Resolve, Directing the Department of Enviroumental Protection To Recognize the Distinction between Water Storage Reservoirs and Batural Lakes Further amend the bill by striking out everything after the title and before the summary and inserting in its place the following: Whereas, the Maine Revised Statutes, Title 38, section 464, subsection requires the Department of Environmental Protection, Board of Environmental Protection to adopt rules necessary to implement the water quality classification system; and Whereas, the rules must include sampling and analytical methods, protocols and procedures for satisfying the water quality criteria, including evaluation of the impact of any discharge on the resident biological community; and Whereas, Title 38, section 464, subsection 9 provides that certain hydropower projects that do not attain the habitat and aquatic life criteria of Title 38, section 465-A must, at a minimum, satisfy the Class C aquatic life criteria contained in Title 38, section 465, subsection 4, paragraph C; and Whereas, the Class C aquatic life criteria contained in Title 38, section 465, subsection 4, paragraph C allow some changes to aquatic life as long as the receiving waters are of Page l-LRl717(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 1059
Committee Amendment CA_A_H283 (House)

COMMITTEE AMENDMENT ,,//.. to H.P. 777, L.D. 1059, Bill, "An 
Act Regarding Water Storage Reservoirs" 
Amend the bill by striking out the title and substituting 
the following: 
'Resolve, Directing the Department of Enviroumental Protection To 
Recognize the Distinction between Water Storage Reservoirs and 
Batural Lakes' 
Further amend the bill by striking out everything after the 
title and before the summary and inserting in its place the 
following: 
'Whereas, the Maine 
Revised Statutes, Title 38, 
section 
464, 
subsection 
requires 
the 
Department 
of 
Environmental 
Protection, 
Board of Environmental Protection to adopt rules 
necessary to implement the water quality classification system; 
and 
Whereas, the rules must include sampling and analytical 
methods, 
protocols 
and 
procedures 
for 
satisfying the 
water 
quality criteria, 
including evaluation of the 
impact of 
any 
discharge on the resident biological community; and 
Whereas, Title 38, section 464, subsection 9 provides that 
certain hydropower projects that do not attain the habitat and 
aquatic life criteria of Title 38, 
section 465-A must, at a 
minimum, satisfy the Class C aquatic life criteria contained in 
Title 38, section 465, subsection 4, paragraph C; and 
Whereas, the Class C aquatic life criteria contained in 
Title 38, 
section 465, 
subsection 4, paragraph C allow some 
changes to aquatic life as long as the receiving waters are of 
Page l-LRl717(2) 
COMMITTEE AMENDMENT 
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~ 
COMMITTEE AMENDMENT "fl:, to H.P. 777, L.D. 1059 
sufficient quality to support all species of fish indigenous to 
the receiving waters and maintain the structure and function of 
the resident biological community; and 
Whereas, the fact that water storage 
natural 
lakes 
should 
be 
recognized 
when 
quality classifications; and 
reservoirs are not 
implementing 
water 
Whereas, many water storage reservoirs were authorized by 
legislative charter for the purpose of storing and releasing 
water for in-stream purposes and downstream uses; now, therefore, 
be it 
Sec. 1. Water storage reservoirs; rules. Resolved: 
That the 
Department of Environmental Protection, Board of Environmental 
Protection shall adopt rules under the Maine Revised Statutes, 
Title 38, section 464, subsection 5 relating to protocols and 
procedures for evaluation of the resident biological community in 
water storage reservoirs. 
In adopting the rules, the Board of 
Environmental 
Protection shall 
recognize 
that 
water 
storage 
reservoirs are artificial and are not natural water bodies, and 
the rules must ensure that the existing uses of water storage 
reservoirs are maintained and protected. 
In issuing licenses, 
permits and certifications prior to final adoption of the rules, 
the Department of Environmental Protection shall recognize that 
water storage reservoirs are artificial and are not natural water 
bodies and shall ensure that the existing uses of water storage 
reservoirs are maintained and protected. 
The goal of the rules 
and any license, permit or certification must be to require that 
the structure and function of the resident biological community 
that must be maintained in a water storage reservoir is the 
structure and function that would be expected to exist in a water 
storage reservoir with a drawdown of similar magnitude. 
As used 
in this resolve, "water storage reservoir" means an impoundment 
associated with a hydropower project, as defined by Title 38, 
section 632, that was in existence prior to November 28, 1975, 
was not primarily lacustrine in its natural state, is classified 
under Title 38, section 465-A and is managed to store and release 
water 
on 
an 
annual 
cycle 
to 
benefit 
downstream 
hydropower 
generation •• 
SUMMARY 
This 
amendment 
replaces 
the bill with 
a 
resolve. 
The 
amendment requires the Department of Environmental Protection, 
Board of Environmental Protection, when adopting rules relating 
to protocols 
and 
procedures 
for 
evaluation of 
the 
resident 
biological community in water storage reservoirs, to recognize 
that water storage reservoirs are artificial and are not natural 
COMMITTEE AMENDMENT 
C'W 
~ 
~ 
COMMITTEE AMENDMENT ,,(1:. to H.P. 777, L.D. 1059 
water bodies and to recognize and protect existing uses. 
The 
amendment 
also 
requires 
the 
Department 
of 
Environmental 
Protection, 
when issuing licenses, permits 
and certifications 
prior to final adoption of the rules, to recognize that water 
storage reservoirs are artificial and are not natural water 
bodies and to ensure that the existing uses of water storage 
reservoirs are maintained and protected. 
The amendment provides 
that 
the 
goal 
of 
the 
rules 
or 
any 
license, 
permit 
or 
certification must be that the structure and function of the 
resident biological community that must be maintained in a water 
storage reservoir is the structure and function that would be 
expected to exist in a water storage reservoir with a drawdown of 
similar magnitude. 
The 
amendment also defines "water storage 
reservoir." 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04129/03 ~ae 
Office of Fiscal and Program Review 
LD 1059 
Resolve, Directing the Department of Environmental Protection to 
Recognize the Distinction Between Water Storage Reservoirs and 
Natural Lakes 
LR 1717(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LRl717(2) - Fiscal Note - Page 1 of 1