An Act To Establish a Groundwater Withdrawal Program and To Recognize Groundwater as a Public Trust Resource
Maine Legislature, Session 124, LD 1267
Committee: Natural Resources
Sponsors: CAMPBELL, HOBBINS, CASAVANT, CLARK, DUCHESNE, MARTIN, SCHATZ, SMITH, WEBSTER, BARTLETT
Amends: 38 MRSA §404-A, 38 MRSA §470-D, 38 MRSA §480-B, 38 MRSA §480-C, 38 MRSA §480-D, 38 MRSA §482, 38 MRSA §48

MAINE STATE LEGISLATURE 
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124th MAl ·E LEGISLATURE 
FIRST P~GULAR SESSION~2009_ 
Legislative Document 
No. 1267 
H.P.886 
House of Representatives, March 31,2009 
An Act To Establish a Groundwater Withdrawal Program and To 
Recognize Groundwater as a Public Trust Resource 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative CAMPBELL of Newfield. 
Cosponsored by Senator HOBBINS ofYprk and 
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MILLICENTM. MacFARLAND 
Clerk 
Representatives: CASAVANT of Biddeford, CLARK of Millinocket, DUCHESNE of Hudson, 
MARTIN of Eagle Lake, SCHATZ of Blue Hill, SMITH of Monmouth, WEBSTER of 
Freeport, Senator: BARTLETT of Cumberland. 
PrilltctJ on recycled papt!r 
Be it enacted by the People of the State of Maine as follows: 
. Sec. 1. 38 MRSA §404-A is enacted to read: 
§404-A. Groundwater as a public r.esource; policy 
III recognition that the groundwater of the State is a precious, finite and invaluable 
resource upon which there is an ever-increasing demand for present, new and competing 
uses; and in further recognition that an adequate supply of groundwater for domestic, 
farming, dairy processing and industrial uses is essential to the health, safety and welfare 
of the people of the State: 
1. Regulation to benefit people of the State. The withdrawal of groundwater of the 
Stafe must be regulated in a manner that benefits the people of the State; is compatible 
with long-range water resource planning and proper management and use of the water 
resources of the State; and is consistent with the State's policy of managing groundwater 
as a public resource for the benefit of all residents; 
2. 
Maintenance of high-quality drinking water. 
The State shall protect its 
groundwater resources to maintain high-quality drinking water; 
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3. Minimization of risks. The groundwater resources of the State must be managed 
to minimize the risks of groundwater quality deterioration by regulating human activities 
that present risks to the use of groundwater in the vicinities of those activities while 
balancing the State's groundwater policy with the need to maintain and promote a healthy 
. and prosperous agricultural community; and 
4. Public trust. The groundwater resources of the State are held in trust for· the 
public. The State shall manage its groundwater resources for· the benefit of the State's' 
citizens who hold and share rights in those waters. The designation of the groundwater 
resource~ of the State as a public trust resource may not be construed to allow a new right 
of legal action by an individual other than the State, except to remedy injury to a 
particularized interest related to water quantity protected under this Title. 
Sec. 2. 38 MRS A §470-A, sub-§l, as enacted by PL 2001, c. 619, §1, is amended 
to read: 
1. Nonconsumptive use. "Nonconsumptive use" means any use of water that results 
in the water being discharged back into the same water source within 114 mile upstream 
or downstream from the point of withdrawal such that the difference between the volume 
withdrawn and the volume returned is no more than the threshold amount per day. +hls 
also inoludes \vithdravmls from groun&llater that are disoharged to a subsurface system or 
to a hydraulioallyconnected surface '.vater body such that no more than the threshold 
amount is oonsumed. 
Sec. 3. 38 MRS A §470-A, sub-§2, as enacted by PL 2001, c. 619, §1, is amended 
to read: 
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2. Water source. "Water source" means any river, stream or brook as defined in 
section 480-B, or any lake or pond classified GPA pursuant to section 465-A eF 
IIToundvlateF located aw.allheFe in the State. 
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Sec. 4. 38 MRS A §470-B, as enacted by PL 2001, c. 619, §1, is amended to read: 
§470-B. Threshold volumes for reporting 
Except as otherwise provided in this article, a person making a water withdrawal in 
excess of the- threshold volumes established in this section shall file a water withdrawal 
report in accordance with section 470-D covering the 12 months ending on the previous 
September 30th. The threshold volumes for reporting are as follows. 
1. Withdrawals from river, stream or brook. The threshold volume for reporting 
on withdrawals from _a river, stream or brook or groundwater within 500 feet of a river, 
stream or brook is 20,000 gallons on any day or, if the watershed area at the point of 
withdrawal exceeds 75 square miles, a volume-in gallons per day for any day that is: 
A. 
One percent of the estimated low-flow volume of water to occur for 7 days once 
in 10 years based on historical flows for rivers, streams or brooks with an adequate 
record of gauge data; 
B. 
One percent of the estimated low-flow volume of water to occur for 7 days once 
in 10 years based on an estimated low-flow value for a river, stream or bwok below a 
dam where flow is limited by gate settings or leakage; or 
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C .. · If paragraphs A and B are not applicable, then a threshold volume calculated 
using the formula V=.I 68.031 times A to 1.1 power, where V is the volume in gallons 
per day and A is the watershed area in square miles. 
2. Withdrawals from GPA lake or pond. The threshold volume for reporting on 
withdrawals from a Class GPA lake or pond Of IIToundwatef within 500 feet of the lake OF 
f*ffiEl is determined froin the following table: 
Lake area in acres-
< 10 
10-30 
31-100 
101-300 
·301-1000 
1001~3000 
3001-10,000 
gallons/ week 
30,000 
100,000 
300,000 
1,000,000 
3,000,000 
10,000,000 
30,000,000 
.. Withdrawals from other groundwater sourees. The threshold volume for 
reporting on v;ithdra',~/als from ground"vat~r greater than 500 feet from a river, stream, 
brook or GPA classified lake or pond is 50,000 gallons on any day, unless the person 
making the '.vater ;.vithdra\val. d.emonstrates to . the department's satisfaction that the 
withdra'.val '.vill not imnact any adiacent Rurfnce v/atE'lF hodv. 
Sec. 5. 38 MRSA §470-D, 2nd ~, as enacted by PL 2001, c. 619, §1 .and 
amended by PL 2003, c. 689, Pt. B,§§6 and 7, is further amended to read: 
Water withdrawal reports must ·be submitted to either the Commissioner of 
Environmental Protection, the Commissioner of Conservation, the Commissioner of 
Health and Human Services or the Commissioner of Agriculture, Food and Rural 
Resources in a form or maMer prescribed by that commissioner. No later than January 
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1,2003, those commissioners shall jointly publish a list indicating which classes of users 
are to report to which department. The form and manner of reporting must be determined 
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by each commissioner, provided that the required information is collected from each user 
above the threshold· and in a manner that allows that data to be combined with data 
collected by the Qther commissioners. The reports must include information on actual 
and anticipated water use, the identification of the water source, the location of the 
withdrawal including the distance of each groundwater withdrawal from the nearest 
surface water source, the volume of the withdrawals that might be reasonably anticipated 
under-maximum high-demand conditions and the number of days those withdrawals may 
occur each month and the location and volume of each point of discharge. The reporting 
may allow volumes to be reported in ranges established by the commissioners and 
reported volumes may be calculated estimates of volumes. The board; the Department of 
Agriculture, Foqd and Rural Resources, the Department of Conservation and the 
Department· of Health and Human Services may adopt routine technical rules as defmed 
in Title 5, chapter 375, subchapter II-A 2-A as necessary to implement the reporting 
provisions of this article. 
Sec. 6. 38 MRS A c. 3, sub-c. 1, art. 4-C is enacted to read: 
ARTICLE 4-C 
GROUNDWATER WITHDRAWAL PROGRAM 
§470-R. Definitions 
As used in this article, unless the context otherwise indicates, the following terms 
have the following meanings. 
.1. Farming. "Farming" means: 
A. The cultivation or other use of land for growing food, fiber, Christmas trees or 
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horticultural and orchard crops; 
B. The raising, feeding or management of livestock, poultry, fish or bees; 
C. The operation of greenhouses; 
D. The production of maple syrup; 
E. . The on-site storage, preparation and sale of agricultural· products principally 
produced on the farm; 
F. 
The on-site storage, preparation, production and sale of fuel or power from 
agricultural products or 'wastes principally produced on the farm; or 
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G. The raising, feeding or management of 4 or more equines owned or boarded by 
the farmer, including training, showing and providing instruction and lessons in 
riding, training ~md the management of equines. 
2. Groundwater. "Groundwater" means water below the land surface, including 
springs. 
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3. 
Municipality. "Municipality" means a city, town, plantation or unorganized 
township.· 
4. Spring. "Spring" means a groundwater source where groundwater flows naturally 
to the surface of the earth and is collected with a developed structure that is designed to 
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locate or extract groundwater. 
5. 
Surface water. 
"Surface water" means all rivers, streams, creeks, brooks, 
reservoirs, ponds, lakes and springs and all bodies of water, artificial or natural, that are 
not groundwater and are contained within, flow through or border upon the State or any 
portion of it. 
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6. Water resources. "Water resources" means groundwater or surface water. 
7. Well. "Well" means any hole drilled, driven, bored, excavated or created by 
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similar method into the earth to locate, monitor, extract or recharge groundwater where 
the water table or potentiometric surface is artificially lowered through pumping. . 
. 8. Withdraw; withdrawal. 
"Withdraw" or "withdrawal" means the intentional 
removal by any method or instrument of groundwater from a welL spring or combination 
of wells or springs. 
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§470-S. Groundwater withdrawal; reporting 
Notwithstanding any other provision of law, this section governs the reporting of 
withdrawals .. 
. 1. Groundwater report. Beginning October 1, 2009 and annually thereafter, a 
person that withdraws more than 20,000 gallons per day averaged over a calendar month 
at a single tract of land or place of business at any time during the preceding calendar· 
year shall file a groundwater report with the department on or before October 1st for the 
preceding calendar year.. The report must be made on a form prescribed by· the 
department and must include: 
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A. The location, capacity, frequency and rate of the withdrawal; 
B. A description of the use of the water withdrawn; and 
C. Where feasible, the distance of each withdrawal from the nearest surface water 
source and wetland. 
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2. Exemptions. The following are exempt from the reporting requirements of this 
section: 
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A. A withdrawal for fire suppression or other public emergency purposes; . 
B. A withdrawal reported to the. department under any program that requires the 
reporting of substantially similar data. The department shall record such withdrawals 
with the information' from withdrawals reported under this section; 
C. Residential use; 
D, Withdrawal for farming; 
E. Dairy processors; 
F. Public water systems; and 
G. Closed loop, standing colunll or similar nonextnictive geothermal heat pumps, 
3. Rules. The department may adopt rules to implement this section, including 
methods for calculating or estimating the amount of groUndwater withdrawn from a well 
or spring. Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
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§470-T. Groundwater withdrawal permitting 
Notwithstanding any other provision of law, this section governs the permitting Of 
withdrawals. 
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1. Permit required. On and after July 1, 2010, a person may not, for corrunercial or 
industrial uses, make a new or increased withdrawal of more than 57,600 gallons a day 
from any well or spring on a single tract of land or at a place of business without first 
receiving from the dePartment a groundwater withdrawal permit. The following 
constitutes a new or increased withdrawal: 
A. The expansion of any existing permitted withdrawal through: 
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(1) Additional withdrawal from one or more new wells oLsprings; or 
(2) An increase in the rate of withdrawal from a well or spring above the 
maximum rate set forth in any existing permit issued by the department under 
this section; or 
B. For previously unpermitted withdrawals, an increase in the rate of withdrawal on 
or after July 1, 2010 from a well or spring on a single tract of land or at a place of 
business of 25% of the baseline withdrawal or an increase of 57,600 gallons of 
groundwater withdrawn, whichever is less. 
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For the purposes· of this subsection, the baseline withdrawal is the highest amount 
withdrawn in a day bya person between 2005 and 2010, 
2. Exemptions. The following are exempt from the permitting requirements of this 
section: 
A. A withdrawal for fire suppression or other public emergency purposes; 
B. Residential use; 
C. Withdrawal for farming; 
D. Dairy processors; 
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E. Public water systems; and 
F. Closed loop, standing column or similar nonextractive geothermal heat pumps. 
3. Public meetings; notification. The provisions of this subsection govern meeting 
and notification requirements relating to groundwater withdrawal permits.: 
A. At least 30 days before filing an application for a permit under this section, an 
applicant shall hold an informational meeting in the municipality in which the 
withdrawal is proposed in order to describe the proposed withdrawal and to hear 
cOnlments regarding the proposed withdrawal. The applicant shall give public notice 
by posting in the office of the municipality in which the withdrawal is proposed and 
by publishing in a local newspaper at least 10 days before the meeting. 
B. On or before the date of filing an application for a permit under this section, an 
applicant shall notify: 
(1) The municipal officer, legislative body and any conservation commission in 
the municipality in which the proposed withdrawal is located; 
(2) Adjoining municipalities; 
(3) 
Any regional planning commission in the region where the proposed 
withdrawal is located; 
(4) All landowners and mobile home park residents within the area affected by a 
proposed withdrawal or within 114 mile downstream from a withdrawal from a 
spring; and 
(5) Any public water system in the municipality where the proposed withdrawal 
is located. 
C. An applicant for a permit under this section shall publish notice of the application 
in a newspaper of general circulation in the area in which the withdrawal is proposed 
and shall post a copy of the notice in the office of the municipality in which the 
withdrawal is proposed. 
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D., On its own motion or on receipt of a written request, the department may hold a 
public meeting in the municipality in which 'a withdrawal is proposed in order to 
describe the proposed withdrawal and to hear comments regarding the proposed 
withdrawal. Opportunity must be given all participant's at a public meeting to ask 
questions and' comment on all issues involved. The department shall prepare a 
summary of each public meeting conducted. Public notice must be given by posting 
in the office of the municipality in which the withdrawal is ,proposed and by 
publishing in a local newspaper at least 10 days before the meeting. 
E. A defect in the form or substance of any notice requirements in this subsection 
may not invalidate an application for a permit under this section as long as reasonable 
efforts are made to provide adequate posting and notice. An application for a pei:mit 
under this section is invalid when a defective posting or notice was materially 
misleading in content. 
4. Application. Application for a permit under this section must be on a form 
prepared by the department. An application must, at a minimum, contain the information 
necessary to make the determinations contained in subsection' 5 and the following: 
A. The purpose for the withdrawal; 
B. The location and source of the withdrawal; 
C. The amount of the proposed withdrawal, including estimates of the projected 
mean and peak daily, monthly and annual withdrawals; 
D. The place of the proposed return flow of withdrawn water; 
E. The estimated amount of water that will not be returned to the watershed where 
the proposed withdrawal is located; 
F. The location, demand on and yield of existing sources of groundwater and surface 
water to be used by the applicant; and 
G. 
A brief description of the alternative means considered for satisfying the 
applicant's stated use for water. 
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5. Determination by department. The department may not issue a permit for a new 
or increased withdrawal unless the department determines that: 
A .. The proposed withdrawal is planned in a fashion that provides for efficient use of 
the water; 
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B. The proposed withdrawal, in combination with ,other existing withdrawals, will 
meet the standards set by the department in rule for establishing a safe yield in the 
area of the withdrawal; 
C. The proposed withdrawal is consistent with a municipal ordinance, if any, in the 
municipality in which the proposed withdrawal is located and with the.state policy to 
manage groundwater as a shared resource for the benefit of all citizens of the State, 
including any policies and programs regarding long-range planning, management, 
allocation and use of .groundwater and surface water in effect at the time the 
application for the withdrawal is filed; 
D. The proposed withdrawal will not have an undue adverse effect on existing uses 
of water dependent on the same water source; 
E. The proposed withdrawal will not have an undue adverse effect on a public water 
system; 
F. The proposed withdrawal will not have an undue adverse effect on significant· 
wetlands under the State's wetland rules or on other water resources hydrologically 
interconnected with the well or spring from which the proposed withdrawal would be 
made; 
G. The proposed withdrawal will not violate the State's water quality standards; and 
H. 
Any other consideration that the department determines necessary for the 
conservation of water or protection of groundwater quality is met. 
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6. 
Permits. A pennit issued under this section is valid for the period of tiill:e 
specified in the pennit but not for more than 10 years. A pennit issued under this section 
must include the following: 
A. A provision that withdrawals from a well or spring for drinking water supplies, 
farming or dairy processing must be given priority over other uses during times of 
shortage; and· 
B. 
Any other condition that the department detennines necessary for the 
conservation of water or protection of groundwater quality. 
7. Other permitting authority of department. Notwithstanding subsection 1, the 
department may require any person withdrawing groundwater in the State to obtain a 
pennit under this section if the withdrawal is not exempt under subsection 2 and the 
department detennines that the withdrawal violates the State's water quality standards or 
has an undue adverse effect on an existing use of groundwater, a public water system, 
wetlands or water resources hydrologically interconnected with the well or spring from 
which the withdrawal occurs. The department shall make a detennination under this 
subsection based on review of the infonuation set forth under subsection 4 that is readily 
available to the department. 
8. Transfer of permit. A withdrawal pennit issued under this section may be 
transferred upon a change of ownership of the facility or project for which the pennit was 
issued as long as the new owner applies for an amendment to the pennit certifying its 
agreement to comply with all tenus and conditions of the transferred pennit and assume 
all other assoCiated obligations. 
9. Compliance with public trust requirements. The following withdrawals are 
deemed to comply with the public trust requirements of the State for groundwater 
management and are entitled to a presumption that the withdrawal complies with the 
. public trust requirements of the State: 
A. A withdrawal pennitted under this section; 
B. A withdrawal for domestic residential use; 
C. A withdrawal for a public water system except for a bottled water facility; 
D. A withdrawal for fanning; and 
E. A withdrawal by a dairy processor. 
10. Rules. By July 1, 2010, the department shall adopt rules' to implement this 
. section. Rules adopted pursuant to this subsection are routirie technical rules as defmed 
in Title 5, chapter 375, subchapter 2-A. 
Rules adopted under this subsection must 
include: 
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A. Requirements for the mitigation of an undue adverse effect on drinking water 
supplies,. fanning, public water systems or any other affected· use when the 
department detennines such an undue adverse effect is likely to occur due to a· 
withdrawal; and 
B. Requirements for the renewal ofpennits issued under this section. 
11. 
Effect on deeds or contracts. 
Nothing contained .in this article may be 
construed to alter or modify a right under a deed or contract to access groundwater in this 
State. 
§470-V. Circumvention 
The department may require a person to report under section 470-S or obtain a permit 
~der section 470-T when the department, in the department's discretion, determines that 
a withdrawal, subdivision of land, transfer of property or other action is intended to 
circumvent the requirements of this article. 
Sec. 7. 38 MRSA §480-B, sub-§9-A, as enacted by PL 2007, c. 399, §10, is 
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repealed .. 
Sec. 8. 38 MRSA §480-C, sub-§4, as enacted by PL 2007, c. 399, §11, IS 
repealed. 
Sec. 9. 38 MRSA §480-D, sub-§10, as enacted by PL 2007, c. 399, §12, is 
repealed. 
Sec. 10. 38 MRSA §482, sub-§2, ~, as amended by PL 1999, c. 468, §6, is 
further amended to read: 
D. 
Is a subdivision as·defmed in this section; ef 
Sec. 11. 38 MRSA §48Z, sub-§2, €jfF,as enacted by PL 1997, c. 502, §5, is 
amended to read: 
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F. 
Is an oil terminal facility as defined in this section,.,;",m: 
Sec. 12. 38 MRS A §482, sub-§2, ~J is enacted to read: 
J. Involves a withdrawal of more than 340,000 gallons of groundwater per day from 
any well .or spring on a single tract of land or at a place of business, independent of 
the acreage of the tract ·of land or place of business, if the withdrawal requires a 
permit under section 470-T. 
SUMMARY 
This bill is based on Vermont law. It declares the State's groundwater to be a public 
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trust resource. It sets up reporting and permitting requirements for large groundwater 
withdrawals- and repeals current Maine law regarding reporting of groundwater 
withdrawals and permi~ting of significant groundwater wells. It requires site law review 
for certain groundwater withdrawals of more than 340,000 gallons per day. 
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