Although SB 11 has passed the Senate, it is still being considered in the House and won’t be subject to a full vote until May 22, 2013.
The bill was sponsored by Sen. Stiles, Dist 24; Sen. Prescott, Dist 23; Rep. Abrami, Rock 19; Rep. Copeland, Rock 19; Rep. Schlachman, Rock 18; Rep. Flockhart, Rock 18; Rep. Lovejoy, Rock 36 who represent Exeter and Stratham.
The first question that comes to mind is, why do Exeter and Stratham need this legislation which “permits municipalities to establish water and/or sewer utility districts and to enter into intermunicipal agreements for the establishment of such districts” considering that the Merrimack Valley Water District has been in existence since 2004 by virtue of RSA Statutes: Chapter 53-A, Chapter 33-B, Chapter 38, and Chapter 362? The towns of Bedford, Pelham, Litchfield, Londonderry, Amherst, Pittsfield, and Nashua are members.
It didn’t take long for this entity to try to usurp property rights from its member towns. In 2005 we saw then Representative Michael Scanlon (R) from Bedford (and then-Chairman of the Water District) file this bill: HB 572
HB 572 could have had dire consequences for homeowners. HB 572 would have allowed the “Merrimack Valley Regional Water District” to take control of the private wells of the residents of these towns by eminent domain.
There is language in the SB 11 that states that by virtue of the general court, water would be “determined” and “declared” a “public” resource — does this mean the state would own all the water in NH, including the water under private property?
The bill also allows for the right of the water “district” to tax property owners within the district. Which property owners might these be? ALL property owners in the district or just those who are hooked into any water processing and waste water treatment plants that might be built?
And what would keep this “district” from levying a tax on homeowners, assessed by the amount of water that runs off impervious surfaces such as roofs, driveways, and walkways?
Just as the newly revived Regional Planning Commissions have been viewed as a threat to some property rights, Regional Water Districts seem to be yet another layer of bureaucracy that would add to that threat.
UPDATE: SB 11 will go to full house vote sometime next week (May 22 was put off)