An Act to Impose a Fee on Commercial Water Withdrawn from Lakes and Ponds to Fund Conservation Efforts and Prohibit a Fee on the Sale of Water Withdrawn from a Lake or Pond
Maine Legislature, Session 131, LD 1081
Committee: Environment and Natural Resources
Sponsors: POULIOT, SMITH, BRENNER
Amends: 38 MRSA §1844

Legislative Document
No. 1081
S.P. 450
In Senate, March 9, 2023
An Act to Impose a Fee on Commercial Water Withdrawn from 
Lakes and Ponds to Fund Conservation Efforts and Prohibit a Fee 
on the Sale of Water Withdrawn from a Lake or Pond
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator POULIOT of Kennebec.
Cosponsored by Representative SMITH of Palermo and
Senator: BRENNER of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA c. 208-C is enacted to read:
CHAPTER 208-C
SALE OF WATER IN BULK
§1299.  Sale of water in bulk
A person selling water that is withdrawn from a lake or pond in this State may not 
charge a fee for water that is delivered in bulk.  A person selling water that is withdrawn 
from a lake or pond in this State may charge a reasonable delivery fee for that water when 
it is delivered in bulk.
Sec. 2.  38 MRSA §1844 is enacted to read:
§1844.  Lake conservation program
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Lake association" means a nonprofit organization incorporated under state law the 
corporate purpose of which includes maintenance or improvement of water quality or 
public safety on a lake or pond, management of water levels or other social, 
educational, stewardship or advocacy efforts to benefit users of or the natural 
environment of a lake or pond.
B. "Production fee" means the fee authorized by subsection 2.
C. "Program" means the program established under subsection 4.
2.  Production fee.  The department shall impose a production fee on water withdrawn 
from a lake or pond for commercial purposes at a rate of 10% of the retail price of the water 
withdrawn.  
3. Disposition of fees; account.  A production fee collected under this section must be 
deposited in a nonlapsing Other Special Revenue Funds account to be used only for the 
purposes of the program. This account may receive money from grants, gifts, bequests and 
donations.
4. Lake conservation program.  The department shall develop and implement a 
program to provide grants to lake associations for conservation efforts.  The department 
may give grants to lake associations in an amount equal to the total amount of the 
production fees collected for the water withdrawn from the lake or pond served by the lake 
association.  Grant money awarded under this section may be used only for conservation 
efforts by the lake association.
5. Rules.  The department shall adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2‑A.  
SUMMARY
This bill prohibits a person from charging a fee for water withdrawn from a lake or 
pond in the State and allows a delivery fee for that water.  The bill requires the Department 
of Environmental Protection to impose a production fee on water withdrawn from a lake or 
pond for commercial purposes and directs the department to use the money collected to 
give grants to lake associations for conservation efforts.