An Act To Create a Maine Agricultural Water Source Development and Management Program
Maine Legislature, Session 122, LD 1803
Committee: Agriculture, Conservation and Forestry
Sponsors: WESTON, RA YE, CARR
Amends: 38 MRSA §450-A, 7 MRSA §351, 7 MRSA §352

Legislative Document 
No. 1803 
S.P.720 
In Senate, December 30, 2005 
An Act To Create a Maine Agricultural Water Source Development 
and Management Program 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 28, 2005. Referred to the Committee 
on Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 218. 
Presented by Senator WESTON of Waldo. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator: RA YE of Washington, Representative: CARR of Lincoln. 
Printed on recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies: and 
Whereas, the Legislature declares its intent that the State 
plan, regulate and control the prudent use of the waters of the 
State under the laws of Maine to protect the public health, 
safety and welfare: and 
Whereas, the 
Legislature 
finds 
that 
the 
use 
of 
water 
resources of the State for agricultural purposes is of vital 
importance 
to 
the 
public health, 
safety, 
food 
security 
and 
economic well-being of the State: and 
Whereas, 
the 
use 
of 
water 
resources 
during 
drought 
conditions may interfere with public and private rights and may 
cause severe economic damage to agriculture: and 
Whereas, the wise use of water resources, the protection of 
stream flows and the economic well-being of the State will be 
furthered by the proper development and use of sustainable water 
sources; and 
Whereas, the wise use of water resources, the protection of 
stream flows and the economic well-being of the State will also 
be 
served by 
a 
program providing incentives 
to ensure 
that 
certain agricultural lands are not injured by drought: and 
Whereas, the health, safety and food security of the people 
of the State require adequate and affordable local agricultural 
products and services from Maine farmers; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
4.6 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRS A §12004-G, sub-§3-D is enacted to read: 
3-D. 
Agriculture 
Maine 
Agricultural 
Water 
Management 
Board 
Expenses 
Only 
MRSA 
§450-A 
Sec. 2. 7 MRSA §351, as enacted by PL 2005, c. 150, §2, is 
amended to read: 
Page l-LR2861(1) 
, 
.. 
§35l. 
Agricultural Water Management and Irrigation Fund 
1. 
Fund; established. 
The Agricultural Water Management 
and Irrigation Fund, referred to in this chapter as "the fund," 
is 
established 
as 
a 
nonlapsing 
fund 
in 
the 
Department 
of 
Agriculture, Food and Rural Resources. 
The e9ffiffiissi98e~ ~ 
may accept money for the fund from any public or private source 
and make expenditures from the fund for the purpose of improving 
the 
use 
of irrigation in agriculture 
and 
the 
use 
of water 
resources in animal agriculture. 
2. 
Administration. 
The 
eaffiffiissia8e~ ~ 
shall administer 
the fund. 
3. 
Rulemating. 
The 
eaffiffiissi98e~ board shall adopt rules to 
carry out the purposes of this section. 
Rules adopted pursuant 
to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
4. 
Report. 
The 
eaffiffiissia8e~ board shall submit an annual 
report on March 1st to 
the joint standing committee of the 
Legislature having jurisdiction over agricultural matters. 
The 
report must include a summary of money available in the fund, the 
use of the fund and the status of agricultural irrigation in the 
State. 
Sec. 3. 7 MRSA §352 is enacted to read: 
§352. 
Agricultural water management program 
1. 
Definitions. 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
~Agricult1J.ral water use management plan" means a written 
document that outlines how farm water is stored, managed and 
used on the farm for which the plan is written. 
B. 
"Board" means the Maine Agricultural Water Management 
Board, established in Title 
5, section 12004 G, subsection 
3-D. 
2. 
Duties of the commissioner. 
The 
commissioner 
shall 
implement a program to promote responsible development and USe of 
farm 
water 
sources 
in 
accordance 
with 
this 
chapter. 
The 
commissioner has the powers and duties as established in this 
section and shall oversee the board. 
3. 
Agricultural water use management plans. 
In accordan~ 
with Title 
5, 
chapter 
375, 
the board shall adopt rules 
to 
establish 
m~n~mum 
requirements 
for 
agricultural 
water 
use 
management plans, processes for review of the agricultural water 
use management plans and for periodic revisions to agricultural 
water use management plans and methods to determine compliance 
~ith agricultural water 
use management plans. 
Rules 
adopted 
pursuant to this 
subsection are 
routine 
technical 
rules 
as 
defined in Title 5, chapter 375, subchapter 2-A. 
The board shall 
maintain 
a 
list of 
farms 
that have 
agricultural water 
use 
management 
plans 
based 
on 
the 
farms 
registered pursuant to 
subsection 5. 
4. 
Ed~~i~~~l outreach. 
The commissioner shall conduct an 
educational outreach program for the agricultural community to 
increase awareness of the provisions of this chapter and the need 
for water management planning. 
The commissioner shall inform the 
public about water-related issues and the department's efforts to 
address water-related issues. 
5. 
Agricultural water use management plan required. 
A 
person who owns or operates a farm concerning which a verified 
complaint of improper agricultural water use has been registered 
with the department shall develop 
an agricultural water 
use 
management plan for that farm and shall implement the provisions 
in that plan. 
The agricultural water use management plan must 
address the storage of water and utilization of all farm water 
sources to be used. 
Sec. 4. 38 MRSA c. 3, sub-c. 1, Art. 2-C is enacted to read: 
ARTICLE 2-C 
MAINE AGRICULTURAL WATER MANAGEMENT BOARD 
§450-A. 
Maine Agricultural Water Management Board 
1. 
Membe~ship. 
The 
Maine 
Agricultural Water 
Management 
Board, as established by Title 5, section 12004-G, subsection 3-D 
and referred to in this article as "the board," consists of 5 
members, who must be residents of the State. 
2. 
Terms. 
The first board is appointed by the Commissioner 
of Agriculture, Food and Rural Resources. 
The terms of the first 
board are governed by Title 35-A, section 6410, subsection 4. 
After the first appointment of the first board, 
members are 
appointed for 3-year terms. 
3. 
COlllP.e.D.tiJ)tiQn. 
Board 
members 
are 
compensated 
in 
accordance with Title 5, chapter 379. 
.. 
• 
4. 
Responsibilities. 
The board shall develop. manage and 
regulate 
all 
agricultural 
water 
source 
developments 
and 
withdrawals in the State. 
The board is authorized to establish 
~ithdrawal limits for agricultural water withdrawals based on 
historical use or. 
for 
new users. 
based on calculated water 
budgets to prevent drought stress on crops or livestock. 
The 
board also has all the powers and authority provided in Title 7. 
chapter 13. 
Sec. S. Continue to provide water. 
Nothing in this Act is 
intended to alter or affect or may be interpreted as altering or 
affecting any state water district's continuing to provide water 
service to its existing customers. 
Any farmer who wishes to join 
with the Maine Agricultural Water Management Board, established 
in 
the 
Maine 
Revised 
Statutes. 
Title 
5. 
section 
12004-G, 
subsection 3-D, to develop a new water source on the farmer's 
private property may do so in addition to participating in an 
existing state water district. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This 
bill 
establishes 
an 
agricultural 
water 
source 
development and management program to ensure that .agricultural 
producers have access to water for crop and livestock needs, 
especially during agricultural droughts. 
This bill also establishes the Maine 
Agricultural Water 
Management Board .