Best Water Law Lawyers in Manchester

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McLane Middleton
Manchester, United States

Founded in 1919
75 people in their team
English
McLane Middleton is dedicated to our clients’ businesses, acting in a consultative fashion and offering guidance through today’s complex legal system.Every day we help our clients solve their toughest legal problems and create better outcomes.McLane Middleton holds the respected honor of being...
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About Water Law in Manchester, United States

Water Law in Manchester, United States, primarily deals with the regulation, ownership, use, and management of water resources such as rivers, lakes, groundwater, and wetlands. Manchester, located in Hillsborough County, New Hampshire, must comply with federal, state, and local regulations that govern water rights, water quality, usage permits, pollution control, and water resource development. This area of law is important for both individuals and businesses that rely on water for personal, agricultural, recreational, or industrial purposes. Water Law also covers disputes over access, contamination, flooding, and infrastructure projects that may impact local water sources.

Why You May Need a Lawyer

Legal issues involving water can quickly become complex, especially when multiple parties or governmental agencies are involved. You may need a lawyer specializing in Water Law if you encounter any of the following situations:

  • You own riverfront property and are unsure of your water rights or obligations.
  • You are facing regulatory action from the city, state, or Environmental Protection Agency regarding water usage or contamination.
  • You believe your property has been damaged by flooding, drainage issues, or water pollution caused by a neighbor, business, or government project.
  • You are considering a development project that may impact wetlands, streams, or other protected water sources and need help navigating permits or compliance requirements.
  • You are involved in a dispute over shared or boundary waters, such as wells or ponds.
  • Your business is being investigated for alleged water contamination, improper discharge, or noncompliance with water quality standards.
  • You receive a notice related to eminent domain or Public Works that could affect water access or usage on your property.

Local Laws Overview

Manchester, New Hampshire, must adhere to water regulations at the federal, state, and local levels. Key areas of Water Law relevant to the Manchester community include:

  • Water Rights - Most water in New Hampshire is considered a public resource. Water usage for personal, agricultural, or industrial purposes may require compliance with state permitting systems.
  • Groundwater Protection - The New Hampshire Department of Environmental Services (NHDES) enforces rules regarding well installation, testing, and protective zones around drinking water sources.
  • Pollution Control - Strict limits exist for discharging pollutants into surface or groundwater, under the federal Clean Water Act, state statutes, and local ordinances. Municipal codes in Manchester address stormwater runoff, sewer connections, and industrial discharges.
  • Wetlands and Surface Water - Any work that may impact wetlands, streams, or floodplains often requires permits and inspections from NHDES and may be subject to Manchester Conservation Commission review.
  • Floodplain Management - The City of Manchester has adopted floodplain development standards to protect public safety and minimize flood damage risk.
  • Drinking Water Supply - The Manchester Water Works manages the public drinking water system and compliance with state and federal drinking water standards, including lead and PFAS testing.

Frequently Asked Questions

What are my rights if my property has a stream or pond in Manchester?

In New Hampshire, surface waters such as streams and ponds are publicly owned, but you may have rights to reasonable use, subject to state regulations and local restrictions to preserve water quality and flow.

Can I drill a well on my property?

Well drilling is subject to state permitting requirements. You must ensure compliance with NHDES guidelines and may need municipal approval depending on the property's zoning and proximity to public water supplies.

What should I do if I discover contamination in my well water?

Contact the New Hampshire Department of Environmental Services and have your water tested. A Water Law attorney can help you understand your rights and take action if a third party is responsible for contamination.

Do I need a permit for landscaping or construction near a wetland?

Most activities that alter wetlands or their buffers require state and often local permits. Unauthorized work can result in fines and restoration orders.

Who is responsible for stormwater runoff issues?

Responsibility for stormwater management is shared. Property owners must adhere to city and state regulations about grading and runoff. The city also operates a stormwater system and may enforce compliance measures.

Can my neighbor divert water from a stream or pond that runs between our properties?

No one can lawfully divert or obstruct water flow in a way that damages neighbor properties or violates local and state regulations. Legal action may be an option if your rights are impacted.

What should I do if I receive a notice about a violation from the city or NHDES?

Consult a lawyer experienced in Water Law immediately. Do not ignore the notice, as fines and enforcement actions can escalate quickly.

How are floodplain regulations enforced in Manchester?

Manchester's Planning and Development departments enforce floodplain zoning and development standards to reduce flood risks. Violations can halt projects or lead to penalties.

What protections are there for public drinking water sources?

Manchester Water Works, along with NHDES, monitors and regulates public water supplies to ensure compliance with state and federal safety standards.

Are there special considerations for businesses regarding water use or discharge?

Yes, businesses must follow city, state, and federal rules regarding water use, discharge reporting, and pollution controls. Permits may be needed for certain activities, and failure to comply can result in significant penalties.

Additional Resources

If you need more information or assistance, the following organizations and agencies are valuable resources for Water Law matters in Manchester, United States:

  • New Hampshire Department of Environmental Services (NHDES)
  • Manchester Water Works
  • Manchester Conservation Commission
  • City of Manchester Department of Public Works
  • U.S. Environmental Protection Agency (EPA) - Region 1 (New England)
  • New Hampshire Bar Association - Lawyer Referral Service
  • New Hampshire Legal Assistance (for qualifying low income residents)

Next Steps

If you are facing a Water Law issue in Manchester, it is important to gather any relevant documents such as notices, permits, correspondence, and property records. Identify the exact nature of your problem and the potential impact on your property, business, or health. Then, consider reaching out to a lawyer or legal service specializing in Water Law for a consultation. An attorney can review your case, help you understand your rights and obligations, and guide you through any legal proceedings or regulatory compliance steps. Taking prompt action can protect your interests and help resolve disputes before they escalate.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.