An Act To Establish the Maine Agricultural Water Management Board and the Sustainable Agricultural Water Source Program Further amend the bill by striking out all of the emergency preamble and inserting in its place the following: 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 resources for the importance to the State; and Legislature finds that the use of water State for agricultural purposes is of vital food security and economic well-being of the 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, the Legislature finds the protection of the rivers, streams and brooks necessary for a healthy riverine ecosystem and a healthy population of aquatic life; and Page 1-LR2860(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1776
Committee Amendment CA_A_S540 (Senate)

COMMITTEE AMENDMENT .. It" to S.P. 693, L.D. 1776, Bill, "An 
Act To Establish the Maine Agricultural Drought Protection Act" 
Amend the bill by striking out the title and substituting 
the following: 
. An Act To Establish the Maine Agricultural Water Management 
Board and the Sustainable Agricultural Water Source Program' 
Further amend the bill by striking out all of the emergency 
preamble and inserting in its place the following: 
'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 
resources for the 
importance to the 
State; and 
Legislature 
finds 
that 
the 
use 
of 
water 
State for agricultural purposes is of vital 
food security and economic well-being of the 
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, the Legislature finds the protection of the rivers, 
streams and brooks necessary for a healthy riverine ecosystem and 
a healthy population of aquatic life; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "J", to S.P. 693, L.D. 1776 
Whereas, the wise use of water, the protection of stream 
flow and the economic well-being of the State will be furthered 
by proper water use management; 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, I 
Further amend the bill in section 1 by striking out all of 
subsection 3-D and inserting in its place the following: 
'3_D. 
Agriculture 
Maine 
Agricultural 
Water 
Management 
Board 
Expenses 
Only 
MRSA 
~' 
Further amend the bill by striking out all of section 2 and 
inserting in its place the following: 
I Sec. 2. 7 MRSA §§352 and 353 are enacted to read: 
§352. Maine Agricultural Water Management Board 
The Maine Agricultural Water Management Board is established 
in Title 5, section 12004-G, SUbsection 3-D and referred to in 
this section and section 353 as "the board." 
1. 
Memhftrship. 
All members of the board must be residents 
of this State. The board consists of 9 members as follows: 
A. 
Five members appointed by the commissioner, consisting 
of: 
(1) 
A potato producer: 
(2) 
A wild blueberry producer: 
(3) 
A small fruit or vegetable grower: 
(4) 
A producer of ornamental crops: and 
(5) 
A livestock producer: 
B. 
Three members appointed by the Governor, consisting of: 
COMM/rrEE AMENDMENT 
'.-
'~r.' ~;;;:~ 
COMMITTEE AMENDMENT 'J(" to S.P. 693, L.D. 1776 
(1) 
A person 
with 
expertise 
in 
federal 
wetlands 
permitting: 
(2) 
A 
person 
with 
expertise 
in 
agricultural 
engineering and water use efficiency: and 
(3) 
A member of the general public: and 
C. 
The 
Commissioner of Environmental Protection or the 
commissioner's designee. 
2. 
Duties. 
The board, 
working in conjunction with the 
Department of Environmental Protection, shall: 
A. 
Oversee and coordinate the environmentally sound and 
affordable development of water sources for 9gricultural use: 
B. 
Make 
recommendations for 
improvements to federal and 
state permitting processes for the development of farm ponds 
and other water sources for agricultural use: 
C. 
Work 
to 
secure 
funding 
for 
the 
construction 
of 
environmentally 
sound, 
efficient 
and 
affordable 
water 
sources for agricultural use: 
D. 
Use data generated by water withdrawal reports under 
Title 38, section 470-D and other available information to 
prioritize watersheds needing 
alternative water sources for 
agricultural use and the allocation of funding: and 
E. 
Facili tate 
the 
implementation 
of 
the 
sustainable 
agricultural water source program under section 353. 
3. 
AgricuJ.tural water use management plans. 
In addition to 
its duties under subsection 2, the board shall develop a model 
for agricultural water use management plans including a list of 
issues to be addressed in each plan. 
The board shall assist 
agricultural users in the development of water management plans. 
For the purposes of this section and section 353, "agricultural 
water use management plan" means a written document that states 
the source of water and outlines how water is managed, including 
a method of storage, if needed, and how water is used on the farm 
for which the plan is written. 
4. 
Terms 
of 
membership: 
chair. 
Except 
for 
initial 
appointees under subsection 1, each member appointed serves for a 
term of 3 years. 
In the case of a vacancy, the Governor shall 
appoint a member to fill the unexpired term. The Governor and 
commissioner shall determine initial appointment terms to stagger 
COMMITTEE AMENDMENT 
.\"'.~~~:-: 
"-:."" 
" 
l4 
COMMITTEE AMENDMENT 
to S.P. 693, L.D. 1776 
term expirations. 
The board shall annually elect one of its 
members as chair. 
5. 
Compensation. 
Members of the board are entitled to 
expenses only. 
6. 
Staff. 
The department shall provide staff to the board. 
7. 
Meetings. 
The board shall meet as needed to perform its 
duties. 
§353. 
Sustainable agricultural water source program 
The board shall work with the department and the Department 
of Environmental Protection to facilitate implementation of the 
sustainable agricultural water source program in accordance with 
this 
section. 
The 
Board 
of 
Environmental 
Protection 
shall 
determine 
flow 
standards 
through 
rulemaking 
authorized 
under 
Title 38, section 470-H. 
1. 
Site-specific standards. 
Upon reguest of the board,~ 
department or a person using or proposing to use surface waters 
for 
agricultural 
purposes, 
the 
Department 
of 
Environmental 
Protection shall determine site-specific flow standards and water 
levels for a water body used or being considered for use as a 
water source for agriculture. 
2. 
Complim;!,cg 
date 
for 
water 
use 
standards. 
An 
agricultural producer has 
years from the effective date of 
rules adopted under Title 38. section 470-H to meet the standards 
e§tabli§hed in those ryles if that agricultural prog,ucer is: 
A. 
An 
agricultural 
prodycer 
who 
has 
filed 
or 
whose 
predecessor had filed a water use report under Title ~ 
section 470-D prior to Decembgr l§t of the year in which 
rules authorizeg, by Title 38. 
section 470-H are finally 
ag,optgg,: or 
B. 
An agricultural producer who can otherwise document a 
hi§tory of agricultural water use at the site prior to 
December 1st of the year in which rules authorizgd by Title 
38. section 470-H are finally adopted. 
An 
agricyltyral producer who 
has or whose predeces§or had 
a 
permit or volyntary agreement establishing withdrawal limits must 
ag,here 
to 
those 
limits 
for 
the 
5-year 
period or yntil 
in 
compliance with the standards established in rule. 
COMMITTEE AMENDMENT 
· ~.' 'j:-: 
COMMITTEE AMENDMENT "A" to S.P. 693, L.D. 1776 
For the purposes of this subsection, "predecessor" means a person 
who preceded an agricultural producer in the ownership or use of 
a parcel of land. 
3. 
Assistance 
to agricultural 
producers. 
Agricultural 
producers may seek assistance from the board for the development 
of sustainable water sources, 
including permitting assistance 
where 
applicable. 
An 
agricultural 
producer 
must 
have 
an 
agricultural 
water 
use 
management 
plan 
prior 
to 
rece~v~ng 
financial support for the development of an alternative water 
source. 
4. 
Compliance extension. The Department of Environmental 
Protection, 
upon 
recommendation 
of 
the 
board, 
may 
grant 
an 
extension beyond the original 5 years to an agricultural producer 
who qualifies for the 5 year compliance date under subsection 2 
and has a strategy for compliance with the rules authorized by 
Title 38. section 470-H if: 
A. 
The agricultural producer requesting the extension has 
an agricultural water use management plan consistent with 
the board's model developed under section 352. subsection 3; 
B. 
The agricultural water use management plan identifies 
water storage options 
for 
the agricultural producer 
and 
alternative water sources; 
C. 
The agr icul tural producer has applied for funding and 
permits as needed; 
D. 
The agricultural producer has implemented all feasible 
water use reduction options that are consistent with the 
agricultural water use management plan; 
E. 
The 
agricultural 
producer 
has 
complied 
with 
water 
withdrawal 
limits established in an existing permit or 
voluntary agreement; and 
F. 
Unforeseen or exceptional circumstances. such as weather 
events. delays in federal permitting or federal cost-share 
funding, have prevented implementation of the agricultural 
water use management plan. 
5. 
Enforcement. 
The board shall eXamine water withdrawals 
for agricultural uses that result in a violation of flow rates or 
water 
levels. 
consider 
any 
unforeseen 
or 
exceptional 
circumstances of the agr icul tural producers. withdrawing water 
from the water bodies and make recommendations to the Department 
of Environmental Protection regarding compliance. Nothing in the 
responsibili ties or actions of the board limits the enforcement 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to S.P. 693, L.D. 1776 
or 
compliance 
authority 
of 
the 
Department 
of 
Environmental 
Protection under Title 38. 
6. 
Biennial report. 
The board shall submit a report on the 
sustainable 
agricultural 
water 
source 
program 
to 
the 
joint 
standing committee of the Legislature having jurisdiction over 
agricultural matters and the joint standing committee of the 
Legislature having jurisdiction over natural resources matters by 
January 30th of odd-numbered years beginning January 30, 2007. 
The committees of jurisdiction shall review this report together 
with the annual report on all aspects of water use for that year 
required under Title 38, section 470-G. ' 
SUMMARY 
This 
amendment establishes 
the 
Maine 
A~ricultural Water 
Management Board and the sustainable agricultural water source 
program. 
The 
amendment 
details the 
responsibilities of 
the 
board, the Department of Agriculture, Food and Rural Resources 
and the Department of Environmental Protection. 
FISCAL \OTE REQURED_ 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/29/06 :::'b?aC!. 
LD 1776 
LR2860(02) 
An Act To Establish the Maine Agricultural Drought Protection Act 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs associated with providing detenninations on flow issues and other responsibilities can be 
absorbed by the Department of Environmental Protection utilizing existing budgeted resources. In addition, the costs 
of paying for the board-related expenses of board members of the Maine Agricultural Water Management Board can 
be absorbed by the Department of Agriculture, Food and Rural Resources utilizing existing budgeted resources. 
LR2860(2) - Fiscal Note - Page 1 of 1