An Act Concerning the Establishment of Water Levels
Maine Legislature, Session 127, LD 1566
Committee: Environment and Natural Resources
Amends: 38 MRSA §840

Legislative Document 
No. 1566 
S.P. 618 
In Senate, January 21, 2016 
An Act Concerning the Establishment of Water Levels 
Reported by Senator BRAKEY of Androscoggin for the Joint Standing Committee on 
Environment and Natural Resources pursuant to Public Law 2015, chapter 264, section 5. 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed pursuant to Joint Rule 218. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §840, sub-§§1-A and 1-B are enacted to read: 
1-A.  Mandatory mediation.  Prior to the department’s initiating a hearing for 
establishing a water level regime and, if applicable, minimum flow requirements in 
response to a petition or request that meets the requirements in subsection 1, the parties 
named in the petition or request must attempt to establish a water level management plan 
through mediation by an independent 3rd-party mediator.  The department is not required 
to take part in the mediation.  The department shall place the request or petition to 
establish a water level regime and, if applicable, minimum flow requirements on hold for 
a period of up to one year from the date of acceptance to allow mediation to occur.  The 
on-hold period may be extended upon written agreement between the parties to the 
petition or request and the department.  If mediation results in a water level management 
plan acceptable to all parties to a petition or request, that water level management plan 
must be recorded at the appropriate registry of deeds and is binding and civilly 
enforceable on the affected parties, unless the department issues a subsequent order 
establishing a water level regime and, if applicable, minimum flow requirements for the 
body of water in question.  Establishment of a water level management plan through 
mediation relieves the department of any obligation it has to hold an adjudicatory hearing 
and issue an order in response to a petition or request, and the department shall return the 
petition or request to the submittor. 
1-B.  Fees.  A petition or request that meets the requirements in subsection 1 for 
establishing a water level regime and, if applicable, minimum flow requirements must be 
accompanied by a processing fee established by the department.  If the department holds 
an adjudicatory hearing as a result of a petition or request, the department may charge the 
parties named in the petition or request an appropriate licensing fee, not to exceed 
$20,000, sufficient to cover costs incurred in conducting the hearing and reviewing 
evidence, including the time spent by state employees and necessary consultants and 
contractors in preparing, presenting and reviewing testimony, and in preparation of a 
department order establishing a water level regime and, if applicable, minimum flow 
requirements.  The department shall ensure that any licensing fee assessed under this 
subsection is apportioned equitably among the parties named in a petition or request.  All 
fees must be established in accordance with section 352. 
SUMMARY 
This bill is reported out by the Joint Standing Committee on Environment and 
Natural Resources pursuant to Public Law 2015, chapter 264, section 5.  This bill amends 
the laws governing the establishment of water levels to require the parties named in a 
petition or request to establish a water level regime and, if applicable, minimum flow 
requirements to engage in mediation prior to the Department of Environmental Protection 
initiating an adjudicatory hearing to resolve the dispute.  The bill also provides that if the 
department holds an adjudicatory hearing to resolve the dispute, it may charge the parties 
named in the petition or request an appropriate licensing fee, not to exceed $20,000, to 
cover the department’s costs in conducting the hearing.  The department is directed to 
apportion such licensing fees equitably among the parties named in a petition or request.