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Water Law in New Hampshire refers to the legal principles and regulations governing the ownership, use, allocation, and management of water resources within the state. New Hampshire's water resources are critical for drinking, recreation, agriculture, industry, and environmental protection. The state regulates both surface water and groundwater, with a focus on preserving the quality and sustainability of water supplies. Water Law combines elements of state statutes, local ordinances, federal regulations, and common law doctrines.
Navigating Water Law can be complex due to overlapping local, state, and federal requirements. You may need a Water Law attorney if you are involved in situations such as:
Lawyers experienced in Water Law can help clarify rights, ensure compliance, represent you in disputes, and advocate on your behalf in administrative or court proceedings.
New Hampshire's Water Law is shaped by both unique local doctrines and general principles recognized throughout the United States. Key aspects include:
Because water issues can cross property lines and jurisdictional boundaries, it's important to be familiar with both state law and local regulations in your municipality.
Surface water rights are generally governed by riparian doctrine, meaning landowners abutting a water body have rights to reasonable use. Groundwater use is regulated more strictly, especially for large withdrawals, and may require state permits.
Most private wells require notifications to or permits from the New Hampshire Department of Environmental Services. Large withdrawal wells, such as those for irrigation or development, are subject to additional permitting and regulation.
A riparian right grants property owners bordering a river, stream, or lake the ability to make reasonable use of the water, provided it does not unreasonably harm other riparian owners or the ecosystem.
Diverting natural waterways is highly regulated. Unauthorized alterations can result in enforcement actions and fines. You must seek approval and permits from the state and, often, your local municipality before taking any action.
Disputes are often resolved through negotiation or mediation, but can escalate to court if agreements cannot be reached. A Water Law attorney can help protect your interests and seek a fair resolution.
Both individuals and businesses have duties to avoid contaminating water resources. This includes proper management of septic systems, avoiding illegal dumping, and complying with regulations regarding hazardous substances.
The New Hampshire Department of Environmental Services is the primary state authority for water quality issues, issuing permits, monitoring compliance, and taking enforcement action when necessary.
Yes, wetlands are protected under state law. Activities that may impact wetlands or their buffer zones require review and permits from state and possibly federal authorities.
You should notify the New Hampshire Department of Environmental Services, test your water, and seek professional guidance to address the contamination and determine liability or available remedies.
Municipalities in New Hampshire often have additional restrictions or permitting requirements that supplement state law, especially for floodplain management, stormwater control, and land development near water bodies.
If you need further information or assistance regarding Water Law in New Hampshire, consider reaching out to:
If you are facing a challenge involving Water Law in New Hampshire, it is important to act promptly. Assess your situation and gather any relevant documentation, including permits, correspondence, and test results. Reach out to a qualified Water Law attorney who understands state and local regulations. You may also contact local or state agencies for guidance. Early legal advice can help you avoid costly mistakes, protect your rights, and work towards a practical resolution. If you are unsure where to start, consider consulting the New Hampshire Bar Association for a referral to an attorney who specializes in Water Law.
