Resolve, to Further Study the Role of Water as a Resource
Maine Legislature, Session 131, LD 1641
Committee: Taxation
Sponsors: SAYRE, CHIPMAN, BELL, GRAMLICH, JAUCH, OSHER

Legislative Document
No. 1641
H.P. 1051
House of Representatives, April 12, 2023
Resolve, to Further Study the Role of Water as a Resource
Reference to the Committee on Taxation suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SAYRE of Kennebunk.
Cosponsored by Senator CHIPMAN of Cumberland and
Representatives: BELL of Yarmouth, GRAMLICH of Old Orchard Beach, JAUCH of 
Topsham, OSHER of Orono.
Sec. 1.  Commission established. Resolved:  That the Commission to Study the 
Role of Water as a Resource in the State of Maine, referred to in this resolve as "the 
commission," is established.
Sec. 2.  Commission membership. Resolved: That, notwithstanding Joint Rule 
353, the commission consists of 17 members:
1.  Seven members appointed by the President of the Senate as follows:
A.  Two members of the Senate, including a member from each of the 2 parties holding 
the largest number of seats in the Legislature;
B.  One member of the public residing in northern Maine;
C.  One member representing the interests of persons who bottle or package water for 
commercial sale;
D.  One member representing the interests of municipal water utilities; and
E.  Two members who are members of federally recognized Indian nations, tribes or 
bands in the State based on the joint recommendation of the tribal governments of the 
Mi'kmaq Nation, the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe at 
Motahkomikuk, the Passamaquoddy Tribe at Sipayik and the Penobscot Nation. If the 
tribal governments do not make unanimous joint recommendations, the President of 
the Senate shall appoint 2 members of federally recognized Indian nations, tribes or 
bands in the State;
2.  Six members appointed by the Speaker of the House of Representatives as follows:
A.  Two members of the House of Representatives, including a member from each of 
the 2 parties holding the largest number of seats in the Legislature;
B.  One member of the public residing in western Maine;
C.  One member representing the interests of businesses that use water to irrigate 
agricultural products;
D.  One member representing organizations involved in the protection of the 
environment; and
E.  One member with general legal expertise in water rights and water ownership;
3.  The Commissioner of Environmental Protection or the commissioner's designee;
4.  The State Geologist or the State Geologist's designee;
5.  The director of the drinking water program within the Department of Health and 
Human Services, Maine Center for Disease Control and Prevention, division of 
environmental health or the director's designee; and
6.  The chair of the Public Utilities Commission or the chair's designee.
Sec. 3.  Chairs; quorum. Resolved: That the first-named Senate member is the 
Senate chair and the first-named House of Representatives member is the House chair of 
the commission.  A quorum is 9 members and a quorum must be present to start a meeting 
but is not required to continue a meeting.
Sec. 4.  Appointments; convening of commission. Resolved: That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the commission.  If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority for 
the commission to meet and conduct its business.
Sec. 5.  Duties. Resolved:  That the commission shall review the report submitted 
to the Legislature by the Commission to Study the Role of Water as a Resource in the State 
of Maine pursuant to Resolve 2021, chapter 185.  The commission shall develop findings 
and recommendations, including any suggested legislation, to ensure that there is adequate 
clean, safe and accessible drinking water for the State's residents and to meet the needs of 
commercial and business interests now and in the future, which may include, but are not 
limited to, consideration of the following matters:
1.  Promoting public access to information about the State's water resources; 
consolidating and centralizing access to existing water use and water resources data; and 
enhancing or supplementing water use and water resources monitoring and data collection 
and the analysis of that data;
2.  Enhancing drought preparedness and drought resilience by agricultural producers 
and others;
3.  Reviewing the legal status of groundwater rights and ownership in Maine, including, 
but not limited to, further review of the Law Court's opinion in Maddocks v. Giles, 1999 
ME 63, 728 A.2d 150, and the approaches to this issue taken by other states;
4.  Protecting public and private drinking water sources from perfluoroalkyl and 
polyfluoroalkyl substances contamination and other contaminants; and
5.  Identifying any changes to state laws or rules regulating the large-scale extraction 
of groundwater for public or private use that may be necessary to ensure adequate supply 
for all users.
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the commission, except that Legislative Council staff support 
is not authorized when the Legislature is in regular or special session.
Sec. 7.  Report. Resolved: That, no later than December 15, 2023, the commission 
shall submit a report that includes its findings and recommendations, including any 
suggested legislation, to the joint standing committee of the Legislature having jurisdiction 
over taxation matters. After reviewing the report, the joint standing committee may report 
out legislation related to the report to the Second Regular Session of the 131st Legislature.
SUMMARY
This resolve establishes the Commission to Study the Role of Water as a Resource in 
the State of Maine to develop findings and recommendations, including any suggested 
legislation, to ensure that there is adequate clean, safe and accessible drinking water for the 
State's residents and to meet the needs of commercial and business interests now and in the 
future. This study is designed to build off the work of the Commission to Study the Role 
of Water as a Resource in the State of Maine that was established pursuant to Resolve 2021, 
chapter 185.