900 feet of the brook completed. The LAC recruited 120 middle school students from five towns who planted 1,100 plants along the stream bank to prevent erosion.

Page 3 Rivers Management and Protection Program Biennial Report: FY 2016-2017

LAC Adds Valuable Input on Creosote Remediation Project: The Lower Merrimack River LAC ensured that the best environmental protection practices were employed for a creosote remediation project adjacent to the river, and that mitigation funding from the land owner was applied locally to Nashua's Merrimack River waterfront. The LAC also continues to lobby with municipalities, with land owners, and in their permit application comments for public river access, river trails, and right of ways along the lower Merrimack River.

Local Children Learn about the Lamprey River: Lamprey Rivers Advisory Committee members visited elementary schools to educate children about the river and its environment. The committee was also awarded a National Park Service grant to illustrate a children's book on Lamprey River history and nature called Chick and Dee-Dee's Lamprey River Adventure.

Upper Merrimack River LAC Assesses Water Quality and Habitat: The Upper Merrimack River LAC monitored seventeen sites through habitat assessments, E. coil testing, field water chemistry, and biomonitoring. Since 1995, the LAC has hosted Bug Nights, a popular education event which is part of the Upper Merrimack Monitoring Program. On Wednesday nights from January through May, participants assess river health by sorting and identifying benthic macroinvertebrates collected in rock baskets deployed in the river over the summer.

Ammonoosuc River Stream Crossing Assessment Project: The Ammonoosuc River LAC partnered with the Ammonoosuc Conservation Trust (ACT) to improve and restore connectivity in the watershed to allow the wild brook trout access to spawning areas previously blocked by culverts. The LAC also participated in ACT's Clean Water Healthy Trout initiative to protect trout habitat and target sections of river for restoration.

WANTED! LACs Clean Up Rivers: Many LACs organize river cleanups to protect `Laitte'l.POSSE" TO HELP CLEAN LIP water quality and habitat as well as to bring LAC members and local THE ItIASEOPILVDIRTY 'INCH OAN community members together on the river. For example, the , ell Ashuelot River LAC hosted river cleanups in the fall of 2015 and 2016 Nit in conjunction with the Connecticut River Conservancy's Source to SATO:3D Sea Cleanup, and was awarded the Source to Sea Makes a Difference Leitihron, III a m Award for longstanding service. .71114 E1N, REALTIT ITC:11'

LACs Voice Concerns on Federal Energy Projects: Worried about the •••••••opill ...z potential impact of the project on their river, the Pemigewasset River LUNCH FOR THE POSSE it the P.tv.then blitsxid CC -et.* LAC became an intervenor in the Northern Pass project, ensuring that Jfir (4) Ilpenmeml Pp disturbance around rivers along the powerlines would be minimized. • ito 4.6w, Cla• bon., j•-• con •l •••1.•••1••••1 •11 The Connecticut River Headwaters, Upper Merrimack, Ammonoosuc, and Lamprey river LACs also monitored and participated in the Northern Pass project. Other federal energy projects that LACs reviewed and commented on were the Seacoast Reliability Project over the Oyster River, the Kinder Morgan Pipeline Project across the Souhegan and lower Merrimack rivers, and numerous hydroelectric dam licensing efforts on the Connecticut, Pemigewasset (impacting the upper Merrimack), Ashuelot, and Mascoma rivers.

Page 4 New Hampshire Rivers Management and Protection Program Fiscal Years 2016-2017 — By the Numbers

Designated Rivers: Ammonoosuc, Ashuelot, Cocheco, Cold, Connecticut, Contoocook & North Branch, Exeter & Squamscott, Isinglass, Lamprey, Lower Merrimack, Mascoma, Oyster, Pemigewasset, Piscataquog, Saco, Souhegan, Swift, Upper Merrimack Rivers

Miles of New Hampshire rivers protected

Volunteer LAC members actively protecting New Hampshire's rivers

New LAC members joined 11 different LACs, introducing more New Hampshire residents to the Rivers Program

Rivers monitored for water quality

Hours served by RMPP volunteers to educate, protect, monitor, and restore New Hampshire's rivers

Value of work contributed by RMPP volunteers to protect New Hampshire's rivers

For More Information For further information about the New Hampshire Rivers Management and Protection Program, visit the NHDES website at http://des.nh.gov/organization/divisions/water/wmb/rivers/ index.htm or contact the Rivers Coordinator, 29 Hazen Drive, PO Box 95, Concord, NH 03302- 0095; (603) 271-2959; [email protected]. ENVIRONMENTAL NEW HAMPSHIRE --i.e. DEPARTMENT OF 1-Th rc:,-) Environmental t210 Services .0.0,••••••••••"0...."

29 Hazen Drive, Concord, New Hampshire 03301 • (603) 271-3503 • www.des.nh.gov

WD-R&L-28 2018

The New Hampshire Instrea FlowProgram

Why does New Hampshire need stream flow protection? The purpose of the Instream Flow Program is to ensure that rivers continue to flow in spite of the uses and stresses that people put on them. Under natural conditions, rivers flow freely with source waters coming from precipitation via lakes, ponds, wetlands, small streams and groundwater. River levels vary greatly through the seasons, and native plants and animals have adapted to low summer flows, as well as to the typical spring floods. But the rivers remain hydrologically connected to water storage areas such as wetlands so that some flow is maintained even during the hot, dry, summer months.

Under human influences, however, river dynamics can change drastically. People frequently withdraw large amounts of water for drinking and irrigation directly from rivers, as well as from the sources that supply the rivers, particularly lakes and groundwater. Land use changes can result in faster runoff and changes to the stream structure. Many rivers have dams that restrict the amount and timing of water flowing downstream. In addition, the loss of wetlands to land development reduces the amount of water that would normally augment rivers during dry periods. These changes in stream flow can impair river habitat.

What is the Instream Flow Program? The New Hampshire legislature created the Instream Flow Program in 1990, applying instream flow protections to the state's Designated Rivers. One program goal is to avoid situations like the one pictured here of the Exeter River in Exeter, New Hampshire during the drought of 2016. Two rivers, the ,—L-ar-njclrey and SoL-Ifietra-r1,_were selected as - epth pilot studies to determine how best to protect flows so that both human and wildlife needs can be met.

The Instream Flow Program develops two products. The New Hampshire Department of Environmental Services (NHDES) first calculates the flow conditions in a stream that will protect aquatic life. These flows vary Exeter River in Exeter, New Hampshire. 2016. by season because fish and other aquatic organisms require higher flows at some points of the year, such as during spawning season, but can survive lower flows at other times of the year. Second, management plans are drafted that describe how water users will operate to satisfy their water use needs while also maintaining protected flow conditions, and how dam owners will manage their dams to maintain flow downstream. NHDES adopted the Lamprey River and Souhegan River Water Management Plans in August 2013 and continues to work with affected water users and dam owners to help them comply with the plans.

What do the Instream Flow Management Plans address? 1. Conservation — Registered water users are required to take steps to prevent water losses and waste, such as leak detection, metering and pressure management. Key Concepts 2. Reducing the impacts of withdrawals — When flow in the river remains low over the course of several days or weeks, • The goal of the Instream Flow Program is water users are required to reduce water withdrawals to balance human and wildlife needs in rivers and lakes. affecting the river. For example, in Durham this means that • Protected instream flows implement the municipal water treatment plant occasionally withdraws Surface Water Quality requirements for water from other sources and stops withdrawing from the flow. Lamprey River altogether. In addition, municipal governments • The Instream Flow Program applies to may issue limits on lawn watering and other discretionary Designated Rivers and to larger water water use within the municipality. users and dams in their upstream 3. Prescribing a relief pulse of water — During extended low tributary areas. flow periods that reach critical levels, a two-day relief pulse of water may be released from one or more dams. This pulse of water mimics the amount of water that the river would see during a typical small rainstorm and reduces the stressful conditions experienced by aquatic life during low flows. For example, in the Lamprey River a two-day relief pulse of water can be released from Pawtuckaway Lake and Mendums Pond when low flow in the Lamprey River persists. This pulse will lower lake levels a small amount, but will have a large positive impact on river ecology.

What is next for the Instream Flow Program? Based on two years of implementation of the Lamprey River and Souhegan River Water Management Plans, NHDES produced the 2015 Report of the Instream Flow Pilot Program' making recommendations on how to apply instream flow protections to all of New Hampshire's Designated Rivers. These recommendations resulted in legislation in 2016 and triggered rule revisions currently in development.

The next steps include:

1. Adopt revised Instream Flow rules (Env-Wq 1900). 2. Continue implementation of water management plans for the Lamprey and Souhegan rivers. 3. Determine the next rivers for implementation of instream flow protection. Factors that will be used include the river's location upstream or downstream of other Designated Rivers, availability of stream flow data, and local interest and support for the program. 4. Define target fish communities, those fish that should be present in each river, for the Designated Rivers. 5. Begin protected instream flow studies and water management plans on priority rivers.

Is the Instream Flow Program successful? Determining the success of the program will take many years of studying the health of the fish, wildlife, and riparian plant communities on the rivers where the Instream Flow Program has been implemented. However, during the 2016 drought, water users and dam owners on the Lamprey and Souhegan rivers successfully implemented their water management plans resulting in continued flows on both of these rivers.

For More Information To learn more about the Instream Flow Protection Program, please see http://des.nh.gov/organization/divisions/ water/wmb/rivers/instream/, or contact Wayne Ives at (603) 271-3548 or [email protected].

1 https://www.des.nh.goviorganizationidivisions/water/wmb/rivers/instream/report.htm TOWN OF BRADFORD 75 West Main Street Bradford, New Hampshire 03221 Telephone: 603-938-2302/Fax: 603-938-5694

Trade Sales, Rivers Coordinator NH Department of Environmental Services 29 Hazen Drive Concord, NH 03301

Subject: Nomination of the Warner River to the State Rivers Management and Protection Program

Dear Ms. Sales,

The Bradford Board of Selectmen would like to offer its strong support to the Warner River Nomination Committee in its efforts to nominate the Warner River to the New Hampshire Rivers Management and Protection Program (RMPP).

This water body provides habitat for a variety of animal and plant species, its tributaries are home to wild brook trout and endangered plants are found along the river corridor. Significant areas of high quality habitat are found along the Warner River and identified in the New Hampshire Wildlife Action Plan.

In addition to natural habitat, the Warner River provides residents of Bradford, Warner, Sutton, Webster, and Hopkinton with recreational opportunities. The river has been a focus of community life for centuries. Locations along the river are listed on the National Register of Historic Places and include once thriving mill communities and three covered bridges.

The establishment of a Local River Management Advisory Committee would ensure preservation of the Warner River's many valuable resources. Induction of the Warner River in to the New Hampshire RMPP would also elevate public awareness of the river and would create a multi-town forum where local residents, business owners, and stakeholders can discuss and address river-related issues and work to balance the needs of all those who enjoy the multiple uses afforded by the river.

The Bradford Board of Selectmen is pleased to support the nomination of the Warner River into this important program.

Sincerely, Bradford Board of Selectmen:

Sonny Harris m Bibbo Town of Hopkinton, NH Office of the Select Board 330 Main Street, Hopkinton, NH 03229-2627 Tel: (603) 746-3170 E-mail: [email protected] Fax: (603) 746-2952 Web: hopkinton-nh.gov

n December 27, 2016

Ms. Trade Sales, Rivers Coordinator Rivers Management & Protection Program DEC n zrzu e.ct NH Department of Environmental Services 29 Hazen Drive eaY OF Concord, NH 03301 ziERVICES

PI: Warner River Nomination to the NH Rivers Management & Protection Program

Dear Ms. Sales,

The Hopkinton Select Board supports the nomination of the Warner River to the New Hampshire Rivers Management and Protection Program (RMPP). We have met with representatives from the Warner River Nomination Committee and believe this is an important project that deserves our support.

With a successful river nomination, a Local Advisory Committee (LAC) will form with representatives from Bradford, Sutton, Warner, Webster, and Hopkinton who will work together to develop a river management plan to identify goals and recommend actions to preserve the outstanding qualities of the Warner River. While Hopkinton's frontage on the Warner River is comparatively short, the river is an important tributary to the Contoocook River, a key element of Hopkinton's character. Events that impact the Warner River impact the Contoocook River and Hopkinton residents as well.

A successful nomination to the RMPP will enhance the partnership between the NH Department of Environmental Services (DES) and the Warner River LAC as the group develops and implements a river management plan to balance the various uses of the river. DES will be more likely to assist with enforcing regulations on water quality and quantity of water flow that will affect all five towns along the river. A successful nomination will result in the protection of a valuable regional asset so that future generation will benefit from the combined natural, cultural, and economic resources of our rivers.

Please give serious consideration to the application of the Warner River to the RMPP. If you have any questions regarding our letter of support, please contact our office.

Sincerely, Hopkinton Se t Board

Jim OtBriei

e B. Strickford

Robert!'. Gerseny

TOWN OF SUTTON

P.O. Box 487 Tel: (603) 927-4416 / Fax: (603)927-4631 North Sutton, NH 03260

October 24, 2016 Tracie Sales, Rivers Coordinator NH Department of Environmental Services 29 Hazen Drive Concord, NH 03301

Subject: Nomination of the Warner River to the State Rivers Management and Protection Program

Dear Ms. Sales,

The Sutton Board of Selectmen would like to offer its strong support to the Warner River Nomination Committee in its efforts to nominate the Warner River to the New Hampshire Rivers Management and Protection Program (RMPP).

This water body provides habitat for a variety of animal and plant species. Its tributaries are home to wild brook trout and endangered plants are found along the river corridor. Significant areas of high quality habitat are found along the Warner River and identified in the New Hampshire Wildlife Action Plan.

In addition to natural habitat, the Warner River provides residents of Bradford, Warner, Sutton, Webster, and Hopkinton with recreational opportunities. The river has been a focus of community life for centuries. Locations along the river are listed on the National Register of Historic Places and include once thriving mill communities and three covered bridges.

Induction of the Warner River into the New Hampshire RMPP will raise public awareness and create a Local River Management Advisory Committee, a multi-town forum where local residents, business owners and landowners can discuss and address river-related issues and work to balance the needs of all those who enjoy the multiple uses afforded by the Warner River.

The Sutton Board of Selectmen is pleased to support the nomination of the Warner River into this important program.

Sincerely,

cicalter Baker, Jr., Selec

r Robert ight, Jr., Selectm

William Curless, Selectman TOWN OF WARNER Board of Selectmen P.O. Box 265 Clyde Carson- Chair Warner, New Hampshire 03278-0265 Allan N. Brown Telephone: (603)456-2298 John Dabuliewicz Fax: (603) 456-2297 Town Administrator Jim Bingham ext. 231

January 17, 2017

Tracie Sales, Rivers Coordinator RECEIVED Rivers Management & Protection Program NH Department of Environmental Services JAN 2 3 2017 29 Hazen Drive Concord, NH 03301 DEPARTMENT OF ENVIRONMENTAL SERVICES

Subject: Warner River Nomination to the NH Rivers Management & Protection Program

Dear Ms. Sales,

The Warner Board of Selectmen support the nomination of the Warner River to the New Hampshire Rivers Management and Protection Program (RMPP). Our support is based on discussions with the Nomination Committee, feedback from the public information session, and the recommendation of the Warner Conservation Commission.

If the river nomination succeeds a Local Advisory Committee (LAC) will form bringing representatives from five communities together to develop a river management plan to identify goals and recommend actions to preserve the outstanding qualities of the Warner River. The wells that provide Warner's municipal drinking water are located close to the river so it is essential to protect the quality of the river water and the adjacent aquifer. Based on input from public information sessions in all five abutting towns, the Nomination Committee has already adjusted classifications of segments of the Warner River to accommodate the wishes of landowners with deeded water rights.

A successful nomination to the RMPP will enhance the partnership between New Hampshire Department of Environmental Services (DES) and the Warner River LAC as we develop and implement a river management plan to balance the various uses of the river. A successful nomination will result in the protection of one of our Town's most valuable assets so that future generations will benefit from its exceptional natural, cultural and economic resources.

Warner River Nomination pg. 1 Please give serious consideration to the application of the Warner River to the RMPP. If you have any questions regarding this letter of support, please contact us.

Yours truly,

WARNER BOARD OF SE FCrMEN

Cl de a-cr airman Date

aeOry,-, 72 /11-4-nivt Allan N. Brown Dat

//71/// Jo abuliewicz4111)L7\ Date

Warner River Nomination pg. 2 Town of Webster 945 Battle Si, NH 03303 I Telephone: 603.648.2272 I Fax: 603.648.6055

October 11, 2016

Select Board Trade Sales, Rivers Coordinator Members NH Department of Environmental Services Bruce G. Johnson 29 Hazen Drive Chair Concord, NH 03301 Michael P. Borek Member Nanci A. Schofield Subject: Nomination of the Warner River to the State Rivers Management and Protection Program Member

Leslie M. Palmer Dear Ms. Sales, Administrative Assistant The Webster Select Board would like to offer its strong support to the Warner River Nomination Committee in its efforts to nominate the Warner River to the New Hampshire Rivers Management and Protection Program.

This water body provides habitat for a variety of species and its tributaries are home to wild brook trout. The river corridor is home to a number of rare, threatened, and endangered plant and animal species. Significant areas of high quality habitat can also be found along the Warner River, as defined in the New Hampshire Wildlife Action Plan.

In addition to natural habitat, the Warner River provides residents of the communities of Bradford, Warner, Sutton, Webster, and Hopkinton with recreational opportunities and has been a focal point within these communities for centuries. There are a number of sites listed on the National Register of Historic Places including three covered bridges. There is still historical evidence of once thriving mill communities in the river and on its banks.

The establishment of a Local River Management Advisory Committee would be hugely beneficial to the preservation of the Warner River's many valuable resources and services. Induction of the Warner River into the New Hampshire RMPP would also elevate the awareness of the river and would create an inter-municipal forum where local residents, business owners, and stakeholders can discuss and address river-related issues and work to balance the needs of many who enjoy the countless uses of the Warner River.

The Webster Select Board is pleased to support the nomination of the Warner River into this important program.

Sincerely,

Webster Select Board Bruce G. Jo on, Chairman

Michael P. Borek

Nanci A. Schofield

The Town of Webster prohibits discrimination on the basis of race, color, national origin, sex, sexual orientation, religion, age, disability, marital or family status. Webster is an equal opportunity employer. NEW HAMPSHIRE RIVERS COUNCIL Rivers Make New Hampshire!

Board of Directors April 3, 2018 Michele L. Tremblay President Webster The Honourable Chris Christensen, Chair Donald L. Ware House Resources, Recreation, and Development Committee Treasurer Merrimack LOB 305 Concord NH 03301 Sally Soule Secretary Kittery Point RE: SB 445 Warner River Rivers Management and Protection Jacquie Colburn Program nomination Bar Harbor

Steven Lowe Dear Chair Christensen, Canterbury

Frank Tupper The New Hampshire Rivers Council Board of Directors Canterbury enthusiastically voices its support for the nomination of the Warner River into the Rivers Management and Protection Honorary Directors Stephen Blackmer Program (RMPP), under RSA 483. Camilla Lockwood Patricia Schlesinger Kelly Short The Warner River is an important, shared natural resource for the Towns of Sutton, Bradford, Warner, Webster, and Hopkinton. Collaborative management and protection is the best strategy to maintain and improve the quality of this asset, and ensure that the highest of water quality and watershed conditions are

Consultant sustained and enhanced. The Warner River Nomination Carl Paulsen Committee has conducted an exceptional and positive public Fundraising and Membership Services process over the last two years. They have brought together citizens, town leadership, natural resource experts, riparian owners, and local businesses to work together and build diverse support for the nomination, which reflects the interests and needs of the towns and the landowners.

One of the greatest strengths of nominating the Warner River into the RMPP is the creation of the Warner River Local Advisory Committee, which would bring together the river

Mission corridor towns of Sutton, Bradford, Warner, Webster, and Ecologically sound Hopkinton and other stakeholders. This Committee would give management of New Hampshire's rivers, a local voice to the Warner River towns in state permitting watersheds, and related natural resources.

54 PORTSMOUTH STREET, CONCORD, NH 03301 • 603.228.6472 • [email protected] • WWW.NHRIVERS.ORG processes. The Committee representatives' (nominated by their towns' elected leaders) local knowledge and perspectives will inform a sound river corridor plan that brings together all river users to assure that diverse interests are represented in its recommendations. The Warner River and its five communities would join eighteen other rivers and 126 cities, towns, and places comprising nearly a thousand river miles in a successful and positive program that has been in existence since 1989.

The New Hampshire Rivers Council formed as the New Hampshire Rivers Campaign, a group of concerned citizens and conservation organizations that united in 1985 to create a voice for protection of New Hampshire rivers. The Campaign helped establish the state's Rivers Management and Protection Program in 1989. The Campaign helped shepherd river nominations into the new state protection program and helped establish river corridor protections under the state's Comprehensive Shoreland Protection Act.

Please do not hesitate to contact me at 603.796.2615 or [email protected] if I may provide any further assistance.

Sincerely,

" Michele L. re (gray President, Board of Directors

CC: Senator Feltes Senator Ward Senator Bradley Senator Fuller Clark Rep. Carson Rep. Mullen Rep. Smith Rep. Myler Rep. Luneau Robert R. Scott, Commissioner, NH Department of Environmental Services Ted Diers, Administrator, Watershed Management Bureau, NHDES Tracie Sales, Manager Rivers Management and Protection Program Michele L. Tremblay, Chair, Rivers Management Advisory Committee

New Hampshire Rivers Council I Warner River 2 April 3, 2018

Trout Unlimited Basil W. Woods, Jr. Chapter PO Box 3302 TROUT UNLIMITED Concord, NH 03302-3302 BASIL W. WOODS. JR.CHAPTER [email protected] April 3, 2018

The Honorable Chris Christensen, Chair House Resources, Recreation, and Development Committee LOB 305 Concord NH 03301

RE: SB 445: Designating the Warner River to NH's RMPP

Dear Chair Christensen and Committee Members,

The Basil Woods Chapter of Trout Unlimited has been volunteering in Warner River Watershed with NH Fish and Game for six years. We enthusiastically support the outstanding grassroots efforts of Bradford, Sutton, Warner, Webster and Hopkinton to nominate the Warner River into the Rivers Management and Protection Program (RMPP). The RMPP program goals directly incorporates our mission to protect, reconnect and restore the Warner River watershed for our threatened wild brook trout, these resident communities and future generations.

We have provided extensive multi-media outreach on behalf of these communities; accordingly please refer to:

03 Summary of Support for S13445 with 168 letters, testimony and signatures; and 03 Copy of Senate Energy and Natural Resources Hearing Testimony listing (8) additional outreach events since the nomintation was submitted to NHDES.

As testament to the strength of the grassroots support in these communities, we provide two more recent observations: 03 Last year was the first year the number of community volunteers (17) far outnumbered our chapter member volunteers (g); and 03 Last year's VRAP group that tested (7) sites, requested to test more sites, so in 2018, we are expanding to testing (13) sites as well as incorporating rock baskets (main stem macroinvertebrate sampling) and deploying temperature/conductivity meters in multiple locations.

A mission to conserve, protect and restore North America's coldwater fisheries and their watersheds. We hope you honor these communities' wishes and designate the Warner River as the nineteenth river of this outstanding program.

Please do not hesitate to contact me at 603.456.2173 or [email protected] if I may provide any further information or assistance.

Thank you for this opportunity to appear before you today.

Sincerely,

Chris Connors, Vice President Basil Woods Trout Unlimited PO Box 3302 Concord, NH 03302-3302 www.concordtu.or• www.facebook.com.concordtu

CC: Senator Feltes Senator Ward Senator Bradley Senator Fuller Clark Rep. Carson Rep. Mullen Rep. Smith Rep. Myler Rep. Luneau Robert R. Scott, Commissioner, NH Department of Environmental Services Ted Diers, Administrator, Watershed Management Bureau, NHDES Tracie Sales, Manager Rivers Management and Protection Program Michele L. Tremblay, Chair, Rivers Management Advisory Committee Summary of Support for SB445

The following is a summary of 168 letters, testimony and signatures in support of 56445: Designating the Warner River to the NH Rivers Management and Protection Program. This support represents all five town boards, riparian landowners, town residents, local river management advisory committees, and local, state, and national organizations. Letters within the nomination are denoted with an (*). Letters (LOS), testimony (T) and signatures (5) were submitted to NHDES, provided at the Nomination Public Hearing (NH), the Senate Public Hearing (SH) and/or collected at outreach events.

I. NHDES COMMISSIONER SCOTT III. 128 INDIVIDUALS: Report to the General Court (1-16-2018)(9-20-2018) David Halstead* — Bradford David Gaudes* — Bradford II. 20 TOWN BOARDS, COMMISSIONS & Judith Anderson* — Bradford ORGANIZATIONS: Scott Biron* — Bradford Judith Ann Eldridge — Bradford (NHT) (SHT&LOS) BRADFORD Susan Gildersleeve — Bradford (NLOS) Board of Selectmen* (SHT&LOS) Mike & Shirley Dorrington* — Warner Zoning Board (at NH) Frank Moltz & Laura Russell* — Warner (SHS&LOS) Conservation Commission* (NHT) (SHT) John Warren - Warner, Davisville Dam* (SHT) Lake Massasecum Improvement Association* Duane and Lori Souder —Warner (NLOS) Rural Heritage Connection of Bradford, Inc. Philip MacNeill — Warner (NLOS) (NPHT&LOS) Mike Amaral — Warner (SHS) Bradford Emergency Management—Bruce Edwards Robert & Beth Ball — Warner River VRAP (SHS) (LOS) Daniel Thomas Moran — Webster (landowner across from the Davisville Dam) (SHT&LOS) WARNER Nancy Martin — Warner, WRNC REP (SHT) Warner Board of Selectmen* (SHT&LOS) Michael S. Simon —WRNC REP Warner (SHS) Warner Conservation Commission* (SHT&LOS) Roderick J. MacLean — Bradford, WRNC REP (SHLOS) Warner Historical Society* Doug Giles — Hopkinton, WRNC REP (SHS) Warner Planning Board* George Embley — Webster WRNC (SHS) Warner Village Water District* (SHT&LOS) Jack Noon —Sutton WRNC (SH) SUTTON Chris Connors —Salisbury (SHT&LOS) Sutton Board of Selectmen* (NH) Michael Bauer— Bradford (SH) Sutton Conservation Commission* Judy Boucher—Concord (LOS) Carl Beverly — Warner (LOS) WEBSTER Carolyn Beverly— Warner (LOS) Webster Board of Selectmen* (NH)(SHLOS) Katharine Nevins — Warner (LOS) Webster Conservation Commission* Zachery Brick — Warner (LOS) Webster Conservation Commission Addendum* Jeanette Boisvert — Dunbarton (LOS) Webster Planning Board* Jamie Murphy —Warner (LOS) Anastasia Glavas —Warner (LOS) HOPKINTON Hopkinton Board of Selectmen* (SHLOS) Sally Embley — Webster (LOS) Hopkinton Conservation Commission*(SHS) Brian Hotz — Warner (LOS) Hopkinton Planning Board* Pam Dunlin —Warner (LOS) Riana Szymkiewicz — Warner (LOS) III. 128 INDIVIDUALS (cont) Donna Cataizaro — S. Sutton (LOS) Maria Storm — Bradford (LOS) Leslie Williams —Webster (LOS) Ali Bloxom — MA (LOS) Steve Seroha — Canterbury (LOS) Vicki Branch — Webster (LOS) Sam Bower — Warner (LOS) Mary Cloues — Webster (LOS) Matt Gatsier — Bow (LOS) Dustin Laverack — Warner (LOS) Ed Cloues — Webster (LOS) Martha Mason — Lancaster (LOS) Will O'Connell — Warner (LOS) Nancy Heckel — So. Sutton (LOS) Richard Kingston — Epsom (LOS) Ross Mingarelli —Warner (LOS) David Heckel —So. Sutton (LOS) Brit Haley—Strafford (LOS) Ben Dobrouski — Warner (LOS) Mary Lynn Delaey— Concord (LOS) Chris Peteriet —Strafford (LOS) Karen Booker — Contoocook (LOS) Wayne Colby— Concord (LOS) Chris Caron — Stratford (LOS) Laurette Carroll —Warner (LOS) Dale Griffin — Weare (LOS) Christine Roueillard — Dalton (LOS) Stephanie D'Agostino-concord LOS) Rebecca Courser — Warner(LOS) Lynne Edwards—Bradford (LOS) Eric Unger— Newbury (LOS) Jason Gray— Bradford (LOS) Seth Benton — Bradford (LOS) Sally Embley — Webster (LOS) SHS Garry Haworth — Manchester (LOS) Sarah Riley— Bradford (LOS) James Timmins — Loudon (LOS) Lynn Annicchiarico — Concord (LOS) Katrina Amaai — Strafford (LOS) Robert Ball — Bow (LOS) David Annicchiarico— Concord (LOS) Karin Elmer — Bedford? (LOS) Charlie Stumb — Bow (LOS) Gary McAlister — Weare (LOS) Katerina Crowley —Warner Water- Ruth Owen — Hopkinton (LOS) Will Eckharel — Illegible (LOS) shed Project intern 2018 (LOS) Peter Sabin — Warner (LOS) Neil Nevins — Warner (LOS) Michael Murphy— RI tourist (LOS) Judy Cloues —Webster (LOS) Phil Vecchione — Warner (LOS) Jennifer Ohler — Warner (LOS) Richard Cloues — Webster (LOS) Kathy Rodgers — Bradford (LOS) Robert Bower —Warner (LOS) Liz Charlebois — Warner (LOS) Alan Loriler — Warner? (LOS) Lisa Eifchart — Millford (LOS) Klare Nevins — Warner Mike Stickney —VT tourist (LOS) Michael Brown —Warner (LOS) Jack Noon — (SHS) Marie Dengaris? —Sutton (LOS) Paula Brown — Warner (LOS) Derek Owen — Hopkinton (HHLOS) Steve Wertz — Hampton (LOS) Timothy Courser — Warner (LOS) Cleve Kapala — Hopkinton (HHLOS) Peppi Ritacco — So. Sutton (LOS) Julie Bursey— Bradford (LOS) Jonathan Bradstreet Hopkinton Todd Ritacco —So Sutton (LOS) Abigail Bower — Warner (LOS) (HHLOS) Sean Toomey — Warner (LOS) Donna Stamper—Orange (LOS) Jed Merrow — Hopkinton (HHLOS) Michael Amaral — Warner (LOS) Mary Claire Matulay— Lyme (LOS) Melissa Jones — Hopkinton (HHLOS) Rene Gerselman — Bedford (LOS) Abigail Nemec — CT (LOS) Robert Knight — Hopkinton (HHLOS) Cheryl Huddleston— Bedford (LOS) Gretchen Krug —Warner (LOS) Lee Wilder— Hopkinton (HHLOS) Arthur Melville- NH? (LOS) Richard Bloxsom — MA (LOS) James Newsom — Hopkinton HHLOS) Bonnie Hill — S. Sutton (LOS) Jim O'Brien — (SHS) Ronald Klemaroyk— HopkintonHHLOS

IV. 15 LOCAL, STATE AND NATIONAL ORGANIZATIONS American Whitewater* The New England Grass Roots Environmental Fund* Basil W. Woods, Jr. Chapter Trout Unlimited* New Hampshire Fish & Game Department* (SHLOS) New Hampshire Rivers Council* (SHT&LOS) Basil Woods TU 2016 Project Intern Tyson Morrill N.H. Rivers Management Advisory Committee (NHT) (SHT&LOS) Central NH Regional Planning Commission SHT&LOS) New Hampshire Council Trout Unlimited* Contoocook North Branch Local Advisory Upper Merrimack River Local Advisory Committee* Committee* Society for the Protection of NH Forests (Matt Leahy, Five Rivers Conservation Trust (NHLOS) SHS) Long Tom Watershed Council (Tom Begley)* The Nature Conservancy* (SHT&LOS) NH Audubon (Mike Amaral, SHS) TNC (NH Heritage Bureau Map of the S3 Floodplains)

Trout Unlimited Basil W. Woods, Jr. Chapter TROUT PO Box 3302 UNLIMITED Concord, NH 03302-3302 Basil W. Woods Jr. [email protected] 16 January 2018

The Honorable Kevin Avard, Chairman Senate Energy and Natural Resources Committee State House, Room 100 Concord, NH 03301

RE: SB445: Designating the Warner River as a protected river

Dear Chairman Avard and Members of the Committee,

In accordance with its mission to support New Hampshire's coldwater fisheries and their watersheds, the Basil Woods Jr. Chapter of Trout Unlimited has performed public outreach at numerous events for this multi- community effort to designate the Warner River as a protected river under the Rivers Management and Protection Program. In addition to those events listed in Appendix D of the nomination ' Summary of Outreach Efforts Performed at Various Events', we have assisted with community outreach at the following additional events:

Warner Farmer's Market, June 10, 2017 Bradford Independence Celebration, July 1, 2017 e Newbury Old Home Days, July 8, 2017 Hopkinton State Fair, September 1 — 4, 2017, and ., Town of Bradford Presentation, September 14, 2017 (Warner River Watershed Conservation Project and Warner River Nomination)

When the nomination was approved by NHDES Commissioner Scott and assigned an SLR number, we assisted community residents by developing letters of support and collecting signatures at the following events:

Warner Fall Foliage Festival, October 7-8, 2017 e4. Annual Meeting of NH Association of Conservation Commissions, October 14, 2017, and Chapter Meeting, October 19, 2017 (special presentation on the Warner River Designation)

Accordingly we have enclosed the letters and one hundred original signatures of support for your reference. Please note that we initially sought signatures of those residing within the Warner River watershed. However, relatives and friends of residents, part-time residents, even vacationers who value the river requested to sign in support, so we allowed them to do so.

We sincerely thank you for your support and sponsorship of this extraordinary community effort.

Sincerely,

Chris Connors, Vice President Basil W. Woods, Jr. Chapter Trout Unlimited [email protected] (603)456-2173 mobile Warner River Nomination

Thank you Mr. Chairman and fellow Representatives: I come before this committee in opposition to SB445. On behalf of several constituents, land owners and business owners who do not want any changes made to the River.

Let me be clear, I fully support Conservation, clean water and healthy native river trout, and because of this, I feel the Warner River Nomination is unnecessary.

The Warner River Nomination Committee met for over the past two-three years seeking to have the Warner River nominated. DES and the NH Central Regional Planning Commission along with Trouts Unlimited also seek the nomination.

The Warner River is already protected by the state under the Shoreland Water Quality Protection Act.

Groups proposing River Nomination want to improve the biological aspect of the river. They seem to be more concerned about organisms along the river than taking a large-scale view of the environment and long-term human needs for such things as renewable energy. For example: VT has declared hydro-power a renewable resource and is encouraging it. NH on the other hand wants to tear down dams.

River segment classification, which is unique to the nomination process, merely acknowledges what already exists along the Warner River and offers little or no additional protection.

Over the last decade water quality in the Warner River has remained high. If it weren't for being slightly acidic, the Warner River would be classified as an A -class river. As pointed out in the nomination document, acidic conditions are likely the result of acid rain, nothing that could be controlled by nomination.

In regards to water quality:

• 2007 results versus June, 2017 showed little change. • June, 2017 VRAP (Volunteer River Assessment Program) demonstrated that current water quality is high and similar to a decade ago, again indicating that state regulation is sufficient. • Generally, the River nomination/designation is unfunded and does not provide the means for testing or assessing the river. In the Warner River's case, river nomination is largely funded by a special interest group, Trout Unlimited. I applaud their goal of keeping the river clean, but I do not believe river nomination is an appropriate vehicle for doing so. • From the River Designation meetings, discussion of funding and the role that the LAC's (Local River Management Advisory Committee) play were discussed. In some areas of the state, these groups are active, but in other areas, they struggle to maintain active members and funding.

• The LAC's would be appointed by the Selectman and do not need any special qualifications. However, Mr. Durfee from Central Planning stated that, "Tracking and managing invasive species could be a future task of an LAC. The average volunteer LAC members are most likely not capable of identifying invasive species. This job would be better left to the experts at DES. When the question was brought up on their lack of training, an answer given from the minutes report was that they wouldn't be expected to do anything scientific, just bring esthetic concerns to the Selectman if they notice anything unusual. • But Selectman will likely be as untrained in river management as the LAC. We also already have a VRAP which is a DES Volunteer River Assessment Program. This is done under current State regulations for the analysis of water quality. It provides factual data to the state which the river nomination is not designed to provide. Some feel that the VRAP data is too limited to enable firm conclusions to be drawn. There are long term monitors that indicate a persistent high water quality. Those monitors are biological and this includes the presence of native brook trout. While the River Nomination is basically a biological plan for the river, it does not take a balanced system approach that would include a strictly controlled hydro development.

The proposal states "Designation of the Warner River to the NH Rivers Management and Protection Program would set up an intermunicipal forum enabling a continued conversation pertinent to long-term strategies for the river's protection and management". It is not clear to me why this elaborate state involvement is necessary to allow towns to talk to each other. Conservation commissions in the towns should already be doing that.

Back when the nominating committee met with the Energy Committee in the town of Warner,73.1% was designated rural or rural community. That only left 26.1% of the river to be able to produce clean carbon-free renewable power.

Dam building: The nomination committee along with the Warner Energy Committee included more of the river to the community designation. However, no new dam construction can take place on the river that is designated rural or rural community and existing dams have to be repaired within 6 years. This concerns me as land owners of rural or rural community categories might begin the repairs or the construction, but are not able to complete it within this time frame. If this happens, the owners forfeit their right to complete their dam. Not to mention the DES permitting process might eat up all of those 6 years. Another decision to make one area rural was in conjunction with a land owner's wishes to keep his property rural. I understand his wishes, but for the future buyer of his property, they would not be able to rebuild and produce their own personal hydropower. His property back in the 30's produced enough hydropower to supply energy to factories in the town of Contoocook. I realize for esthetic reasons neighbors do not want this to become commercial, but it should be allowed for personal use if the time arises. A person's micro-hydro has made great advances in the last decade.

Every town and city in NH, in fact our entire state was built and enormously enriched by water power. It is one of our greatest heritage. If Wind, and Solar are important now, why are we rejecting our own regions greatest natural resource —

The Legislators in the Federal Government have a bill to give more energy independence for this country. Hydropower is one of them. Depending on who you talk to, NH has approximately 3-5,000 dams. Of this amount, only 90-100 are actually working. NH could lead the way in hydropower and help reduce our high electric rates.

Trouts Unlimited has built structures to keep native trout separate from farm trout. Isn't this just a fancier way of creating what already exists, a dam? Dams with hydropower help keep small business viable and keep NH residents working right in their own community.

On behalf of many constituents and resource people, we feel this Warner River Nomination is unnecessary. As stated before, State laws are in place to protect the Warner River. If the Warner River already supports native brook trout, this alone attests to the high quality of the river. NH needs to get on board like Vermont with making dams in our state able to create viable independent electricity.

I've heard over and over people wanting to keep many issues local. Keep it under local control. Why should this be any different? Each town has Conservation Commissions and to quote from their report to the General Court: " All five communities have water course, water body, and/or wetland setbacks or protection regulations as well as a floodplain development ordinance of some type. All towns also have erosion and sedimentation control and stormwater management regulations for their subdivision , but three towns have gone further by adopting erosion and sediment control provisions into their zoning ordinances. These planning tools promote protection of the Warner River and the adjacent land".

Again, this begs me to ask, why do we need another layer of bureaucracy added to what is already working? These sentiments were also shared by Mayor Paul Grenier of Berlin and that is why his town did not allow the Androsoggin River to become a part of this Water Management and Protection Program.

Between the local protection programs in place and the state's Shoreland Quality Protection Act, and a quote from Sam Durfee to the Concord Monitor in July, 2017, " local ordinances are more stringent about what can be done on the river" makes it evident that this extra layer of bureaucracy is not needed. I ask that you ITL this bill.

Sincerely, Representative Natalie Wells River chemistry - 2007 vs 2017

Dissolved Oxygen (mg/I) 2007 8.551667 2017 7.542857

For class B river minimum value is 5.

pH 2007 6.141667 2017 6.224286

Essentially no change. For class B rivers the range is 6.5 - 8.0, except when due to natural causes. Likely the low pH is the result of natural factors.

Turbidity (NTU) 2007 0.483333 2017 0.814286

There is no formal standard to turbidity. The 2017 values are strongly influenced by one very high value, 2 times higher than an other value in the set. If this number is deleted the values go down to 0.64

Specific conductance (µS/cm) 2007 93.21667 2017 80.57143

NH water standards have no formal standard for SC. High values may result from road salt, agriculture, runoff or ground water pollution. Lowering of SC is probably not significant.

Temperature C 2007 18.01667 2017 17.82143

About the same; no standard Main difference highs not as highs and lows not as low in 2017.

In summary, water chemistry has changed little over the last decade. ENVIRONMENTAL NEW HAMPSHIRE -"ie. DEPARTMENT OF flc D r'=) Environmental CC3 -17 0-9 Services

29 Hazen Drive, Concord, New Hampshire 03301 • (603) 271-3503 • www.des.nh.gov

2017

The Warner River

The Warner River is seeking designation as a Boscawen protected river under the New Hampshire Rivers Warner River Nomination Sahsbury Extent of ,urination Corr,dor Management and Protection Program. The 20 mile long nominated river begins on the West Branch Sutton +1 Warner River at its confluence with Andrew Brook in Webster Bradford, continues on to the Warner River where the West Branch meets Hoyt Brook, and ends at the confluence with the Contoocook River in Hopkinton, which is also a New Hampshire designated river. With a watershed drainage basin of over 148 square miles across Merrimack and Sullivan Counties, the Bradford w.enof RN*, Warner River is an integral part of central New cs law. lit.‘ Cwt.. 119 SUM Roulet Hampshire's landscape. The river helps define the Hopkinton Lc. Reeds La. Pd. Henniker five communities of Bradford, Sutton, Warner, t SW•Wnt 0 OS 1 2 Webster, and Hopkinton through which it flows. Ca.:. tow," 11111,7".

The river is largely free flowing with three dams actively impounding water, and eight other dams either breached or in ruins. The large watershed is steep and rocky and produces fast-rising, high-volume runoff during severe storms. Water quality in the river is generally good. New Hampshire's Draft 2016 Section 305(b)/303(d) Surface Water Quality Report lists several sites along the river as impaired for supporting aquatic life due to pH. A few of the lakes and ponds in the watershed such as Lake Massasecum and the beach at the Silver Lake Reservoir in Warner have occasionally been impaired for swimming due to E. colt and Blaisdell Lake in Sutton and Tom Pond in Warner have also been impaired for aquatic life due to total phosphorus, pH, and chlorophyll-a.

Geology Glaciers were present in the Warner River Valley during the Pleistocene Epoch 2.59 — 0.012 million years ago. When the glaciers retreated, they left behind till and through the process of ice melt, stratified deposits were created along streams, channels, and lakes. These deposits were saturated with water and formed stratified-drift aquifers. The most expansive aquifers are found near the termination of the Warner River, as this area was once a glacial lake. However, aquifers are found along the entirety of the river channel and play a vital role in supplying municipal water for the towns of Hopkinton and Warner.

In the past, there has been minor commercial extraction of metamorphic minerals along the Warner River. Almandite, a common type of garnet, was mined and used primarily as an industrial abrasive. Soapstone was also extracted in Warner for use in stoves and hearthstones. Neither of these minerals is mined today. History The Pennacooks were the area's first inhabitants. Artifacts such as projectile points, scraping tools, hearths, and even human remains have been found in the river corridor. In the 1740's settlers built log cabins and a sawmill, only to have them burned to the ground by the Pennacooks. It was not until after the French and Indian War in the 1760's that a settlement could be established. Francis Davis established the first permanent sawmill in 1763 and mills became the backbone of the area's economy. Other industries which rely on mills sprang up and produced woolen cloth, hard-iron, clock weights, wooden boxes, gloves, shoes, bobbins, toys, wood turned chairs, baseball bats, crutches, cotton cloth, clothes pins, hubs, milk can stopples, transformers, and special power supplies. Early residents of the Warner River were concerned about the river's water quality, and in 1906 mill owners were cited for breaking the law by dumping sawdust into the river.

Noteworthy historical sites occurring in the river corridor include the Dalton, Waterloo, and Bement covered bridges, as well as the Lower Warner Meeting House, all of which are listed on the National Historic Register. The Waterloo District, with its 24 houses, cemetery, school house, railroad depot, and mill building, is also listed on the National Historic Register.

Wildlife, Habitat and Vegetation '141 ' The Warner River forms a natural greenway corridor between multiple large protected open space areas including the Chandler Reservation in Warner, the Warner Town Forest, and the Mount Kearsarge State Forest Park, which stretches into Sutton, Wilmot, Andover, and Salisbury. Rare, threatened, and endangered plant and animal species within the river corridor include sclerolepis, found in only two locations in New England, small whorled pogonia, American water-alwort, the common loon, and Blanding's turtle. Over two-thirds of streams in the watershed also support the natural reproduction of native brook trout. More than 20 percent of the land area within the river corridor has been identified as the highest ranked wildlife habitat in the state as noted in the New Hampshire Wildlife Action Plan. The river corridor is an excellent location for observing wildlife such as moose, black bear, fisher, and bobcat due to the proximity of large areas of conserved open space.

Recreation, Boating and Fishing The Warner River corridor offers a wide variety of recreation opportunities such as wildlife observation and walking in the Bradford Pines Natural Area, hiking and hunting in the Mink Hills, and organized sports at Warner's Riverside Park. A small section of the Concord - Lake Sunapee Rail Trail follows the Warner River from just north of Tom Pond to Bradford, offering walking and biking opportunities with future expansion planned. Also, a state primary snowmobile trail crosses the river on Joppa Road via the Dalton covered bridge.

Fishing, kayaking, canoeing, and swimming are popular on the Warner River, which is easily accessed in many locations from NH Route 103. Seasonally variable flows offer whitewater paddling unique to this part of the State including numerous class IV rapids and a three-foot dam sluice. American Whitewater identifies the Warner River as a highly popular destination due to its large watershed, long whitewater season, and incredible in- stream features. Several dams along the river impound sizeable swimming holes that are enjoyed in the summer months. The New Hampshire Fish and Game's Freshwater Fishing Guide claims the Warner River to be an excellent location for brook and rainbow trout fishing, with varied fish habitat, and good access to the river.

For More Information For further information about the New Hampshire Rivers Management and Protection Program visit the NHDES website at http://des.nh.gov/organization/divisions/water/wmb/rivers/, or contact the Rivers Coordinator, 29 Hazen Drive; PO Box 95; Concord, NH 03302-0095; (603) 271-2959; [email protected].

The State of New Hampshire Department of Environmental Services •NHDES Robert R. Scott, Commissioner

April 3, 2018

The Honorable Chris Christensen Chair, House Resources, Recreation and Development Committee Legislative Office Building, Room 305 Concord, NH 03301

RE: SB 445, An Act Designating the Warner River as a protected river.

Dear Chair Christensen and Members of the Committee:

Thank you for the opportunity to testify on SB 445, which would designate the Warner River into the New Hampshire Rivers Management and Protection Program (RMPP). The New Hampshire Department of Environmental Services (NHDES) is pleased to support this grassroots-driven legislation.

The designation would begin on the West Branch Warner River at its confluence with Andrew Brook in Bradford, extend 1.1 miles to the headwaters of the Warner River mainstem, and continue 19 miles through Warner, Sutton, and Webster to the Warner River's confluence with the Contoocook River in Hopkinton.

NHDES' review of the Warner River nomination considered the important resources outlined in the nomination form, public comments received, and the recommendations of the Rivers Management Advisory Committee and the NHDES Rivers Coordinator. In each of the five resource categories evaluated - natural, managed, cultural, recreational, and other - the Warner River contains resources of local and regional significance. The river is also valued statewide for its natural, cultural, recreational, and other resources.

Public support for the nomination of the Warner River has been strong. The nomination document included 34 letters of support, and three members of the public spoke in favor of the nomination during the public hearing on July 11, 2017. During the public comment period, NHDES received five additional letters and emails of support, and only one email expressing opposition to the nomination.

A Report to the General Court on the nomination of the Warner River into the RMPP was submitted on September 20, 2017. The report specifies in greater detail the values and characteristics that qualify the Warner River for designation, and includes a map of

www.des.nh.gov 29 Hazen Drive • PO Box 95 • Concord, NH 03302-0095 (603) 271-3503 • Fax: 271-2867 TDD Access: Relay NH 1-800-735-2964 The Honorable Chris Christensen, Chair House Resources, Recreation and Development Committee April 3, 2018 Page 2

the proposed designation. Both the Report to the General Court and the full nomination document are available on the NHDES website at https://www.des.nh.gov/organization/ divisions/water/wmb/rivers/nominations.htm.

The Warner River meets the criteria for designation based on the factors listed in RSA 483:6, IV and is consistent with the purposes of RSA 483. It is a worthy addition to the Rivers Management and Protection Program, and NHDES strongly recommends its inclusion in the RMPP.

Thank you again for the opportunity to comment on SB 445. If you have further questions or need additional information, please contact Tracie Sales ([email protected], 271-2959) or Ted Diers ([email protected], 271-3289).

Sincerely,

Robert R. Scott Commissioner

cc: Senators Feltes, Bradley, Fuller Clark, Ward, and Representatives Suzanne Smith, Carson, Mullen, Myler, Luneau Voting Members: ' Michele L. Tremblay N.H. Rivers Management and Protection Program Chair Conservation Community N.H. Rivers Management. Advisory Committee Larry T. Spencer Vice Chair April 3, 2018 Conservation Commissions The Honorable Chris Christensen Edna Feighner Historic/Archeological Chair, House Resources, Recreation and Development Committee Interests Legislative Office Building, Room 305 Mark Lombardi Concord, NH 03301 Granite State Hydropower Association RE: SB 445 An act designating the Warner River as a protected river. Frederick J. McNeill Municipal Officer Dear Chair Christensen and Members of the Committee: Roger Noonan Agricultural Community The Rivers Management Advisory Committee (RMAC) appreciates the Allan G. Palmer Business & Industry opportunity to comment on Senate Bill 445, which will designate the Association Warner River into the New Hampshire Rivers Management and James W. Ryan Protection Program (RMPP). The designation of the Warner River, NH Fish & Game including a short segment of the Warner River West Branch, will make it Commission the 19th river or river segment to be protected under the RMPP. The Norman Sims Recreational Interests RMAC strongly supports this bill. Ruth Ward Local River Management The Warner River, based on the nomination documentation, qualifies for Advisory Committees designation into the RMPP and has the strong support of its citizens and Donald L. Ware Public Water Suppliers elected officials. The impetus for the nomination was an assessment of the naturally reproducing native Eastern Brook Trout population in the Non-Voting Members: Warner River watershed. NH Fish and Game Department staff and Trout Jennifer Gilbert NH Office of Unlimited Basil W. Woods, Jr. Chapter volunteers jointly surveyed the Strategic Initiatives watershed and found that two-thirds of the streams studied in the Warner Mark Hemmerlein River watershed are home to the trout, and that excellent stream water NH Department of Transportation quality has been the key to their survival. Based on these findings, an effort to protect the water quality that enables the trout to thrive in the Patrick Hummel NH Department of watershed began and resulted in the nomination. Natural and Cultural Resources The RMAC was impressed with the level of public support demonstrated John Magee NH Fish & Game throughout the nomination process, and particularly at the public hearing Department on July 11, 2017. Approximately 53 individuals, including three New Gail McWilliam Jellie Hampshire Department of Environmental Services (NHDES) staff, seven NH Department of Agriculture, RMAC representatives, and thirteen nominating committee members, Markets & Food attended the public hearing. Of the four community members who spoke Whitney Welch at the hearing, three were supportive of the designation of the Warner NH Department of Safety River, and one asked a question without providing a formal comment. During the public comment period, the Rivers Coordinator received five Staff: letters and emails supporting the nomination and only one email Tracie Sales Rivers & Lakes Programs expressing opposition to the nomination. Manager, NHDES

Kathy Black Rivers & Lakes Programs 29 Hazen Drive; PO Box 95; Concord, NH 03302-0095; Tel: 271-8811; Fax 271-7894 Assistant, NHDES http://des.nh.qov/orcianization/divisions/water/wmb/rivers/rmadindex.htm The Honorable Chris Christensen Chair, House Resources, Recreation and Development Committee SB 445 April 3, 2018 Page 2

The RMAC is aware that concern was expressed by a small number of owners of existing and breached dams along the Warner River. They were concerned that designation of the river would prohibit them from the future development of hydropower. Rivers Management Advisory Committee representatives have been impressed with the effort made by the Warner River Nominating Committee to work with these riparian landowners to facilitate a compromise which will allow development of hydropower within the designated river in the future. The nominating committee delayed submission of the nomination for a year in order to conduct additional public outreach, invited members of the Warner Energy Committee to join the Nominating Committee, and adjusted the proposed river classifications in the portion of the river where those interested in hydropower own land. The RMAC's Granite State Hydropower Association (GSHA) representative, Mark Lombardi, has communicated these concerns to GSHA, and the association has reached out to a few dam owners on the Warner River. GSHA is aware that those landowners who have expressed interest in developing future hydropower on the Warner River will not be inhibited by the river's designation.

The RMAC is a legislatively created body charged to work with the NHDES to administer RSA 483, the Rivers Management and Protection Program. The Governor and Council appointed Committee is composed of representatives from business, agriculture, hydroelectric, municipal government, water supply, conservation, recreation, fish and game, and historical interests. Among its other responsibilities, the RMAC is charged with reviewing nominations of rivers to the Program and advising the NHDES Commissioner on the merits of such nominations, as well as considering legislation relevant to the Program and advising the legislature on the legislation's impact on the Program.

In conclusion, the RMAC has determined that the Warner River nomination meets the criteria in the statute and rules, RSA 483 and Env-Wq 1800 respectively, for rivers protected under the program and also has the support of the local communities. The RMAC thus strongly supports Senate Bill 445.

Should you have any questions regarding our testimony, please feel free to contact me at 603.796.2615 or MLTnaturesource.net.

Sincerely, I

Michele L. Tremblay Chair

29 Hazen Drive; PO Box 95; Concord, NH 03302-0095; Tel: 271-8811; Fax 271-7894 http://des.nh.qoviorcianization/divisions/water/wmb/rivers/rmac/index,htm The Honorable Chris Christensen Chair, House Resources, Recreation and Development Committee SB 445 April 3, 2018 Page 3

ec: Sen. Dan Feltes Sen. Jeb Bradley Sen. Martha Fuller Clark Sen. Ruth Ward Rep. Clyde Carson Rep. David Luneau Rep. John Mullen Rep. Mel Myler Rep. Suzanne Smith RMAC Representatives Nancy Martin, Warner River Nominating Committee Governor Chris Sununu Robert R. Scott, Commissioner, NHDES Eugene Forbes, Director, Water Division, NHDES Ted Diers, Administrator, Watershed Mgmt. Bur., NHDES Tracie Sales, Rivers and Lakes Programs Manager, NHDES Local River Management Advisory Committee Chairs

29 Hazen Drive; PO Box 95; Concord, NH 03302-0095; Tel: 271-8811; Fax 271-7894 http://des.nh.qov/orqanization/divisions/water/wmb/rivers/rmadindex.htm SIGN UP SHEET

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2018 SESSION 18-2791 08/06

SENATE BILL 445

AN ACT designating the Warner River as a protected river.

SPONSORS: Sen. Feltes, Dist 15; Sen. Ward, Dist 8; Sen. Bradley, Dist 3; Sen. Fuller Clark, Dist 21; Rep. Carson, Merr. 7; Rep. Mullen, Straf. 1; Rep. Suzanne Smith, Graf. 8; Rep. Myler, Merr. 10; Rep. Luneau, Merr. 10

COMMITTEE: Energy and Natural Resources

ANALYSIS

This bill designates the Warner River as a protected River.

This bill is a request of the department of environmental services.

Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in braeltetc and ante {through.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

SB 445 -AS INTRODUCED 18-2791 08/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

AN ACT designating the Warner River as a protected river.

Be tit Enacted by the Senate and House of Representatives in General Court convened:

1 1 New Paragraph; Warner River; Designated for Protection. Amend RSA 483:15 by inserting 2 after paragraph XVIII the following new paragraph: 3 XIX.(a) Warner River - west branch - as a rural-community river from the confluence with 4 Andrew Brook in Bradford 1.1 miles to the confluence with the Warner River main stem. 5 (b) Warner River - main stem: 6 (1) As a rural-community river from the confluence of the West Branch Warner 7 River and Hoyt Brook in Bradford 2.9 miles to the Melvin Mills bridge in Warner. 8 (2) As a community river from the Melvin Mills bridge in Warner 1.8 miles to a 9 point mediately downstream of the Swain Lowell Dam. 10 (3) As a rural river from a point immediately downstream of the Swain Lowell Darn 11 in Warner 2.9 miles to a point immediately upstream of the Warner River Dam in the Waterloo 12 Village District. 13 (4) As a community river from a point immediately upstream of the Warner River 14 Darn in the Waterloo Village District 3.4 miles to the confluence with Bartlett Brook in Warner. 15 (5) As a rural river from the confluence with Bartlett Brook in Warner 8.0 miles to 16 the confluence with the Contoocook River in Hopkinton. 17 2 Effective Date. This act shall take effect upon its passage.