An Act To Clarify and Harmonize State Policy on Groundwater Management
Maine Legislature, Session 122, LD 1643
Committee: Natural Resources
Sponsors: EBERLE, COWGER, CARR, COLLINS, DUPLESSIE, KOFFMAN, PINEAU, PIOTTI
Amends: 12 MRSA §685-B, 22 MRSA §2612, 22 MRSA §2660-A, 38 MRSA §484

Legislative Document 
No. 1643 
H.P.1158 
House of Representatives, May 3, 2005 
An Act To Clarify and Harmonize State Policy on Groundwater 
Management 
Reference to the Committee on Natural Resources suggested and ordered printed. 
If/~ 
/J1.7JJ~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative EBERLE of South Portland. (GOVERNOR'S BILL) 
Cosponsored by Senator COWGER of Kennebec and 
Representatives: CARR of Lincoln, COLLINS of Wells, DUPLESSIE of Westbrook, 
KOFFMAN of Bar Harbor, PINEAU of Jay, PIOTTI of Unity. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 12 MRSA §685-B, sub-§4, 1[C, as amended by PL 1973, 
c. 569, §11, is further amended to read: 
C. 
Adequate 
provision 
has 
been 
made 
for 
fitting 
the 
proposal harmoniously into the existing natural environment 
in order to assure there will be no undue adverse effect on 
existing uses, scenic characterT and natural and historic 
resources in the area likely to be affected by the proposalT 
aRe. 
In 
making 
Q. 
determination 
under 
this 
paragraph 
regarding 
development 
to 
facilitate 
withdrawal 
of 
groundwater, the commission shall consider the effects of 
the proposed withdrawal on waters of the State, as defined 
by Title 
38, 
section 361-A, 
subsection 7: 
water-related 
natural resources; 
and existing uses, 
including, but not 
limited to, public or private wells, within the anticipated 
zone of contribution to the withdrawal. 
In making findings 
under this paragraph, the commission shall consider both the 
direct effects of th~ proposed withdraw~nd its effects in 
combination with existing water withdrawals; 
Sec. A-2. 22 MRSA §2612, sub-§I, 1[D is enacted to read: 
D. 
The department may approve a new source of supply if the 
department determines that use of the source of supply as 
proposed would not have an undue adverse effect on waters of 
the State, as defined by Title 38, section 361-A, subsection 
7: 
water-related 
natural 
resources; 
and 
existing 
uses, 
including, 
but not limited to, public or private wells, 
within 
the 
anticipated 
zone 
of 
contribution 
to 
the 
withdrawal. 
In making findings under this paragraph, the 
department shall consider both the direct effects of the 
proposed water withdrawal and its effects in combination 
with existing water withdrawals. 
Sec. A-3. 22 MRSA §2660-A, sub-§3, 1[D, as enacted by PL 2003, 
c. 121, §1, is amended to read: 
D. 
For a source not otherwise permitted by the Department 
of Environmental Protection or the Maine Land Use Regulation 
Commission, the water withdrawal will not aeveF-s-el-y-a.f.feet; 
eHist;iR~--~~S--~--~~eQRewat;e~--9F--~~~-~~--F-eseQF-eeST 
iRelQei~-~~~~-we~~s have 
an undue adverse effect on 
waters of the State, as defined by Title 38, section 361-A, 
subsection 7: water-related natural resources: and existing 
uses, 
including, 
but not limited to, 
public or private 
wells, within the anticipated zone of contribution to the 
( 
" 
r 
withdrawal. 
In making findings under this paragraph, the 
commissioner shall consider both the direct effects of the 
proposed water withdrawal and its effects in combination 
with existing water withdrawals. 
Sec. A-4. 38 MRSA §484, sub-§3, 1fF is enacted to read: 
F. 
In 
making 
a 
determination 
under 
this 
subsection 
regarding 
a 
structure 
to 
facilitate 
withdrawal 
of 
groundwater, the department shall consider the effects of 
the proposed withdrawal on waters of the State, as defined 
by 
section 
361-A, 
subsection 
7: 
water-related 
natural 
resources: and existing uses, including, but not limited to, 
public or private wells, within the anticipated zone of 
contribution to the withdrawal. 
In making findings under 
this 
paragraph, 
the 
department 
shall 
consider both 
the 
direct effects of the proposed water withdrawal 
and its 
effects in combination with existing water withdrawals. 
PARTB 
Sec. 
B-1. 
Development 
of consistent 
hydrogeological 
review 
procedures. 
By January 1, 2006, the Department of Environmental 
Protection, 
the Maine Land Use Regulation Commission and the 
Department of Health and Human Services, in consultation with the 
Department of Agr icul ture, Food and Rural Resources, the Maine 
Geological Survey and other public or private entities or persons 
that they consider appropriate, shall: 
1. 
Review their existing administrative procedures 
and 
practices regarding review of development activities involving 
groundwater withdrawal: 
2. 
Develop and implement any changes to such administrative 
procedures and practices that are appropriate and necessary to 
establish a consistent, efficient and effective approach under 
their 
existing 
legal 
authority 
to 
review 
pertinent 
hydrogeological and related natural resources issues: and 
3. 
Submit 
a 
report to the Governor 
and Joint Standing 
Committee on Natural Resources summarizing actions taken pursuant 
to this section. 
Sec. B-2. 
Permit fees. 
The 
Department 
of 
Environmental 
Protection, 
the 
Maine 
Land 
Use 
Regulation 
Commission, 
the 
Department of Health and Human Services and the Maine Geological 
Survey shall each review their administrative costs of reviewing 
permit applications under the Maine Revised Statutes, Title 12, 
chapter 206-A: Title 22, chapter 601: and Title 38, chapter 3, 
article 6, 
including administrative costs associated with any 
required impact studies or monitoring and shall adjust pertinent 
permit application fees as appropriate to ensure that such fees 
are 
adequate 
to 
cover 
such 
administrative costs. 
Beginning 
January 15, 2008, the Department of Environmental Protection, the 
Maine Land Use Regulation Commission, the Department of Health 
and 
Human 
Services 
and 
the 
Maine 
Geological 
Survey 
shall 
biennially review their administrative costs of reviewing permit 
applications under Title 12, chapter 206-A; Title 22, 
chapter 
601; and Title 38, chapter 3, article 6, including administrative 
costs associated with any required impact studies or monitoring 
and report to the joint standing committee of the Legislature 
having 
jurisdiction 
over 
natural 
resources 
matters 
on 
the 
adequacy of such fees to cover pertinent administrative costs 
anticipated in the next biennium. 
Sec. B·3. 
Rulemaking. 
The 
Department 
of 
Environmental 
Protection, 
the 
Maine 
Land 
Use 
Regulation 
Commission, 
the 
Department of Health and Human Services and the Maine Geological 
Survey may adopt routine technical rules, as defined in the Maine 
Revised Statutes, 
Title 
5, 
chapter 
375, 
subchapter 
2-A, 
to 
establish 
a 
consistent, 
efficient 
and 
effective 
approach 
to 
review of pertinent hydrogeological and related natural resources 
issues or adjust permit fees as provided in sections 1 and 2 of 
this Part. 
PARTC 
Sec. C·1. Study of state regulation of groundwater withdrawal. 
The 
Land and Water Resources Council established in the Maine Revised 
Statutes, Title 5, section 3331 and referred to in this Part as 
"the council" shall undertake 
a 
study of current state 
law 
regarding regulation of withdrawal of groundwater. 
The purpose 
of the study is to identify any changes in state law needed to 
ensure a consistent, integrated and scientifically sound state 
policy that ensures that the withdrawal of groundwater does not 
have an undue adverse effect on waters of the State, as defined 
by 
the 
Maine 
Revised 
Statutes, 
Title 
38, 
section 
361-A, 
subsection 7; water-related natural resources; and existing uses, 
including, but not limited to, public or private wells, within 
the anticipated zone of contribution to the withdrawal. 
Sec. C-2. Oversight. 
The council shall begin the study under 
section 1 no later than October 1, 
2005. 
The study must be 
carried 
out 
under 
the 
direction 
of 
the 
council 
with 
work 
performed by an interagency staff work group, referred to in this 
Part as "the work group," composed of appropriate personnel from 
the Department of Environmental Protection, 
the Department of 
Agriculture, 
Food 
and 
Rural 
Resources, 
the 
Maine 
Land 
Use 
Regulation 
Commission, 
the 
Department 
of 
Health 
and 
Human 
, 
r 
Services' drinking water program, the Maine Geological Survey and 
the Executive Department, State Planning Office, in consultation 
with a project steering committee. 
The work group shall propose 
and the council shall review and approve both the composition of 
the 
project 
steering 
committee 
and 
a 
public 
outreach 
plan 
designed to ensure appropriate opportunity for public comment. 
The project steering committee must include members of the public 
with expertise in relevant fields of interest, including, but not 
limited to, agriculture, public water utilities, groundwater law 
and water bottling and sale. 
Sec. C-3. 
Staffing assistance. 
The 
Maine 
Geological 
Survey 
shall provide staff services to the council and serve as lead 
agency for purposes of management of the study at the council's 
direction. 
Sec. 
C-4. 
Issues 
to 
be 
considered. 
In 
developing 
its 
recommendations, the council shall: 
1-
Identify and review provisions under the Maine Revised 
Statutes, Title 12, chapter 206-A; Title 22, chapter 601; 
and 
Title 38, chapter 3, article 6, any other pertinent state laws 
that may trigger state regulation of a proposed withdrawal of 
groundwater; 
2. 
Review existing geological, hydrogeological and other 
related 
scientific 
information 
regarding 
Maine's 
groundwater 
resources in order to assess the efficacy of existing state law 
for ensuring that withdrawal of groundwater does not have an 
undue adverse effect on waters of the State as defined by Title 
38, section 361-A, subsection 7; water-related natural resources; 
and existing uses, 
including, 
but not limited to, 
public or 
private wells, within the anticipated zone of contribution to the 
withdrawal; 
3. 
Identify 
and 
assess 
criteria 
whether 
and 
how 
the 
State 
regulates 
withdrawal of groundwater, including, but 
to, the following: 
that 
should 
influence 
or 
otherwise 
manages 
not necessarily limited 
A. 
The quantity of proposed withdrawal; 
B. 
The 
hydrogeologic characteristics of the aquifer in 
which the proposed withdrawal will take place; 
C. 
The duration of the proposed withdrawal; 
D. 
The size of the land parcel on which the withdrawal 
occurs; 
E. 
The location of the proposed withdrawal in relation to 
wetlands, great ponds or other protected natural resources; 
and 
F. 
The 
nature, 
size 
and location of proximate surface 
waters; 
4. 
Propose any necessary changes to state law, including, 
but not limited to, a uniform regulatory threshold for the volume 
of the proposed groundwater withdrawal that would trigger state 
regulatory review of withdrawal of groundwater. 
The 
council 
shall recommend such changes that it considers appropriate and 
necessary 
to 
establish 
a 
consistent, 
integrated 
and 
scientifically 
sound 
state 
policy 
regarding 
groundwater 
management that ensures that withdrawal of groundwater does not 
have an undue adverse effect on waters of the State, as defined 
by Title 38, section 361-11., subsection 7; water-related natural 
resources; 
and existing uses, 
including, 
but not limited to, 
public 
or 
private 
wells 
within 
the 
anticipated 
zone 
of 
contribution to the withdrawal; 
5. 
Assess the projected costs to the State of developing 
and implementing any changes in state law proposed pursuant to 
subsection 4 and the adequacy of existing departmental resources, 
including regulatory fees, to develop and implement those changes 
efficiently and effectively; and 
6. 
Assess the projected costs to applicants for withdrawal 
of 
groundwater 
for 
complying with any changes 
in state 
law 
proposed in subsection 4. 
Sec. C-5. Report. 
The work group shall provide updates or 
reports to the council as determined by the council. 
The council 
shall submit its final report and recommendations to the joint 
standing committee of the Legislature having jurisdiction over 
natural resources matters no later than January 15, 2007. 
Sec. C-6. Rulemaking. 
By March 15, 2007, the Department of 
Environmental 
Protection, 
the 
Maine 
Land 
Use 
Regulation 
Commission, the Department of Health and Human Services and the 
Maine Geological Survey shall coordinate the adoption of any 
major substantive rules, as defined in Title 5, 
section 375, 
subchapter 2-11., 
needed to implement the recommendations of the 
council pursuant to section 4 of this Part. 
PARTD 
Sec. D-l. Legislative intent. 
The purpose of 
implementation 
promote 
development 
and 
this 
of 
Act is to 
consistent, 
integrated 
and 
scientifically 
sound 
state 
policy 
regarding 
groundwater management through: 
1. 
Establishment of a uniform standard for state regulatory 
review of the effects on groundwater withdrawal when such review 
is provided for under existing provisions of the Maine Revised 
Statutes, Title 12, chapter 206-A; Title 22, chapter 601; and 
Title 38, chapter 3, article 6; 
2. 
Appropriate 
practices, 
including 
law; and 
changes 
in administrative 
procedures 
and 
assessment of permit fees, 
under current 
3. 
Identification 
of 
proposed 
changes 
in 
state 
law 
appropriate 
and 
necessary 
to 
establish 
and 
implement 
a 
consistent, 
integrated 
and 
scientifically 
sound state policy 
regarding groundwater management for subsequent consideration by 
the Legislature. 
Nothing 
in 
this 
currently subject to 
Title 22, chapter 601; 
Act 
expands 
or 
limits 
the 
activities 
regulation under Title 12, chapter 206-A; 
and Title 38, chapter 3, article 6. 
SUMMARY 
This 
bill 
directs 
the 
Department 
of 
Conservation, 
the 
Department of Environmental Protection and the Department of 
Health 
and 
Human 
Services, 
when 
permitting 
groundwater 
withdrawals, to consider the effect of the proposed withdrawal on 
water-related natural resources and existing uses and the effect 
when considered in combination with existing water withdrawals. 
It further directs those departments 
and the Maine 
Land Use 
Regulation Commission to develop consistent review criteria for 
groundwater withdrawal applications by January 1, 
2006 and to 
submit a report to the Governor and Legislature summarizing this 
effort. 
The 
Department 
of 
Environmental 
Protection 
and 
the 
Department of Health and Human Services, 
the Maine 
Land Use 
Regulation 
Commission 
and 
the 
Maine 
Geological 
Survey 
are 
directed 
to 
review 
application 
fees 
to 
ensure 
that 
they 
adequately reflect the true cost of review. 
The Land and Water 
Resources Council is directed to undertake a comprehensive study 
of state groundwater regulations. 
The purpose of the study is to 
identify any further changes in state law needed to ensure a 
consistent, integrated and scientifically sound state policy with 
regard to groundwater withdrawal. 
The Land and Water Resources 
Council will report its findings to the Legislature by January 
15, 2007. 
Those agencies will adopt any major substantive rules 
recommended by the Land and Water Resources Council by March 15, 
2007.