An Act To Manage Water Resources LR0045(02)
Maine Legislature, Session 121, LD 0491
Committee Amendment CA_A_H136 (House)
Amends: 22 MRSA §2660-A

COMMITTEE AMENDMENT ,,4 .. to H.P. 380, L.D. 491, Bill, "An 
Act To Manage Water Resources" 
Amend the bill by striking out everything after the enacting 
clause and before the sWllIllary and inserting in its place the 
following: 
'Sec. 1. 22 MRSA §2660-A, sub-§3, as amended by PL 1997, c. 
587, §2, is repealed and the following enacted in its place: 
3. 
Appeal.. 
The commissioner. after consultation with the 
Public Utilities 
Commission. 
the Department of 
Environmental 
Protection and the State Geologist, may authorize transport of 
water for commercial purposes if the commissioner finds that: 
A. 
Transport of the water will not constitute a threat to 
public health. safety or welfare; 
B. 
Water is not available naturally in the location to 
which it will be transported; 
C. 
Failure to authorize transport of the water would create 
a substantial hardship to the potential recipient of the 
water; and 
D. 
For a source not otherwise permitted by the Department 
of Environmental Protection. the water withdrawal will not 
adversely affect existing uses of groundwater or surface 
water resources. including private wells. 
Page l-LR0045(2) 
COMMITTEE AMENDMENT 
~~. 
~.(S 
COMMITTEE AMENDMENT ,if" to H.P. 380, L.D. 491 
Any authorization under this subsection is for a period not to 
exceed 3 years but may be renewed subject to the same criteria. 
The department may adopt rules necessary for the implementation 
of this subsection. 
The rules may include imposition of a fee to 
cover 
the costs of providing permits. 
including 
any 
impact 
studies required by the department. 
Rules adopted pursuant to 
this subsection are major substantive rules as defined in Title 
5. chapter 375. subchapter 2-A.' 
SUMMARY 
This amendment adds a 4th standard of review for bulk water 
transport appeals submitted to the Department of Human Services. 
These standards are intended to protect public and private uses 
of Maine's groundwater and surface water resources. 
The 
new 
standard provides that, 
for 
a 
source that is not otherwise 
permitted by the Department of Environmental Protection, 
the 
water withdrawal 
must not adversely affect existing uses of 
groundwater or surface water resources. 
The 
Commissioner of 
Human Services is directed to consult with the Department of 
Environmental Protection in addition to the Public Utilities 
Commission and the State Geologist regarding an appeal. 
Rules 
adopted by the Department of Human Services to implement the 
subsection are major substantive rules. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/03/03 ~ac::.. 
121st l\laine Legislature 
Office of Fiscal and Program Review 
LD491 
An Act To Manage Water Resources 
LR0045(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Department of Human Services, the Department of Environmental Protection, the Public 
Utilities Commission, and the State Geologist, resulting from this bill can be absorbed utilizing existing resources. 
T .R004"'i('») - Fi!':c-lll Note - Pape 1 of 1