An Act To Facilitate the Creation of the Maine Water Trust To Regulate and Protect Maine's Water Supply and To Ensure the Quantity and Quality of Maine's Drinking Water
Maine Legislature, Session 128, LD 0422
Committee: Energy, Utilities and Technology
Sponsors: SYLVESTER, CARSON, ACKLEY, HANDY, HARLOW, HICKMAN, SPEAR, CHIPMAN, JACKSON
Amends: 35-A MRSA §6109-C

Legislative Document
No. 422
H.P. 302
House of Representatives, February 7, 2017
An Act To Facilitate the Creation of the Maine Water Trust To 
Regulate and Protect Maine's Water Supply and To Ensure the 
Quantity and Quality of Maine's Drinking Water
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative SYLVESTER of Portland.
Cosponsored by Senator CARSON of Cumberland and Representatives: ACKLEY of 
Monmouth, HANDY of Lewiston, HARLOW of Portland, HICKMAN of Winthrop, 
McCREIGHT of Harpswell, SPEAR of South Thomaston, Senators: CHIPMAN of 
Cumberland, JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §6109-C is enacted to read: 
§6109-C.  Moratorium on new contracts or agreements for large-scale extraction of 
groundwater 
Notwithstanding any provision of law to the contrary, beginning November 1, 2017, a 
consumer-owned water utility, municipality, state agency or other governmental entity 
may not enter into a contract or agreement with another entity that involves the extraction 
of more than 75,000 gallons of groundwater during any week or more than 50,000 gallons 
of groundwater on any day, except if such groundwater is to be extracted solely for 
agricultural use or storage for agricultural use.  This section does not affect the validity or 
operation of any contract or agreement entered into by a consumer-owned water utility, 
municipality, state agency or other governmental entity prior to November 1, 2017. 
This section is repealed October 31, 2019. 
Sec. 2.  Working group to develop Maine Water Trust; Commissioner of 
Environmental Protection report to Legislature.  Notwithstanding Joint Rule 353, 
the Commissioner of Environmental Protection shall convene a working group to develop 
and submit to the Legislature recommendations for the establishment of the Maine Water 
Trust, referred to in this section as "the trust."  No later than November 1, 2017, the 
commissioner or the commissioner's designee shall convene the first meeting of the 
working group. 
1.  Members.  The working group consists of the following members: 
A.  The Commissioner of Environmental Protection or the commissioner's designee; 
B.  Two members of the Joint Standing Committee on Environment and Natural 
Resources, one appointed by the President of the Senate and one appointed by the 
Speaker of the House of Representatives; 
C.  A member of the Senate, appointed by the President of the Senate, and a member 
of the House of Representatives, appointed by the Speaker of the House of 
Representatives; and 
D.  Six members appointed by the Commissioner of Environmental Protection as 
follows: 
(1)  A geologist or hydrologist not employed by the State; 
(2)  An individual with expertise in farming or agriculture; 
(3)  Two representatives of environmental advocacy organizations operating in 
the State; and 
(4)  Two members of the general public with an interest in the development of a 
statewide groundwater trust. 
2.  Duties.  The working group shall develop the statutory and regulatory framework 
necessary for the establishment of the trust, including laws establishing the absolute 
control and dominion of the State, in the form of the trust, over all groundwater in the 
State.  The working group must ensure that the trust is designed to accomplish the 
following purposes: 
A.  Determine and monitor the levels and quantities of groundwater necessary to 
provide a safe and plentiful drinking water supply to all residents of the State; 
B.  Determine and monitor the quantities of groundwater that may be accessed by 
private entities for commercial use; 
C.  Permit or otherwise regulate the use of groundwater for commercial purposes; and 
D.  Inventory and address issues with the water infrastructure of the State, including 
municipal drinking water and wastewater pipelines and associated systems. 
3.  Report.  On or before January 15, 2019, the Commissioner of Environmental 
Protection shall report the recommendations of the working group, including any 
proposals for statutory or regulatory changes necessary to establish the trust in 
accordance with section 2, to the joint standing committee of the Legislature having 
jurisdiction over environment and natural resources matters.  After reviewing the report, 
the committee may report out a bill to implement recommendations contained in the 
report to the First Regular Session of the 129th Legislature. 
SUMMARY 
This bill imposes a 2-year moratorium, beginning November 1, 2017, on new 
contracts or agreements by a consumer-owned water utility, municipality, state agency or 
other governmental entity involving the extraction of more than 75,000 gallons of 
groundwater during any week or more than 50,000 gallons of groundwater on any day.  
The bill also directs the Commissioner of Environmental Protection to convene a working 
group to develop the statutory and regulatory framework for the establishment of the 
Maine Water Trust, which must be designed to ensure a safe and plentiful drinking water 
supply to all residents of the State by regulating the use of groundwater for commercial 
purposes under laws that establish the absolute control and dominion of the State over all 
groundwater supplies in the State.  The commissioner must, on or before January 15, 
2019, report the recommendations of the working group to the joint standing committee 
of the Legislature having jurisdiction over environment and natural resources matters, 
which may report out a bill to implement those recommendations to the First Regular 
Session of the 129th Legislature.