Resolve, Regarding Legislative Review of Portions of Chapter 587: In-stream Flow and Water Level Standards, a Major Substantive Rule of the Department of Environmental Protection
Maine Legislature, Session 123, LD 0968
Committee Amendment CA_A_H253 (House)

COMMITTEE AMENDMENT "p,,, to H.P. 728, L.D. 968, "Resolve, Regarding 
Legislative Review of Portions of Chapter 587: 
In-stream Flow and Water Level 
Standards, a Major Substantive Rule of the Department of Environmental Protection" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, Regarding Legislative Review of Portions of Chapter 587: In-
stream Flow and Lake and Pond Water Levels, a Major Substantive Rule of 
the Department of Environmental Protection' 
Amend the resolve in section 1 in the last line (page 1, line 18 in L.D.) by striking out 
the following: "authorized." and inserting the following: 
'authorized only if the rule is amended as follows: 
1. 
Language is added to clarify that the rule establishes river and stream flow 
requirements and lake and pond water level requirements; 
2. Throughout the rule, reference to "water flow plan" is changed to "alternative 
water flow" and "water level plan" is changed to "alternative water level"; 
3. In the summary it is provided that a water use that fails to comply with the 
requirements of the rule is subject to penalties pursuant to the Maine Revised Statutes, 
Title 38, section 349; 
4. In section 1 a provision is added to make the rule apply to withdrawals or other 
activity or direct or indirect removal, diversion or use of the waters that causes the natural 
flow or water level to be altered for all nontidal fresh surface waters ofthe State; 
5. In section 2 a provision is added to define "water user" to mean a person whose 
withdrawal or other activity or direct or indirect removal, diversion or use of the water by 
means of a structure or facility causes the natural flow or water level to be altered in any 
nontidal fresh surface waters of the State; 
6. In section l(D) new provisions are added relating to withdrawal certificates to 
provide: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ..f1 " to H.P. 728, L.D. 968 
A. That a withdrawal certificate must allow withdrawals up to the system design 
capacity of a community water system; 
B. 
That considerations of economic and technical feasibility must include 
consideration of the water system's legislative charter or other authority, watershed 
protection benefits of the existing source and the financial viability of the water 
system, as long as the conditions and limitations of the certificate can be 
accomplished within the Public Utilities Commission's existing approved rate 
schedule of the system or do not in and of themselves cause a water system to request 
a rate increase of its customers; 
C. That a water system is allowed to incorporate the cost of compliance with 
conditions of a certificate into the system's long-range capital plan; 
D. That approval of withdrawal certificate conditions is required by the Department 
of Health and Human Services' drinking water program with technical assistance 
from the Office of the Public Advocate on economic issues; and 
E. That the intent of the certificate process is to accommodate the needs of the water 
systems while striving to move towards achievement of water quality requirements; 
7. In section 2(F) the definition of "system design capacity" is amended to add a 
provision that the amount of water that is available for water system purposes is 
expressed as annual withdrawal in total gallons per year; 
8. In section 2(F) it is provided that existing system infrastructure includes water 
treatment and distribution facilities and other necessary structures; 
9. Each reference to "groundwater extraction" is removed from the rule; 
10. In section 5(A) language is added to the narrative requirements to provide that 
withdrawals or other activity or direct or indirect removal, diversion or use of Class A, B 
or C waters must maintain flows sufficient to protect all water quality standards; 
11. In sections 5(B) and 5(C) language is added to provide that flow requirements 
established by the standard allowable alteration in Class A, Band C waters may not be 
less than the seasonal aquatic base flow, except when natural conditions alone cause those 
flows to be less; 
12. In section 7 language is added to provide that the review of the alternative water 
flow or alternative water level by other state natural resource agencies and the public is a 
30-day review and excludes reference to review by federal agencies; 
13. In section 7(B) language is added providing that at the request of an applicant, 
the Department of Environmental Protection may conduct field evaluations sufficient to 
determine an alternative water flow or alternative water level; 
14. In section 8(A) language is deleted specifying that flows or water levels may be 
established provided they are protective of all water quality standards, including all 
designated uses and characteristics of the water body; 
15. In section 8(A) it is provided that amendments or modifications to an existing 
permit that do not alter the manner of use or the amount of the water withdrawal, as stated 
in the permit, do not require review under the rule; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT· ~ 
to H.P. 728, '-D .... 
16. In section 10(B) it is provided that an existing water system has 5 years from the 
date it is notified by the Department of Environmental Protection of noncompliance with 
the in-stream flow or water level requirements to obtain a water system withdrawal 
certificate and to enter into an agreement to take the necessary actions; 
17. In section 12 it is provided that any activity altering the flow or water level that 
requires a new or reissued permit must be regulated according to the flow and water level 
requirements in the rule; and 
18. Any technical changes to the rule necessary to accomplish the changes described 
in this resolve are made. 
The Board of Environmental Protection is not required to hold hearings or undertake 
further proceedings prior to final adoption of the rule in accordance with this section.' 
SUMMARY 
This amendment authorizes final adoption of portions of Chapter 587: In-stream 
Flows and Lake and Pond Water Levels, a provisionally adopted major substantive rule 
of the Department of Environmental Protection that has been submitted to the Legislature 
for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, 
if certain specified changes are made to the rule. 
FISCAL ~OTE Rf~l iluJJ 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05114/07 frac=. 
LD968 
LR 2498(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 587: In-stream Flow and Water Level 
Standards, a Major Substantive Rule of the Department of Environmental Protection 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
The additional costs associated with this legislation can be absorbed by the Department of Environmental Protection 
utilizing existing budgeted resources. 
LR2498(02) - Fiscal Note - Page 1 of 1