An Act To Reclassify Certain Waters of the State
Maine Legislature, Session 129, LD 1743
Committee: Environment and Natural Resources
Sponsors: ZEIGLER
Amends: 38 MRSA §467, 38 MRSA §468

Legislative Document
No. 1743
H.P. 1242
House of Representatives, May 16, 2019
An Act To Reclassify Certain Waters of the State
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative ZEIGLER of Montville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §467, sub-§1, ¶D, as amended by PL 2009, c. 163, §2, is 
further amended to read:
D.  Androscoggin River, minor tributaries - Class B unless otherwise specified. 
(1)  All tributaries of the Androscoggin River that enter between the Maine-New 
Hampshire boundary in Gilead and its confluence with, and including, the Ellis 
River and that are not otherwise classified - Class A.
(2)  Bear River - Class AA.
(3)  Sabattus River from Sabattus Lake to limits of the Lisbon urban area - Class 
C.
(4)  Webb River - Class A.
(5)  Swift River, and its tributaries, above the Mexico-Rumford boundary - Class 
A.
(6)  Nezinscot River, east and west branches above their confluence in Buckfield 
- Class A.
(7)  Wild River in Gilead, Batchelders Grant - Class AA.
(8)  Aunt Hannah Brook and its tributaries in Dixfield - Class A.
(9)  Tributaries to Webb Lake - Class A.
Sec. 2.  38 MRSA §467, sub-§4, ¶I, as amended by PL 2009, c. 163, §4, is 
further amended to read:
I.  Kennebec River, minor tributaries - Class B unless otherwise specified.
(1)  All minor tributaries entering above Wyman Dam that are not otherwise 
classified - Class A.
(2)  All tidal portions of tributaries entering between the Sidney-Vassalboro-
Augusta town line and a line drawn across the tidal estuary of the Kennebec 
River due east of Abagadasset Point - Class B, unless otherwise specified.
(a)  Eastern River from head of tide to its confluence with the Kennebec 
River - Class C.
(3)  Cold Stream, West Forks Plantation - Class AA.
(4)  Moxie Stream, Moxie Gore, below a point located 1,000 feet downstream of 
the Moxie Pond dam - Class AA.
(5)  Austin Stream and its tributaries above the highway bridge of Route 201 in 
the Town of Bingham - Class A.
(6)  East Branch Wesserunsett Stream above the downstream Route 150, 
Harmony Road, crossing in Athens - Class A.
(7)  Tributaries to East Branch Wesserunsett Stream - Class A.
Sec. 3.  38 MRSA §467, sub-§7, ¶A, as amended by PL 2003, c. 317, §12, is 
further amended to read:
A.  Penobscot River, main stem.
(1)  From the confluence of the East Branch and the West Branch to the 
confluence of the Mattawamkeag River, including all impoundments - Class C B.
(2)  From the confluence of the Mattawamkeag River to the confluence of 
Cambolasse Stream - Class B.
(3)  From the confluence of Cambolasse Stream to the West Enfield Dam - Class 
B.
(5)  From the West Enfield Dam, including the Stillwater Branch, to the Veazie 
Milford Dam, including all impoundments - Class B.
(6)  From the Veazie Milford Dam, but not including the Veazie Milford Dam, to 
the Maine Central Railroad bridge in Bangor-Brewer - Class B.  Further, the 
Legislature finds that the free-flowing habitat of this river segment provides 
irreplaceable social and economic benefits and that this use must be maintained.
(7)  From the Maine Central Railroad bridge in Bangor to a line extended in an 
east-west direction from a point 1.25 miles upstream of the confluence of Reeds 
Brook in Hampden - Class B.  Further, the Legislature finds that the free-flowing 
habitat of this river segment provides irreplaceable social and economic benefits 
and that this use must be maintained.
Sec. 4.  38 MRSA §467, sub-§7, ¶B, as repealed and replaced by PL 1989, c. 
764, §7, is amended to read:
B.  Penobscot River, East Branch Drainage.
(1)  East Branch of the Penobscot River, main stem.
(a)  Above its confluence with Grand Lake Mattagamon - Class A.
(b)  From the dam at the outlet of Grand Lake Mattagamon to a point located 
1,000 feet downstream from the dam - Class A.
(c)  From a point located 1,000 feet downstream from the dam at the outlet of 
Grand Lake Mattagamon to its confluence with the West Branch Mattaceunk 
impoundment as it existed on July 14, 1990 - Class AA.
(d)  From its confluence with the Mattaceunk impoundment as it existed on 
July 14, 1990 to its confluence with the West Branch - Class B.  Further, 
there may be no new direct discharges to this segment after January 1, 2019.
(2)  East Branch of the Penobscot River, tributaries - Class A unless otherwise 
specified.
(a)  All tributaries, any portion of which is located within the boundaries of 
Baxter State Park - Class AA.
(b)  Sawtelle Brook, from a point located 1,000 feet downstream from the 
dam at the outlet of Sawtelle Deadwater to its confluence with the Seboeis 
River - Class AA.
(c)  Seboeis River, from the outlet of Snowshoe Lake to its confluence with 
the East Branch - Class AA.
(d)  Wassataquoik Stream, from the boundary of Baxter State Park to its 
confluence with the East Branch - Class AA.
(e)  Webster Brook, from a point located 1,000 feet downstream from the 
dam at the outlet of Telos Lake to its confluence with Webster Lake - Class 
AA.
Sec. 5.  38 MRSA §467, sub-§7, ¶C, as amended by PL 2005, c. 159, §3, is 
further amended to read:
C.  Penobscot River, West Branch Drainage.
(1)  West Branch of the Penobscot River, main stem.
(a)  From the dam at the outlet of Seboomook Lake to a point located 1,000 
feet downstream from the dam at the outlet of Seboomook Lake - Class B.
(b)  From a point located 1,000 feet downstream from the dam at the outlet of 
Seboomook Lake to its confluence with Chesuncook Lake - Class A.
(b-1)  From its confluence with Chesuncook Lake to Ripogenus Dam - Class 
GPA as modified by section 464, subsection 9-A.
(c)  From Ripogenus Dam through Ripogenus Gorge to the McKay 
powerhouse - Class B.
(d)  From the McKay powerhouse to its confluence with Ambajejus Lake - 
Class A.
(e)  From the outlet of Elbow Lake to the outlet of Ferguson and Quakish 
Lakes - Class B.
(f)  From the outlet of Ferguson and Quakish Lakes to its confluence with the 
East Branch of the Penobscot River, including all impoundments Millinocket 
Stream - Class C.
(g)  From the confluence with Millinocket Stream to its confluence with the 
East Branch of the Penobscot River, including all impoundments - Class B.
(2)  West Branch of the Penobscot River, tributaries - Class A unless otherwise 
specified.
(a)  Those segments of any tributary that are within the boundaries of Baxter 
State Park - Class AA.
(b)  Those tributaries above the confluence with the Debsconeag Deadwater, 
any portion of which is located within the boundaries of Baxter State Park - 
Class AA.
(c)  Millinocket Stream, from the railroad bridge near the Millinocket-T.3 
Indian Purchase boundary to its confluence with the West Branch Canal - 
Class B.
(d)  Millinocket Stream from the confluence of the West Branch Canal to its 
confluence with the West Branch of the Penobscot River - Class C B.
Sec. 6.  38 MRSA §467, sub-§7, ¶D, as amended by PL 1999, c. 277, §11, is 
further amended to read:
D.  Mattawamkeag River Drainage.
(1)  Mattawamkeag River, main stem.
(a)  From the confluence of the East Branch and the West Branch to the 
Kingman-Mattawamkeag boundary - Class A.
(b)  From the Kingman-Mattawamkeag boundary to its confluence with the 
Penobscot River - Class AA.
(2)  Mattawamkeag River, tributaries - Class A unless otherwise specified.
(a)  East Branch Mattawamkeag River above Red Bridge - Class B.
(b)  West Branch Mattawamkeag River from Interstate 95 to its confluence 
with Mattawamkeag Lake - Class B.
(c)  Fish Stream - Class B.
Sec. 7.  38 MRSA §467, sub-§12, ¶B, as amended by PL 2009, c. 163, §8, is 
further amended to read:
B.  Saco River, tributaries, those waters lying within the State - Class B unless 
otherwise specified.
(1)  All tributaries entering above the confluence of the Ossipee River lying 
within the State and not otherwise classified - Class A.
(2)  Wards Brook (Fryeburg) - Class C.
(3)  Buff Brook (Waterboro) - Class A.
(4)  Ossipee River Drainage, those waters lying within the State - Class B unless 
otherwise specified.
(a)  Emerson Brook in Parsonsfield - Class A.
(b)  South River and its tributaries (Parsonsfield), those waters lying within 
the State - Class A.
(5)  Back Brook and its tributaries (Limington) - Class A.
Sec. 8.  38 MRSA §467, sub-§15, ¶C, as amended by PL 2017, c. 137, Pt. B, §9, 
is further amended to read:
C.  Aroostook River Drainage.
(1)  Aroostook River, main stem.
(a)  From the confluence of Millinocket Stream and Munsungan Stream to 
the Route 11 bridge - Class AA.
(b)  From the Route 11 bridge to the Sheridan Dam - Class B.
(c)  From the Sheridan Dam to its confluence with Presque Isle Stream, 
including all impoundments - Class B.
(d)  From its confluence with Presque Isle Stream to a point located 3.0 miles 
upstream of the intake of the Caribou water supply, including all 
impoundments - Class C.
(e)  From a point located 3.0 miles upstream of the intake of the Caribou 
water supply to a point located 100 yards downstream of the intake of the 
Caribou water supply, including all impoundments - Class B.
(f)  From a point located 100 yards downstream of the intake of the Caribou 
water supply to the international boundary, including all impoundments - 
Class C.
(2)  Aroostook River, tributaries, those waters lying within the State - Class A 
unless otherwise specified.
(a)  All tributaries of the Aroostook River entering below the confluence of 
the Machias River that are not otherwise classified - Class B.
(b)  Little Machias River and its tributaries - Class A.
(c)  Little Madawaska River and its tributaries, including Madawaska Lake 
tributaries above the Caribou-Connor Township line - Class A.
(d)  Machias River, from the outlet of Big Machias Lake to the Aroostook 
River - Class AA.
(e)  Millinocket Stream, from the outlet of Millinocket Lake to its confluence 
with Munsungan Stream - Class AA.
(f)  Munsungan Stream, from the outlet of Little Munsungan Lake to its 
confluence with Millinocket Stream - Class AA.
(g)  Presque Isle Stream and its tributaries above the Mapleton-Presque Isle 
town line - Class A.
(h)  St. Croix Stream from its confluence with Hall Brook in T.9, R.5, 
W.E.L.S. to its confluence with the Aroostook River - Class AA.
(j)  Scopan Stream from the outlet of Scopan Lake to its confluence with the 
Aroostook River - Class C.
(k)  Limestone Stream from the Long Road bridge to the Canadian border - 
Class C.
(l)  Beaver Brook and its tributaries (T.14 R.6 W.E.L.S., T.14 R.5 W.E.L.S., 
T.13 R.5 W.E.L.S., Portage Lake, Ashland, Castle Hill) - Class A.
(m)  Gardner Brook and its tributaries (T.14 R.5 W.E.L.S., T.13 R.5 
W.E.L.S., Wade) - Class A.
(n)  Salmon Brook and its tributaries (Perham, Westmanland) above Route 
crossing on main stem in Perham - Class A.
(o)  West Branch Salmon Brook and its tributaries (Wade, Perham, T.14 R.5 
W.E.L.S.) above the Washburn-Wade town line - Class A.
Sec. 9.  38 MRSA §468, sub-§2, ¶N, as enacted by PL 2003, c. 317, §20, is 
amended to read:
N.  Township 7 Southern Division.
(1)  Whitten Parritt Stream - Class A.
(2)  Tributaries to Tunk Stream - Class A.
Sec. 10.  38 MRSA §468, sub-§2, ¶¶O and P are enacted to read:
O.  Sullivan.
(1)  Tributaries to Tunk Stream - Class A.
P.  Township 10 Southern Division.
(1)  Tunk Stream and its tributaries - Class A.
Sec. 11.  38 MRSA §468, sub-§8, ¶P is enacted to read:
P.  Cherryfield.
(1)  Tunk Stream and its tributaries - Class A.
SUMMARY
This bill updates classifications for certain waters based on water quality data.