An Act Regarding Changes of Ownership of Dams
Maine Legislature, Session 132, LD 1698
Committee: Environment and Natural Resources
Sponsors: MILLIKEN
Amends: 38 MRSA §901, 38 MRSA §903

Legislative Document
No. 1698
H.P. 1133
House of Representatives, April 17, 2025
An Act Regarding Changes of Ownership of Dams
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLIKEN of Blue Hill.
Cosponsored by Representative: BISHOP of Bucksport, Senators: GROHOSKI of Hancock, 
HAGGAN of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §901, sub-§1, as enacted by PL 1995, c. 630, §3, is amended to 
read:
1.  Petition.  The owner of a dam that is not licensed or exempted from licensure by 
the Federal Energy Regulatory Commission may petition the department to initiate 
proceedings for release from dam ownership or water-level maintenance under this article.  
The petition must include the following information:
A.  The name, address and phone number of the dam owner of the dam and related 
impoundment and any identified transferee of the dam and related impoundment;
B.  The location of the dam and related impoundment;
C.  A plan of the dam and related impoundment and brief descriptions of the condition 
of the dam and related impoundment and recent operation of the dam and related 
impoundment, including all associated real and intangible property used to provide 
services and dam and related impoundment operations and maintenance and water-
level management; and
D.  Any other reasonable information the department determines necessary to 
implement this article.
E.  Any purchase and sale agreement or closing binder in the acquisition of the dam 
and related impoundment, including any title searches, title insurance policies and all 
incorporated covenants and easements related to the dam and related impoundment to 
or from the owner and owner's predecessors in title or business ownership;
F.  The insurance policies and documentation and related costs that the owner is 
currently using to address risk management of failures and maintenance costs related 
to the dam and related impoundment;
G.  Copies of any federal, state and local permits and approvals related to the operation 
of the dam and related impoundment;
H.  Any information on deeded or contractual water rights and water-level 
requirements and management, including deeds, easements and contracts, and any 
information related to intakes and piping structures present or removed within the prior 
years associated with the dam and related impoundment;
I.  Any information regarding the composition of structures on or associated with the 
dam and related impoundment such as piping, pipelines and coating of piping and 
pipelines, including whether the structures have been tested for the presence of 
hazardous materials, including but not limited to polychlorinated biphenyls or asbestos, 
including all test results and reports on environmental conditions and hazards posed by 
such structures, piping, pipelines and coating;
J.  A complete list of associated assets, including any land, dams and related 
impoundments, owned by the owner and any corporate affiliate of the owner located 
in the watershed;
K.  A copy of any emergency action plan or response plan related to the dam and related 
impoundment;
L.  A copy of the operations and maintenance plan required by the Department of 
Defense, Veterans and Emergency Management, Maine Emergency Management 
Agency for the dam and related impoundment along with inspection and maintenance 
records covering the last 24 months;
M.  Property tax obligations and records for the dam and related impoundment and 
associated real property and tangible property assets owned by the owner and any 
corporate affiliate of the owner located in the watershed;
N.  All budgets, reports, capital plans and maintenance and repair costs identified by 
or prepared by the owner of the dam and related impoundment or of which the owner 
is aware, including:
(1)  The current and budgeted project and capital improvement plans for the prior 
years and following 10 years to maintain the dam and related impoundment and 
associated infrastructure and tangible assets;
(2)  Budgeted preventive maintenance activities for the prior 10 years and 
following 10 years, including vendors used, scope of work and expenditures;
(3)  Estimated timing, costs and scope of work of any past or proposed construction 
repairs and improvements to the dam and related impoundment for the prior 10 
years and following 10 years, including vendors used, scope of work and 
expenditures; and
(4)  Itemization of all revenues received by the owner of the dam and related 
impoundment and related corporate affiliates of the owner for the dam and 
impoundment services and for services from or sale of real and tangible property 
related to the dam and related impoundment;
O.  All contracts between the owner of the dam and related impoundment and other 
businesses related to the obligations with respect to and the provision and maintenance 
of the water supply and water-level maintenance;
P.  Existing as-built construction plans for the dam and related impoundment and all 
appurtenances, including structural plans and drawings and any revisions, including 
any plans, site layout plans, contours, adjacent land use, right-of-way maps of 
properties related to the dam and related impoundment, utility maps and mechanical 
drawings for gates, pumps and fish ladders;
Q.  Engineering reports and information related to the dam and related impoundment, 
including capital upgrade assessments and recommendations, operational and expense 
recommendations from the prior 10 years and following 10 years, any geotechnical 
borings, soil test data, recommendation reports, topographic survey data, stream and 
lake cross sections and bathymetric surveys upstream and downstream of the dam; 
hydrologic and hydraulic studies and data and Hydraulic Engineering Center River 
Analysis System models or similar hydrologic models; and
R.  Any environmental reports related to the dam and related impoundment, including 
impact assessments related to dam removal, configuration or abandonment, including 
evaluations of contaminants in the sediments located in the impoundment that could 
potentially be released by the dam removal, dam failure or the release of impoundment 
water.
The department shall notify the owner within 15 days of receipt of the petition if the 
department determines that the petition does not comply with the requirements of this 
section.  If notice is not sent within 15 days, the petition is deemed to comply.
Sec. 2.  38 MRSA §903, sub-§2, ¶B, as enacted by PL 1995, c. 630, §3, is amended 
to read:
B.  The value to fisheries and wildlife of maintaining the dam; and
Sec. 3.  38 MRSA §903, sub-§2, ¶C, as enacted by PL 1995, c. 630, §3, is amended 
to read:
C.  The value to fisheries and wildlife of releasing water from the dam.; and
Sec. 4.  38 MRSA §903, sub-§2, ¶D is enacted to read:
D.  The economic impact on surrounding communities, including private and 
municipal interests.
SUMMARY
This bill adds to the list of the types of information that a petitioner must include in a 
petition to the Department of Environmental Protection to initiate proceedings for release 
from dam ownership or water-level maintenance.  It also requires the Department of Inland 
Fisheries and Wildlife to review the economic impact on surrounding communities, 
including private and municipal interests, in determining whether the best interest of the 
public requires that the department assume ownership of a dam.