An Act To Amend the Laws Governing Water Quality Standards for Ragged and Seboomook Lakes
Maine Legislature, Session 122, LD 1497
Committee: Natural Resources
Sponsors: MARTIN, DAVIS, CARR, CLARK
Amends: 38 MRSA §464, 38 MRSA §467

Legislative Document 
No. 1497 
S.P.5I5 
In Senate, March 28, 2005 
An Act To Amend the Laws Governing Water Quality Standards 
for Ragged and Seboomook Lakes 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator: DAVIS of Piscataquis, Representatives: CARR of Lincoln, CLARK 
of Millinocket. 
Printed on recyc led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §464, sub-§9, as amended by PL 1993, c. 344, 
§2, is repealed. 
Sec. 2. 38 MRSA §464, sub-§9-A is enacted to read: 
9-A. 
Existing hydropower 
impoundments 
managed 
as great 
ponds: 
habitat 
and 
aguatic 
life 
criteria. 
The 
following 
prov~s~ons ~overn habitat and aquatic life criteria for existing 
hydropower impoundments managed as great ponds. 
A. 
For the purposes of water quality certification under 
the Federal Water Pollution Control Act, Public Law 92 500, 
Section 401, 
as 
amended, 
and licensing of modifications 
under section 636, 
the hydropower project located on the 
water 
body 
referenced 
in 
section 
467, 
subsection 
7, 
paragraph C, subparagraph (1), division (b 1), is deemed to 
have 
met 
the 
habitat 
characteristics 
and 
aquatic 
life 
criteria in the existing impoundment if: 
(1) 
The project is in existence on June 30, 1992; 
(2) 
The project creates an impoundment that remains 
classified under section 465-A after June 30, 1992; 
(3) 
The project creates an impoundment that is subject 
to water level fluctuations that have an effect on the 
habitat and aquatic life in the littoral zone so that 
the habitat and aquatic life differ 
si~nificantly from 
that found in an unimpounded great pond; and 
(4) 
The existing impounded waters are able to support 
all species of fish indigenous to those waters and the 
structure 
and 
function 
of 
the 
resident 
biological 
community in the impounded waters is maintained. 
B. 
For the purposes of water quality certification under 
the Federal Water Pollution Control Act, Public Law 92-500, 
.pection 401, 
as 
amended, 
and licensing of modifications 
under section 636, 
Ragged Lake, 
located in the Penobscot 
River, 
West Branch drainage, 
is deemed to have met the 
habitat characteristics and aquatic life criteria in the 
existing 
impoundment if that 
habitat 
and 
aquatic 
life 
reflects the effects of annual drawdowns of up to 20 feet. 
·C. 
For the purposes of water quality certification under 
the Federal Water Pollution Control Act, Public 
L~w 92-500, 
:Section 401, 
as 
amended, 
and licensing of modifications 
under section 636, Seboomook Lake, located in the Penobscot 
. River, 
West Branch drainage, 
is deemed to have 
met the 
habitat characteristics and aquatic life criteria in the 
Page l-LR0587(l) 
existing 
impoundment 
if that 
habitat 
and 
aquatic 
life 
reflects the effects of annual drawdowns of up to 17 feet. 
D. 
Other than those described in paragraphs A, Band C, all 
hydropower projects with impoundments in existence on June 
30, 1992 that remain classified under section 465-A after 
June 30, 1992 and that do not attain the habitat and aquatic 
life criteria of that section must, at a 
m~n~mum, satisfy 
the 
aquatic 
life 
criteria 
contained 
in 
section 
465, 
subsection 4, paragraph C. 
E. 
When the actual water quality of the impounded waters 
attains any more stringent characteristic or criteria of 
those waters' classification under section 465-A, that water 
quality must be maintained and protected. 
Sec. 3. 38 MRSA §467, sub-§7, ,C, as amended by PL 1999, c. 
277, §10, is further amended to read: 
C. 
Penobscot River, West Branch Drainage. 
(1) 
West Branch of the Penobscot River, main stem. 
(a) 
From the dam at the outlet of Seboomook Lake 
to a point located 1,000 feet downstream from the 
dam at the outlet of Seboomook Lake - Class B. 
(b) 
From a point located 1, 000 feet downstream 
from the dam at the outlet of Seboomook Lake to 
its confluence with Chesuncook Lake - Class A. 
(b-l) 
From its confluence with Chesuncook Lake to 
Ripogenus Dam -
Class GPA as modified by section 
464, subsection 9 9-A. 
(c) 
From Ripogenus Dam through Ripogenus Gorge to 
the McKay powerhouse - Class B. 
(d) 
From the McKay powerhouse to its confluence 
with Ambajejus Lake - Class A. 
(e) 
From the outlet of Elbow Lake to the outlet 
of Ferguson and Quakish Lakes - Class B. 
(f) 
From the outlet of Ferguson and Quakish Lakes 
to its confluence with the East Branch of the 
Penobscot 
River, 
including 
all 
impoundments 
Class C. 
This 
standards 
Seboomook 
drainage. 
(2) 
West Branch of the Penobscot River, tributaries -
Class A unless otherwise specified. 
bill 
for 
(a) 
Those 
segments 
of 
any tributary that are 
within the boundaries of Baxter State Park -
Class 
AA. 
(b) 
Those tributaries above the confluence with 
the Debsconeag Deadwater, any portion of which is 
located within the boundaries of Baxter State Park 
- Class AA. 
(c) 
Millinocket Stream, 
near the Millinocket-T. 3 
to its confluence with 
Class B. 
from the railroad bridge 
Indian Purchase boundary 
the West Branch Canal 
(d) 
Millinocket Stream from the confluence of the 
West Branch Canal to its confluence with the West 
Branch of the Penobscot River - Class C. 
SUMMARY 
amends 
the 
laws 
governing 
the 
water 
quality 
aquatic life 
and habitat 
for 
Ragged 
Lake 
and 
Lake, 
located in the 
Penobscot 
River, 
West 
Branch