An Act Regarding
Maine Legislature, Session 132, LD 0529
Committee Amendment CA_A_H670 (House)

COMMITTEE AMENDMENT "A" to H.P. 348, L.D. 529, "An Act Regarding 
Dams" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Establish the Alamoosook Lake Watershed Management District' 
Amend the bill by striking out everything after the title and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the current owner of the dam on Alamoosook Lake has petitioned the 
Department of Environmental Protection for release from ownership of that dam and all 
property rights necessaiy to maintain and operate that dam under the Maine Revised 
Statutes, Title 38, chapter 5, subchapter 1, article 6; and 
Whereas, pursuant to Title 38, chapter 5, subchapter 1, article 6, a dam owner 
petitioning for release from ownership is required to consult with the persons listed in Title 
8, section 902, subsection 3 to. determine if any of those persons wish to assume ownership 
of the dam; and 
Whereas, the municipalities in which a dam is located are included in the mandatory 
consultation procedure under Title 3 8, section 902, and the consultation period for a 
municipality is significantly time-limited to 180 days after the date a petition for release 
from dam ownership is filed by the dam owner, with the opportunity for one extension of 
days following that initial period; and 
Whereas, the watershed management district established in this legislation is 
designed to assume ownership of the dam on Alamoosook Lake and to subsequently 
maintain and operate that dam, including coordinating water level management, on 
Alamoosook Lake; and 
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COMMITTEE AMENDMENT 'A" to H.P. 348, L,D, 529 
Whereas, the watershed management district must therefore be established prior to 
the expiration of the statutory period in Title 38, section 902 to effectuate and implement 
the municipal consultation procedure; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 
District established; general provisions. 
The Alamoosook Lake 
Watershed Management District, refe11'ed to in this Act as "the district," is established as a 
quasi-municipal corporation, incorporated for the purposes described in this Act. 
1. Tax exemption. The property, both real and personal, rights and franchises of the 
district held within the boundaries of the Town of Orland are forever exempt from taxation. 
2. Liability. The district is a governmental entity for the purposes of the Maine Tort 
Claims Act. 
3. Funding eligibility. The district qualifies for any grants, loans or other funding in 
the same manner as a municipality. 
4. Watershed district. The district is eligible for state agency assistance for watershed 
districts as provided in the Maine Revised Statutes, Title 38, section 2012. 
5. Fiscal year. The fiscal year of the district is from July lstto June 30th of each year. 
Sec. 2. Governance. The affairs of the district are managed by a board of trustees, 
referred to in this Act as "the board," made up of a combination of trustees appointed by 
the municipal officers of the Town of Orland and trustees elected by the owners of the 
waterfront properties abutting Alamoosook Lake, referred to in this Act as "the waterfront 
property owners." 
1. Membership. Except as othe1wise provided in this section, the board consists of 5 
trustees as follows: 
A. Three trustees appointed by the municipal officers of the Town of Orland; and 
B, Two trustees elected by the waterfront property owners as provided in this section. 
2. Nominations for election. Candidates for election by the waterfront property 
owners must be nominated by a lake or pond association representing at least 20% of the 
waterfront properties abutting Alamoosook Lake. If no such association is in existence, 
the nomination process is as adopted by the board. 
3. Conduct of elections. Upon the establishment of the district, the trustees appointed 
by the Town of Orland shall conduct the initial election of the trustees for the waterfront 
property owners. The full board shall conduct elections subsequent to the initial election. 
The election ballot must list the names of each trustee candidate and whether the candidates 
are seeking a full term or to complete the remaining term for a vacant board seat and must 
include any write-in candidates. Regardless of the number of actual or beneficial owners 
of a waterfront property, a duly authorized representative of each waterfront property 
owner may cast one vote for each open board seat listed on the election ballot. The 
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COMMITTEE AMENDMENT" A• to H.P. 348, L.D. 529 
candidate or, in the event that more than one board seat is listed on the election ballot, 
candidates who receive the most votes cast must be declared elected. 
4. Staggered terms. The initial terms of the trnstees appointed by the Town of Orland 
and the tmstees for the waterfront property owners must be staggered, as determined by 
lot, with as closely as possible equal numbers of trustees serving initial terms of one year, 
years and 3 years. Subsequently appointed or elected trustees serve 3-year terms. 
5, Vacancies. In the event a board seat occupied by a trustee appointed by the 
municipal officers of the Town of Orland under subsection 1, paragraph A becomes vacant, 
the municipal officers of the Town of Orland may appoint a replacementtmstee to complete 
the term for that seat. In the event a board seat occupied by a trustee elected by the 
waterfront property owners under this section becomes vacant, a lake or pond association 
representing the greatest percentage of waterfront properties abutting Alamoosook Lake 
may appoint an interim trustee to that seat until a replacement trustee is elected at the next 
regular annual election of trustees. If the association fails to appoint an interim trustee or 
if no such association is in existence, the seat remains vacant until the next regular annual 
election. 
6. Quorum; voting. A majority of the trustees appointed and elected to the board 
must be present at a meeting of the board to constitute a quomm. The board may take an 
action requiring a vote only upon the affinnative vote of: 
A. A majority of the trustees appointed and elected, regardless of the number' of 
trustees present and voting at a meeting; and 
B. At least one trustee appointed by the Town of Orland and at least one trustee elected 
by the waterfront property owners. 
7. Effect of withdrawal. If the Town of Orland withdraws from the district in 
accordance with section 6, the trustees appointed to represent the Town of Orland must be 
reduced to one, with that reduction determined by lot, and the number of trustees for the 
waterfront property owners must be increased to 4, with the additional seats to be filled in 
the same manner as a vacancy for a board seat for the waterfront property owners under 
subsection 5. 
Sec. 3. Powers; responsibilities. The district may sue; make contracts; apply for 
and accept grant or loan funds; accept gifts; purchase, lease, devise or otherwise acquire, 
hold or dispose of real or personal property; disburse money; contract debt; adopt rnles; 
and do such other acts as necessary to cany out the powers and responsibilities described 
in this section. 
1. Powers. The district may: 
A. Develop operational rnles for the management of the district, including developing 
topic-specific committees with outside experts when necessary; 
B. Deliver an annual request to the Town of Orland, subject to voter approval, to fund 
a portion of the district's operating and other costs; 
C. Levy and collect an assessment on the waterfront property owners to fund a portion 
of the district's operating and other costs and establish a lien on a waterfront property 
in the event the waterfront property owner does not pay in full the assessed amount by 
the date the payment is due; and 
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COMMITTEE AMENDMENT "A" to H.P. 348, L.D. 529 
D. Enter into cooperative agreements with other watershed management districts, 
municipalities and entities for the purposes of planning, operations and maintenance 
and watershed improvement and for other purposes determined by the district. 
2. Responsibilities. The district is responsible for: 
A. Acquiring ownership of, owning, maintaining and operating the dam, the land under 
the dam, the equipment and other personal property necessary to maintain and operate 
the dam and flowage and access rights associated with the dam on Alamoosook Lake, 
including general operations, managing water levels and flow, managing inspections, 
planning for upgrades or repairs and other dam management activities; 
B. Preparing an annual operating and capital budget as described in this Act; 
C. Holding at least one public meeting to discuss the district's annual proposed budget 
as described in this Act, which must be held at least 2 weeks prior to a vote by the 
legislative body of the Town of Orland on an article requesting the annual municipal 
contribution; 
D. Conducting elections oftrnstees for the waterfront property owners; 
E. Electing trustees as officers of the board; 
F. Administering the affairs of the district, including, but not limited to, fmancial 
management activities, record keeping, public communications and contract 
management;and 
G. 
Proactively assessing watershed improvements and developing policies and 
practices to enhance the Alamoosook Lake watershed, including seeking funding 
opportunities for watershed improvements such as fish passage improvements, 
courtesy boat inspections and water quality and invasive species monitoring activities. 
Sec. 4. Annual operating and capital budget. The board shall develop an annual 
operating budget, which must include proposed appropriations into reserves for any capital 
expenditure purpose or capital expenditure appropriations as described in this section. 
1. Budget hearing; board approval. Prior to January 15th of each year and with 
sufficient time to incorporate any public input, the board shall hold a public budget hearing. 
At the budget hearing, the board shall explain the proposed budget, and residents of the 
Town of Orland and the waterfront property owners must be given an opportunity to be 
heard. At the budget hearing, only those items concerning the expenses necessary to 
operate the district, appropriations for a reserve fund and capital expenditure are subject to 
public input. 
A proposed annual budget may not be fmalized and submitted for 
appropriation to the Town of Orland unless approved by the board as follows: 
A. A proposed annual budget of less than $100,000 may be fmalized and approved 
only by the affinnative vote of a majority of the trustees appointed and elected to the 
board, regardless of the number of trustees present and voting, if at least one such 
affirmative vote is provided by a trustee appointed by the Town of Orland under section 
2, subsection 1, paragraph A and at least one such affirmative vote is provided by a 
trustee elected by the waterfront property owners under section 2; and 
B. A proposed annual budget of$100,000 or more may be fmalized and approved only 
by the affirmative vote of 2/3 of the trustees appointed and elected to the board, 
regardless of the number of trustees present and voting. 
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The $100,000 budget figure in paragraphs A and B must be adjusted annually for 
cumulative price inflation since December 31, 2024, based on the change in the Consumer 
Price Index for All Urban Consumers, Annual City Average, for the Northeast Region, as 
published by the United States Department of Labor, Bureau of Labor Statistics or, if that 
statistic is no longer published or available, by an altemative measure of price inflation as 
determined by the board. 
The board shall ensure that the final annual budget is finalized for approval no later than 
January 15th. 
2. Budget approval process. Upon fmalization of the annual budget by the board, 
the Town of Orland, for consideration at a town meeting, shall incorporate a wan-ant article 
as described in this section to allow the voters of the town to approve or reject the budget. 
During the initial funding period for the district, any requests for appropriation from the 
district may include only those amounts in excess of the amounts already appropriated by 
the Town of Orland at the time the district was formed. 
The district shall provide information in print or electronic format regarding the annual 
budget and appropriation request to the Town of Orland prior to and at the town's annual 
town meeting, which must include the total amounts proposed by the district for each cost 
center summa1y budget category, the amount approved by the board after public input 
gathered at the budget hearing and a summary of the total authorized expenditures for the 
district. 
The board shall prepare the wanant article for this purpose and shall deliver the article to 
the municipal clerk of the Town of Orland no later than Februa1y 1st of each year. The 
wanant article must be in substantially the following form: 
"Do you favor the Town of Orland raising and appropriating from property 
tax$ (insert amount) to pay the Town of Orland's municipal contribution 
to the Alamoosook Lake Watershed Management District?" 
3. Failure to approve municipal contribution. The Town of Orland's vote on the 
warrant article determines its obligation to pay the municipal contribution for the budgeted 
fiscal year. If the Town of Orland fails to appropriate funds for its municipal contribution, 
the amount not appropriated must be included in the assessment on the waterfront property 
owners. 
Sec. 5. Contributions; assessments. 
The annual budget for the district as 
described in this Act must reflect all expected expenditures and additions to capital 
reserves, net of any grants, donations, loans or other anticipated sources of funds. To the 
extent that additional funds are required to balance the budget, referred to in this Act as 
"the aggregate funds required, 
the Town of Orland and the waterfront property owners 
shall provide funding for the aggregate funds required as follows. 
1. Municipal contributions. If approved by the voters of the Town of Orland pursuant 
to section 4, the Town of Orland shall provide funding for 50% of the aggregate funds 
required, which must be dete1mined by the board in the manner described in section 4. The 
Town of Orland's appropriated municipal contribution must be paid to the district prior to 
August 1st of each year. 
2. Waterfront property owners. The waterfront property owners shall provide 
funding for the aggregate funds required that are not provided pursuant to subsection 1, 
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COMMITTEE AMENDMENT" A• to H.P. 348, L.D. 529 
which must be determined by the board as described in section 4. If the Town of Orland 
fails to appropriate funds for its municipal contribution, the amount not appropriated must 
be included in the assessment on the waterfront property owners. 
A. Each waterfront property owner shall pay an assessment proportionate to the 
amount of shoreline frontage along Alamoosook Lake on that waterfront property 
owner's lot or parcel. For the purposes of calculating this assessment, the shoreline 
frontage is the amount used for the purposes of property tax assessment, up to a 
maximum of 3 00 feet of shoreline frontage, and a lot or parcel with more than 3 00 feet 
of shoreline frontage must be deemed to have only 3 00 feet of shoreline frontage. 
B. The district shall mail an invoice for the assessment amount due to each waterfront 
property owner on a schedule and with a specified payment due date as determined by 
the board. Failure to pay the assessment amount by the specified payment due date 
incurs interest as determined by the board in a manner consistent with the Maine 
Revised Statutes, Title 36, section 505. The district may place a lien on the lot or parcel 
of a waterfront property owner that fails to pay the assessment amount by the specified 
payment due date. 
Sec. 6. Withdrawal; dissolution. The legislative body of the Town of Orland may 
by majority vote elect to withdraw from the district, and the board must approve the 
withdrawal, subject to conditions and requirements reasonably necessaty for the continued 
operation of the district as may be directed by the board. If the Town of Orland fails to 
appropriate funds for its municipal contribution in accordance with the requirements of this 
Act for 2 consecutive years, it is considered to have withdrawn from the district, subject to 
conditions and requirements reasonably necessary for the continued operation of the district 
as may be directed by the board. The district may be dissolved upon the disposition of all 
of its assets and settlement of any liabilities and by an affirmative vote on dissolution by a 
majority of the trnstees of the board. 
Sec. 7. 
Authorized activities prior to referendum. 
Notwithstanding the 
referendum requirement of section 8, the municipal officers of the Town of Orland shall 
prepare an estimated budget for the district for its first year of operation and shall determine 
the aggregate funds required for that year. The municipal officers shall determine the 
required municipal contribution for the Town of Orland, which must represent 50% of those 
aggregate funds required. The municipal contribution amount determined pursuant to this 
section must be used for the purposes of the referendum required in section 8. 
Sec. 8. 
Emergency clause; referendum; effective date. 
In view of the 
emergency cited in the preamble, this Act takes effect when approved only for the purposes 
of allowing the municipal officers of the Town of Orland to prepare an estimated budget 
and dete1mine the aggregate funds required and required municipal contribution pursuant 
to section 7 and for pe1mitting the Act's submission to the legal voters of the Town of 
Orland at a referendum called for that purpose and held after June 1, 2025 but within 2 
years after the effective date of this Act. The referendum must be called by the municipal 
officers of the Town of Orland and must be held at the regular voting places. The 
referendum must be called, advertised and conducted according to the law relating to 
municipal elections. For the purpose ofregistration of voters, the registrar of voters must 
be in session the regular workday preceding the referendum. The subject matter of this Act 
must be reduced to a question in substantially the following form: 
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COMMITTEE AMENDMENT •A" to H.P. 348, L.D. 529 
"Do you favor the establishment of and the Town of Orland's patticipation 
in the Alamoosook Lake Watershed Management District and the 
appropriation of$ (insert amount) to provide the Town of Orland's share 
of the estimated budget for the first year of operation of the Alamoosook 
Lake Watershed Management District?" 
The voters shall indicate by a cross or check mark placed against the word "Yes" or 
"No" their opinion of the same. 
The results must be declared by the municipal officers of the Town of Orland and due 
certificate of the results filed by the clerk with the Secretary of State. 
This Act takes effect for all other purposes immediately upon its approval by a majority 
of the legal voters of the Town of Orland voting at the referendum. Failure to achieve the 
necessary approval in any referendum does not prohibit subsequent referenda consistent 
with this section as long as the referenda are held within 2 years after the effective date of 
this Act.' 
Amend the bill by relettering or renumbering any nonconsecutive Patt letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft, and changes the title. 
Subject to approval by the voters of the Town of Orland at referendum, the amendment 
establishes the Alamoosook Lake Watershed Management District for the purposes of 
acquiring ownership of, owning, maintaining and operating the dam on Alamoosook Lake 
and engaging in other related activities. The costs of operations of the Alamoosook Lake 
Watershed Management District are to be funded as follows: 5 0% of the costs by municipal 
contribution from the Town of Orland, if approved by its voters; and the remainder of the 
costs by assessments on the owners of waterfront property abutting Alamoosook Lake as 
determined based on the shoreline frontage of each waterfront prope1ty owner. 
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