Frequently Asked Questions for the SWP Grant Program

The State of New Hampshire sued the manufacturers of a gasoline additive called methyl tertiary butyl ether (MtBE), because it contaminated the state’s drinking water and groundwater. All of the manufacturers settled, except for ExxonMobil, who went to trial and was found guilty. The State was awarded $276 million, which established the Drinking Water and Groundwater Trust Fund (DWGTF). The DWGTF is administered by the Drinking Water and Groundwater Advisory Commission (Advisory Commission) through the New Hampshire Department of Environmental Services (NHDES).

The goal of the program is to support projects that sustain safe and healthy drinking water to public water systems through permanent protection and effective stewardship. There are several factors the Advisory Commission uses to evaluate projects and determine funding awards. Projects that meet multiple criteria will rank higher.

• The total acreage of high-priority water supply lands that will be protected.
• The number of drinking water sources to be protected.
• Letters of support from affected community and public water system(s) for the proposed project.
• Proximity of the project to an active drinking water supply well or intake.
• Land conservation, regional or watershed plan that identifies the project area as a high priority for conservation, especially for drinking water supply or water quality protection.
• Documented source water protection measures in place by the affected public water system(s).
• Frontage on rivers, streams, tributaries, or other surface water related to the drinking water source.
• Water system type (municipal, community, etc.) and demographics of the population served.
• Value of expected match (percentage of total project costs) in excess of 50%.
• Documented efforts to secure outside funding sources.
• Project readiness, demonstrated by a detailed and reasonable funding plan and project budget, willingness of the landowner to proceed and accept the program’s conditions, and a completed appraisal.
• Documented development pressure in the vicinity of the project that would degrade the drinking water source.

Projects that permanently protect “high-priority water supply lands” or a future drinking water supply source are eligible.

Any state agency or municipality, public water system, land trust or other nonprofit that has conservation as one of its goals, or other entities approved by the Advisory Commission.

Grant recipients must enter into a grant agreement with NHDES, subject to approval by the New Hampshire Governor and Executive Council (G&C) before the award is secured. NHDES will coordinate with grant recipients to obtain the necessary materials, and NHDES will submit the materials to G&C for approval. Grant recipients must complete their project by the completion date in the grant agreement, typically within two years after G&C approves the project for funding.

Projects that do not contain “high-priority water supply lands” are not eligible. Restoration projects are not eligible. Land that is already developed or permanently protected is not eligible.

“High-priority water supply lands” are defined by NHDES as:

• Wellhead Protection Areas (WHPA) for an active well used by a public or community water system.
• Hydrologic Areas of Concern (HAC) within an active water supply watershed used by a public or community water system.
• High-Yield Stratified Drift Aquifers classified under RSA 485-C:5 as class “GA2.”
• Lands that the Advisory Commission or a subcommittee of the commission determines are likely to benefit a future public or community water supply system.

The grant recipient places a conservation easement or deed restrictions on the property to ensure it will be protected for its drinking water values. The conservation easement or deed restrictions describe what the landowner can and cannot do on the land. The grant recipient conducts annual inspections on the land or easement area, so that its drinking water values are maintained in perpetuity.

Land protected through the Source Water Protection Program can only be used for drinking water supply protection, agriculture, forestry, outdoor recreation or wildlife habitat. Land must be undeveloped or restored to an undeveloped condition as part of the project.

• No industrial or commercial activities.
• No land alterations, such as filling, excavating, mining or dredging.
• No disposal or storage of solid or hazardous wastes.
• No motorized vehicles for recreational purposes, except snowmobiles under certain conditions.
• No acts that would degrade the water quality, cause an unsustainable yield of water to be withdrawn, or harm state or federally recognized rare, threatened or endangered species.

Yes, by placing a conservation easement on your property, as the landowner you will still own your land.

There are vegetative buffer requirements for projects whose eligibility depends on the protection of a surface water source (e.g. agricultural lands not in a natural state along a river, stream, tributary or other surface water that uses that surface water as a source for public drinking water). There are no vegetative buffer requirements for projects along rivers, streams, tributaries or other surface waters that are not used as a source for drinking water.

Yes, trails are allowed on source water protection lands.

No, the Source Water Protection Grant Program does not require public access.

Eligible projects costs are costs of all activities associated with the project and other related costs as approved by the Advisory Commission.

Yes, at least 50% of the total project costs must be provided in matching funds. Awards are capped at $500,000, unless a waiver is obtained from the Advisory Commission.

The Advisory Commission or its subcommittee evaluates all projects for possible future sources. Applicants must submit a pre-application that describes the details of how the community selected the site as a future water source, along with supporting studies, reports, analyses, data and other documentation.

A subcommittee of the Advisory Commission reviews the applications, conducts site visits and ranks projects using the evaluation criteria in the commission’s Source Water Protection Grant Program Rules. The subcommittee recommends approval of projects for each grant award. The Advisory Commission votes to determine which projects receive funding and in what amounts.

• Early to Late Spring – NHDES announces the source water protection grant round.
• Early to Mid-June – Pre-applications due.
• Late June – NHDES reviews pre-applications and invites applicants to submit full applications.
• End of August – Full application due.
• September and October – Subcommittee members attend site visits.
• Mid to Late October – Subcommittee meets to review projects and make funding recommendations.
• Mid-November – Advisory Commission votes to award funding.
• December – NHDES announces awards. 

• Property appraisal.
• Property survey.
• Title examination.
• Environmental site assessment, if required by Env-Dw 1002.20(b).
• Baseline documentation report.
• Conservation easement, deed eestrictions or grant agreement.
• Stewardship plan.