Resolve, To Establish the Blue Ribbon Commission To Examine the Legal and Policy Implications of Groundwater Extraction
Maine Legislature, Session 124, LD 1310
Committee: Natural Resources
Sponsors: WEBSTER, SHERMAN, DILL, DUCHESNE, PINGREE, ROTUNDO, HOBBINS, MILLS

FIRST REGULAR SESSIOr-~-2009 
Legislative Document 
No. 1310 
H.P.913 
House of Representatives, March 31, 2009 
Resolve, To Establish the Blue Ribbon Commission To Examine the 
Legal and Policy Implications of Groundwater Extraction 
(EMERGENCY) 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative WEBSTER of Freeport. 
Cosponsored by Senator SHERMAN of-Aroostook and 
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1/1. 77!t2C~{ 
MILLICENT M. MacFARLAND 
ClefIc 
Representatives~ CAIN of Orono, DILL of Cape Elizabeth, DUCHESNE of Hudson, Speaker 
PINGREE of North Haven, ROTUNDO of Lewiston, Senators: HOBBINS of York, MILLS of 
Somerset. 
Printed un recycled pnper 
Emergency preamble. Whereas; acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the laws governing groundwater must constantly evolve to respond t(), 
scientific, geopolitical and environmental developments; and 
Whereas, shifting areas of responsibilities and jurisdiction regarding environmental 
protections and environmental controls may require a reexamination, of groundwater 
ownership in the State; and 
Whereas, such an examination must involve an assessment of the implications on 
environmental controls and ownership rights; and 
Whereas, obligations under international trade agreements may, compromise the 
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ability of state and local governments to manage resources like groundwater in the public 
interest; and 
Whereas, this legislation establishes the Blue Ribbori Commission To Examine the 
Legal and Policy Implications of Groundwater Extraction and requires that the 
commission report its findings no later than December 3,2009; 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; be it 
Sec. 1. 
Commission established. 
Resolved: 
That the Blue Ribbon 
Commission To Examine the Legal and Policy Implications of Groundwater Extraction, 
referred to in this resolve as "the commission," is established; and be it further 
Sec. 2. Commission membership. Resolved: That the commission consists of 
members appointed as follows: 
1. Four members appointed by the President of the Senate as follows: 
A. Three Senators, one of whom is a member of the Joint Standing Committee on, 
Utilities and Energy, one of whom is a member of the Joint Standing Committee on 
Judiciary and one of whom is a member of the Joint Standing Committee on 
Agriculture, Conservation and Forestry; and 
B. One member representing the interests of business and industry; 
2. Four members appointed by the Speaker of the House as follows: 
A. Three members of the House of Representatives, one of whom is a member of the 
Joint Standing Committee on Health and Human Services, 'one of whom is a member 
of the Joint Standing Committee on State and Local Government and one of whom is 
a member of the Joint Standing Committee on Natural Resources; and 
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B. One member of the Citizen Trade Policy Commission established in the Maine 
. Revised Statutes, Title 5, section 12004-1, subsection 79-A; 
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3. One member of the Public Utilities Commission, appointed by the Governor; and 
4. 
Two ex officio members. The following persons are appointed as ex officio 
voting members: 
A. The Attorney General, or a designee; and 
B. The Commissioner of Envirollrriental Protection; and·be it further 
Sec. 3. 
Chairs. Resolved: That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
commission; and be it further 
Sec. 4. 
Appointments; convening of commission. Resolved: 
That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. WIthin 15 days after appointment 
of all members, the chairs' shall call an~ convene the first meeting of the commission, 
which must be no later than July 15,2009; and be it further 
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Sec. 5. 
Duties. Resolved: That the cOmrrllssion shall study the legal and policy 
implications of groundwater extraction and shall recommend any changes to state law 
necessary to balance the State's interests in protecting the public good and maintaining 
jurisdictional control over environmental impacts with protecting the rights of property 
owners. In conducting the study, the commission shall specifically examine: 
1. 
The various groundwater law classifications applicable throughout the United 
States, including the absolute dominion rule, the reasonableuse rule, the correlative rights 
doctrine, the Restatement (Second) of Torts rule, and prior appropriation; 
2. The impact of a state's geology and hydrogeology on that state's regulation of 
groundwater; 
3. The controlling law in the State governing groundwater rights and groundwater 
withdrawal; 
4. Methods used by other states to balance their interests jn protecting the, water 
supply and the environment with private property owners" interests in water; and 
5. Any potential consequences of granting water-taking rights to a company with the 
status of a foreign investor under international trade agreements; and be it further 
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the commission; and be it further 
, Sec. 7. Report. Resolved: That, no later than December 3,2009, the commission 
shall submit a report that includes its fmdings and recommendations, including suggested 
legislation, for presentation to the Second Regular Session of the 124th Legislature. The 
lointStanding Committee on Natural Resources is authorized to introduce a bill related to 
the subj ect matter of the report to the Second Regular Session of the 124th Legislature 
upon receipt of the report. 
Emergency clause. 
In view of the emergency cited in the preamble, this . 
legislation takes effect when approved. 
SUMMARY 
This resolve establishes a commissiori to study the legal and policy implications of 
groundwater extraction in the State and to recommend any changes to state law necessary 
to balance the State's interest in protecting the public good and maintaining jurisdictional 
control over environmental impacts with protecting the rights of property owners. 
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