Update: I have been informed that this was written by Jane Aitkin of the NH TEA Party Coalition – I stand, corrected.
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Ever since Grokster Steve put up his post on SB11 whizzing through the NH Senate and the House Committee, there as been a lot of buzzing going on, and while it seems innocuous on the surface, there are a lot of deep down problems with this bill where the mischievous can go evil. One of THE experts (if not THE expert) on the Sustainable Communities Initiative being pushed by the Federal Government’s HUD (i.e., Federalizing local zoning ordinances) is Ken Eyring – here are his thoughts on this bill:
RED ALERT! SB 11 which passed the Senate, may affect YOUR WATER RIGHTS and will be voted on tomorrow in the full House.
BACKGROUND
In 2011 then Governor Lynch created the NH Water Sustainability Commission (WSC) by Executive Order. This UNELECTED group works alongside the Regional Planners, another UNELECTED GROUP, on the premise that water is a ‘limited resource’ in NH. We wrote about it in 2012. Note the use of the word ‘global’ which is a code word for control of all resources.
http://www.nhteapartycoalition.org/tea/2013/01/04/water-commission-report-is-must-read/
We all know that NH is a water-rich state and there is no water “crisis”. In fact, many of us are still cleaning up after 4 or 5 years of damages to our property due to too much water. Some NH counties were even declared a disaster area for those years.
Among the WSC’s recommendations and goals is to “enable legislation for regional cooperation”. Indeed one of the NH Association of Regional Planning Commission’s 2012-2013 Annual Legislative Action Priorities was: #12 – “Promote stormwater management efforts including public education and stormwater utility enabling legislation.” (As amended at the July 19, 2012 NHARPC Meeting) You can now see how RI residents were able to be subject to a tax levied on any water that runs off their driveways and rooftops!
Under the WSC category of “Storm Water Utilities” we find…
“A storm water utility generates funding through user fees that are typically based on the impervious surfaces (e.g., roofs, roads, driveways, parking lots) of each property within the storm water utility district. Storm water utilities are similar to the dedicated municipal funds for public water and sewer utilities. The funding from storm water utilities can be used for catch basin cleaning, street sweeping, storm water infrastructure upgrades, and a variety of other storm water management activities, in addition to the administrative costs of running a storm water program.”
SB 11 has passed the NH Senate is now being considered in the NH Legislature. SB 11 would make statutory the right of “… municipalities to establish water and/or sewer utility districts and to enter into intermunicipal agreements for the establishment of such districts.”
http://www.gencourt.state.nh.us/legislation/2013/sb0011.html
And for what purpose? SB 11 contains some disturbing language…
From “31:134 Statement of Purpose: An adequate supply of water is indispensable to the health, welfare, and safety of the people of the state and essential to the natural environment of the state. Therefore, the general court declares and determines that the waters of New Hampshire constitute a limited and precious public resource to be protected, conserved, and managed in the interest of present and future generations. This requires careful stewardship and management of water and wastewater within the state. To maximize health and safety, ecological and aesthetic values, and the overall well-being of the people, the state of New Hampshire must enable municipalities to protect water supplies and provide sewer utility services in compliance with federal, state, and local requirements. In order to foster regional approaches to providing utility services to multiple municipalities, the state must enable municipalities to enter into agreements that provide for efficient means of collectively financing and operating such services. The establishment of water and/or sewer utility districts will enable municipalities to provide property services at a more intensive level than is provided in the balance of the municipality; provide funds for capital expenditures towards constructing and maintaining those utilities; provide funds for the operation and maintenance of those utilities; and authorize the establishment of charges to owners and users of property within such water and/or sewer utility districts in an amount not to exceed the costs to the municipality of providing such utility services at levels over and above those provided in the balance of the municipality.”
As we see it, this bill would give teeth to the idea that the state owns all water in NH, including that which flows under your property and comes from your well, or runs off your roof thus giving these regional boards the right to measure your intake/output, and to tax and control the water in your well and rain barrels.
FOR THE SKEPTICS
Think it can’t happen? Looking back to 2005 we saw then Representative Michael Scanlon (R) from Bedford file this bill:
http://www.gencourt.state.nh.us/legislation/2005/HB0572.html
Bedford was already a member of the “Merrimack Valley Regional Water District” which was created by an RSA. Scanlon was its Chairman. The towns of Pelham, Litchfield, Londonderry, Amherst, Pittsfield, and Nashua also belong.
http://www.gencourt.state.nh.us/rsa/html/III/53-A/53-A-1.htm
Here is their organizational charter:
http://www.pelhamweb.com/selectmen/docs/districtcharter_final.pdf
HB 572 could have had dire consequences for the residents of Bedford.
HB 572 would have allowed the “Merrimack Valley Regional Water District” to take control of the private wells of Bedford residents and others who were part of this water district, by eminent domain.
TAKE ACTION
Needless to say, SB 11 has already passed in the Senate and MUST BE STOPPED in the House.
Audio: http://www.gencourt.state.nh.us/senateaudio/committees/2013/PubMunAff/SB0011-L_01162013.asx
With an all-encompassing mission statement, there is no telling what it could do to your water and property rights.
Please call or write your Representatives in the NH House. You can find out who they are by looking up your town on this page.
http://gencourt.state.nh.us/house/members/wml.aspx
The bill’s status is here and it will be voted on tomorrow… so you MUST act now!
Thank you for your attention to this matter.
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