An Act To Provide for Municipal Oversight and Authority over Groundwater Extraction Reference to the COInmittee on Natural Resources suggested and ordered printed:
Maine Legislature, Session 124, LD 0645
Sponsors: SARTY, TRAHAN, BROWNE, CEBRA, CLARK, GIFFORD, ROBINSON, SHAW, TARDY

Legislative Document 
No. 645 
H.P.459 
, House of Representatives, Febmary 19, 
An Act To Provide for Municipal Oversight and Authority over 
Groundwater Extraction 
Reference to the COInmittee on Natural Resources suggested and ordered printed: 
Presented by Representative SARTY of Denmark. 
Cosponsored by Senator TRAHAN of Lil1coln and 
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1/1, 7l!1I/;~{ 
,MILLICENT M. MacFARLAND 
Clerk 
Representatives: BROWNE of Vassalboro, CEBRA of Naples, CLARK of Millinocket, 
GIFFORD of Lincoln, ROBINSON of Raymond, SHAW of Standish, SYKE~ of Harrison, 
TARDY of Newport . 
Printed on recycled paper . 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MR.SA §2642, as amended by PL 1995, c. 664, §1, is further amended' 
to read: 
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§2642. Municipal regulation authorized; ordinance; penalty 
1. Municipal regulations authorized. The municipal officers of each municipality, 
after notice and public hearing, may adopt regulations governing the surface uses ef 
sources of public '.vater supply, portions thereof, the extraction and the removal from the 
municipality for commercial purposes of public water sources, groundwater, spring water 
or water from aquifers or the surface uses of)and overlying ground ','/ater groundwater 
aquifers and their recharge areas used as public water sources of public '.vater supply or as 
sources for private wells for domestic purposes that are located within that municipality 
in order to protect the quality of such sources of j3Uhlie water supply, the long-term 
sustainability of such supplies and the health, safety and welfare of persons .dependent 
upon such supplies. 
At least 15 days prior to public hearings held under this section, notice of the hearing 
must be published in a newspaper of general circulation in the county in which the 
municipality is located and m!.liled by certified mail to each owner of lami over or 
bordering the source of public water supply water source within. that municipality. 
Regulations adopted pursuant to this section become void upon the expiration of one year 
from the date of the adoption unless sooner ratified by vote of the legislative body of the 
municipality.' 
' 
I-A. Ordinance. Ifa regulation adopted pursuant to subsection I is ratified by vote 
'of the legislative body of the municipality, the municipal officers shall, within one year 
from the vote of ratification, submit an ordinance governing the pumping or extraction of . 
groundwater, spring water or water from aquifers for approval by the legislative body in 
accordance with the municipal charter or Title 30-A, section 3002. 
2; Penalty. Whoever willfully violates any regulation or ordinarice established or 
adopted under the authority of this section must, upon conviction, be penalized in 
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accordance with Title 30-A, section 4452. 
SUMMAR.Y 
This bill amends the law governing the authority of municipal officers to adopt 
. regulations governing the surface uses of public water sources. It adds the authority to 
adopt regulations governing the extraction and removal of groundwater, spring water or 
water from aquifers~ It also amends current law by authorizing municipal officers to 
regulate surface uses of land overlying groundwater aquifers and their recharge areas 
used as sources for private wells for domestic purposes. 
The bill also ,provides that if such.a regulation is ratified by the. legislative body of a 
municipality, the municipal officers must submit for, approval an ordinance governing the 
pumping or extraction of groundwater, spring water or water from aquifers. 
Page I .. 124LR0189(Ol)-1 
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