Resolve, To Establish the Blue Ribbon Commission To Examine the Legal and Policy Implications of Groundwater Extraction
Maine Legislature, Session 124, LD 1310
Committee Amendment CA_A_H434 (House)

COMMITTEE AMENDMENT "4" to H.P. 913, L.D. 1310, "Resolve, To Establish 
the Blue Ribbon Commission To Examine the Legal and Policy Implications of 
Groundwater Extraction" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, Relating to a Review of International Trade Agreements and the 
Management of Groundwater Resources' 
Amend the resolve by striking out everything after the title and before the summary 
and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, obligations under international trade agreements may compromise the 
ability of the State to manage its groundwater resources; and 
Whereas, an examination of the potential legal impacts of international trade 
agreements on the State's ability to manage its groundwater resources will enable the 
Legislature to make informed and timely decisions; 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. Review established. Resolved: That the Water Resources Planning 
Committee, of the Land and Water Resources Council, established pursuant to the Maine 
Revised Statutes, Title 5, section 3331, subsection 8, in coordination with the Office of 
the Attorney General and the Citizen Trade Policy Commission established in Title 5, 
section 12004-1, subsection 79-A, shall conduct an examination of the potential legal 
impacts of international trade agreements on the State's ability to manage its groundwater 
resources, including, but not limited to, the potential consequences of permitting foreign 
companies to extract groundwater. 
The examination may include a review and 
COMMITTEE AMENDMENT 
1\ .• ,®. 
COMMITTEE AMENDMENT A 
"to H.P. 913, L.D. 1310 
assessment of the following subjects as they relate to or impact international trade 
agreement issues and the State's regulation of its groundwater: 
1. Property rights related to the ownership of groundwater; 
2. The various common law doctrines relating to the use of groundwater, including 
the absolute dominion rule and the reasonable use rule; and 
3. Natural resources other than groundwater; and be it further 
Sec. 2. Experts. Resolved: That outside funding accepted by the Citizen Trade 
Policy Commission pursuant to the Maine Revised Statutes, Title 10, section 11, 
subsection 10 may be used to contract with experts in the field of international trade 
agreements; and be it further 
Sec. 3.. Report. 
Resolved: That, by January 1, 2010, the Water Resources 
Planning Committee, in coordination with the Office of the Attorney General and the 
Citizen Trade Policy Commission, shall submit a report related to the review to the Joint 
Standing Committee on Natural Resources. 
The report must include findings, 
recommendations and any legislation necessary to implement the recommendations. The 
Joint Standing Committee on Natural Resources is authorized to report out legislation to 
the Second Regular Session of the 124th Legislature; and be it further 
Sec. 4. 
Appropriations and allocations. 
Resolved:. That the following 
appropriations and allocations are made. 
. 
LEGISLATURE 
Legislature 0081 
Initiative: Provides a base allocation in the event that the Citizen Trade Policy 
Commission receives outside funding to contract with experts in the field of international 
trade agreements. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2009-10 
$500 
$500 
2010-11 
$0 
$0 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the resolve and changes the title. The amendment directs 
the Water Resources Planning Committee of the Land and Water Resources Council, in 
coordination with the Office of the Attorney General and the Citizen Trade Policy 
Commission, to conduct an examination of the potential legal impacts of international 
trade agreements on the State's ability to manage its groundwater resources. 
The 
examination may include a review and assessment of property rights related to the 
ownership of groundwater, the various common law doctrines relating to groundwater 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A 
"to H.P. 913, L.D. 13 10 
and issues related to natural resources other than groundwater, as those subjects relate to 
or impact international trade agreement issues. 
The amendment authorizes outside 
funding accepted by the Citizen Trade Policy Commission, pursuant to its current 
statutory authority to accept outside funding, to be used to contract with experts in the 
field of international trade agreements. The amendment requires the Water Resources 
Planning Committee, in coordination with the Office of the Attorney General and the 
Citizen Trade Policy Commission, to submit a report related to the review to the Joint 
Standing Committee on Natural Resources by January 1, 2010, and the committee is 
authorized to report out legislation to the Second Regular Session of the 124th 
Legislature. The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRlIl:D 
(See attacbed) 
COMMITTEE AMENDMENT 
Approved: 05/25/09 Mac:.. 
LD 1310 
LR 1819(02) 
Resolve, To Establish the Blue Ribbon Commission To Examine the Legal and Policy Implications of 
Groundwater Extraction 
Fiscal Note for Bill as Amended by Committee Amendment A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
I ,1 
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Projections 
Projections 
2009-10 
2010-11 
2011-12 
2012-13 
Appropriations/Allocations 
Other Special Revenue Funds 
$500 
$0 
$0 
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Fiscal Detail and Notes 
. This Resolve authorizes the Citizen Trade Policy Commission to use outside funding to contract with experts in the 
field of international trade agreements to assist in the review of certain international trade agreements. A base 
allocation is included to authorize the expenditure of any outside funding received by the commission. 
The additional costs to the Department of the Attorney General and the Water Resources Planning Committee related 
to the review of international trade agreements and other administrative duties can be absorbed by these agencies 
utilizing existing budgeted resources. 
LR1819(02) - Fiscal Note - Page 1 of 1 
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