An Act to Amend the Laws Governmg Water Supply Protection Funds
Maine Legislature, Session 131, LD 0211
Committee Amendment CA_A_H191 (House)
Amends: 35-A MRSA §6113

COMlvfiTTEE AMENDMENT" A" to HP 132, L D 211, "An Act to Amend the 
Laws Governmg Water Supply Protection Funds" 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec.1. 35-A MRSA §6113, sub-§3, as enacted by PL 1993, c 30, §1 and amended 
by PL 2003, c 689, Pt B, §6, 1s furthe1 amended to read 
3. Use of water supply protection fund. Except as provided 111 subsection 4, a water 
supply protection fund may be used by a consumer-owned water utility only for the 
aeqa1srt1on of mterests in real prnperty reasonably neeessary for the protection of a pubhc 
water supply m accordance with this subsection A consumer-owned water utility may use 
a watei supply protection fund to acqmre mterests m real pioperty reasonably necessary 
for the protection of the pubhc water supply. mcludmg, but not lnmted to, the acqmsitlon 
of conservat10n easements, access easements, othe1 permanent mterests m land or long-
term leases of at least 99 years A consumer-owned water utility may also use a water 
supply protect10n fund to assist a holder m acgurrmg a fee mterest m real property 01 a 
conservat10n easement If that acqmsit10n 1s reasonably likely to result m or contribute to 
the protection of a public water supply If a consumer-owned water utility assists a holder 
m acqumng a conservation easement and the utility does not acqmre through the 
transaction a fee mterest m the property, consumer-owned water utihty shall obtam a 3rd-
party right of enf01cement with respect to that easement If a consumer-owned water utility 
assists a holder m acqumng a fee mterest m real property, the utthty shall acqmre a 
conservation easement unless the holder conveys a conservation easement to another 
holder, m which case the utility shall obtam a 3rd-party right of enforcement with respect 
to that conservation easement For purposes of this subsect10n.\ "protection ofpubhc water 
supply" mcludes watershed protection, groundwater protection or wellhead protection 
reasonably necessary to mmimize the potential for contammat1on of the consumer-owned 
water utthty' s water supply. If the consumer-owned water ut1hty has adopted a watershed 
control program pursuant to 40 Code of Federal Regulations, Section 141 71 and that 
program has been approved by the Department of Health and Human Services, any 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" A;." to HP 132, L D 211 
expenditures from the water supply protection fund pursuant to this section for the purposes 
of watershed protect10n must be m conformity with that watershed control program For 
purposes of this subsect10n, "conservat10n easement" has the same meamng as m Title 33, 
section 476, subsection l, "holder" has the same meanmg as m Title 33, sect10n 476, 
subsect10n 2; and "3rd-party right of enfoicement" has the same meanmg as m Title 33, 
sect10n 476, subsection 4' 
Amend the bill by relettermg or renumbering any nonconsecutive Part letter 01 section 
number to read consecutively 
SUMMARY 
This amendment replaces the bill It provides that a consumer-owned water ut1hty may 
use water supply protection funds to assist a holder to acqmre mterests m real property tf 
that acqumtton is reasonably likely to result in or contribute to the p1otection of a public 
waiter supply If a consumer-owned water utility assists a holder m acqumng a conservation 
easement and the utthty does not acqmre th1 ough the transaction a fee inte1 est m the 
property, the amendment reqmres the utility to obtam a 3rd-party right of enforcement with 
respect to that easement. If a consumer-owned wate1 utility assists a holder m acqumng a 
fee interest m real property, the utility must acqmre a conservation easement unless the 
holder conveys a conservation easement to another holder, m which case the utility must 
obtam a 3rd-party right of enforcement with respect to that conservation easement 
COMMITTEE AMENDMENT