1. (a) As specified in RSA 485:61, II, these rules shall apply to “all new permit applicants and applications for water withdrawals subject to the provisions of RSA 485:3, RSA 485:48, RSA 485-C:21, RSA 485-A:12, IV, and section 401 of the Clean Water Act.”
2. (b) Pursuant to Laws of 2002, 142:3, effective July 12, 2002, the “rules developed under RSA 485:61 shall apply to all new water withdrawal permit applications approved under RSA 485:61, II on or after the effective date of this act.”

3. (c) Subject to (d) and (e) below, the specific applicants and applications for water withdrawals covered by (a) above shall be as follows:

   1. (1) Sources of groundwater for community water systems for which an application is filed pursuant to Env-Dw 302 or Env-Dw 305;
   2. (2) Sources of groundwater for bottled and bulk water operations for which an application is filed pursuant to Env-Dw 303;
   3. (3) Sources of groundwater where withdrawals exceed 57,600 gallons over any 24-hour period for which an application is filed pursuant to Env-Wq 403;
   4. (4) Surface water sources associated with projects that require a water quality certification pursuant to Section 401 of the federal Clean Water Act for which an application is filed; and
   5. (5) Surface water sources that require water quality certification pursuant to RSA 485-A:12, IV for which an application is filed.
4. (d) These rules shall not apply to applicants for a water withdrawal from a surface water source that will be used solely for non-consumptive water uses associated with hydroelectric energy production.
5. (e) Any source, transfer, or user of the type listed in (c) above that would not have been subject to Env-Wq 2101 as effective May 14, 2005 shall be subject to these rules as of the 2024 effective date of this part.

Source. #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.02); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24