An Act to Enhance State Oversight of Water Use and Water Resources
Maine Legislature, Session 131, LD 1441
Committee: Agriculture, Conservation and Forestry
Sponsors: SAYRE, BELL, CHIPMAN, ANKELES, COLLINGS, GRAMLICH, JAUCH, MALON
Amends: 5 MRSA §6401, 7 MRSA §352

Legislative Document
No. 1441
H.P. 937
House of Representatives, March 30, 2023
An Act to Enhance State Oversight of Water Use and Water 
Resources
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SAYRE of Kennebunk.
Cosponsored by Representative BELL of Yarmouth, Senator CHIPMAN of Cumberland and
Representatives: ANKELES of Brunswick, COLLINGS of Portland, GRAMLICH of Old 
Orchard Beach, JAUCH of Topsham, MALON of Biddeford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §6401, sub-§1, ¶B, as enacted by PL 2019, c. 67, §1, is amended 
to read:
B.  The committee shall meet at least quarterly and report annually to the Department 
of Agriculture, Conservation and Forestry, beginning in August 2020. The committee 
shall plan for the sustainable use of water resources.  The committee shall focus on by:
(1)  Collecting and reviewing information regarding water withdrawal activities;
(2)  Coordinating state water resources information, developing measures to 
provide for the consolidation and centralization of collected state water resources 
information within a single state agency, ensuring public access to that information 
and identifying opportunities and resources to enhance or supplement the 
collection of state water resources information; and
(3)  Identifying watersheds at risk by refining the most recent analysis of 
watersheds at risk performed by the Bureau of Resource Information and Land Use 
Planning, Division of Geology, Natural Areas and Coastal Resources, Maine 
Geological Survey, including:
(a)  Conducting appropriate water resources investigations in watersheds at 
risk;
(b)  Considering projected increased water use by population, agricultural 
irrigation, commercial users, industrial users and other users;
(c)  Considering seasonal use;
(d)  Considering potential effects of climate change;
(e)  Considering the effects of anticipated future water quality classification 
changes on the availability of water for withdrawal;
(f)  In establishing priorities for further investigations, seeking input from the 
user community, from towns dealing with multimunicipal aquifers and from 
towns with significant local aquifers; and
(g)  Developing guidelines for consistency in further investigations.; and
(4)  Identifying measures to enhance or supplement the State's monitoring of and 
data collection regarding water use and water resources and the support of that data 
and, as necessary, identifying funding opportunities to support those measures.
Sec. 2.  5 MRSA §6401, sub-§1, ¶E is enacted to read:
E.  Beginning January 15, 2024, and annually thereafter, the committee shall submit a 
report to the Department of Agriculture, Conservation and Forestry and to the joint 
standing committees of the Legislature having jurisdiction over agriculture, 
conservation and forestry matters; environment and natural resources matters; energy 
and utilities matters; and health and human services matters. The report must include a 
summary of the committee’s activities during the prior calendar year and any findings 
and recommendations, including any suggested legislation, relating to the committee’s 
duties under paragraphs B and C. After reviewing the report, each joint standing 
committee may report out legislation to implement any of the recommendations 
included in the report.
Sec. 3.  7 MRSA §352, sub-§2, ¶D, as enacted by PL 2005, c. 559, §2, is amended 
to read:
D.  Use data generated by water withdrawal reports under Title 38, section 470‑D and 
other available information to prioritize watersheds needing alternative water sources 
for agricultural use and the allocation of funding; and
Sec. 4.  7 MRSA §352, sub-§2, ¶E, as enacted by PL 2005, c. 559, §2, is amended 
to read:
E.  Facilitate the implementation of the sustainable agricultural water source program 
under section 353.; and
Sec. 5.  7 MRSA §352, sub-§2, ¶F is enacted to read:
F.  Develop recommendations for measures to enhance drought preparedness and 
drought resilience by agricultural producers, including, but not limited to, improved 
water capture and storage measures, enhanced irrigation opportunities and measures to 
better identify and notify agricultural producers about areas where there is low flow 
and occurrences of low flow.  For the purposes of this paragraph, "low flow" means 
the flow of water in a stream is low due to prolonged dry weather.
Sec. 6.  7 MRSA §352, sub-§8 is enacted to read:
8.  Report.  Beginning January 15, 2024, and annually thereafter, the board shall 
submit a report to the joint standing committees of the Legislature having jurisdiction over 
agriculture, conservation and forestry matters and environment and natural resources 
matters.  The report must include a summary of the board's activities during the prior 
calendar year and any findings and recommendations, including any suggested legislation, 
relating to the board’s duties under subsections 2 and 3. After reviewing the report, each 
joint standing committee may report out legislation to implement any of the 
recommendations included in the report.
SUMMARY
This bill amends the duties of the Water Resources Planning Committee within the 
Department of Agriculture, Conservation and Forestry to include developing measures for 
the consolidation and centralization of collected state water resources information within a 
single state agency, ensuring public access to that information, identifying opportunities 
and resources to enhance or supplement the collection of state water resources information 
and enhancing or supplementing the State's monitoring of and data collection regarding 
water use and water resources.  It also requires the committee, beginning January 15, 2024, 
to annually submit a report to the department and to the joint standing committees of the 
Legislature having jurisdiction over agriculture, conservation and forestry matters; 
environment and natural resources matters; energy and utilities matters; and health and 
human services matters.  The report must include a summary of the committee's activities 
during the prior calendar year and any findings and recommendations, including any 
suggested legislation, and each joint standing committee may report out legislation to 
implement any of the recommendations included in the report. 
The bill also amends the duties of the Maine Agricultural Water Management Board 
within the department to include developing recommendations for measures to enhance 
drought preparedness and drought resilience by agricultural producers.  It also requires the 
board, beginning January 15, 2024, to annually submit a report to the joint standing 
committees of the Legislature having jurisdiction over agriculture, conservation and 
forestry matters and environment and natural resources matters. The report must include a 
summary of the board's activities during the prior calendar year and any findings and 
recommendations, including any suggested legislation, and each joint standing committee 
may report out legislation to implement any of the recommendations included in the report.