reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §593. Violations; emergency procedures (REPEALED)

§593. Violations; emergency procedures
(REPEALED)
SECTION HISTORY
PL 1969, c. 474, §1 (NEW). PL 1971, c. 618, §12 (AMD). PL 1973, c. 438, §7 (AMD). PL 1977, c. 300, §46 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §594. Appeals (REPEALED)

§594. Appeals
(REPEALED)
SECTION HISTORY
PL 1969, c. 474, §1 (NEW). PL 1971, c. 618, §12 (AMD). PL 1977, c. 300, §47 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §595. Enforcement; violations (REPEALED)

§595. Enforcement; violations
(REPEALED)
SECTION HISTORY
PL 1969, c. 474, §1 (NEW). PL 1971, c. 256, §6 (AMD). PL 1971, c. 618, §12 (AMD). PL 1975, c. 282, §5 (RPR). PL 1977, c. 300, §48 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §596. Violations of orders and regulations; penalties (REPEALED)

§596. Violations of orders and regulations; penalties
(REPEALED)
SECTION HISTORY
PL 1969, c. 474, §1 (NEW). PL 1971, c. 256, §6 (AMD). PL 1971, c. 618, §12 (AMD). PL 1975, c. 282, §5 (RPR). PL 1977, c. 300, §48 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §597. Municipal air pollution control

§597. Municipal air pollution control
Nothing in this chapter shall be construed as a preemption of the field of air pollution study and control on the part of the State. Municipalities may study air pollution and adopt and enforce air pollution control and abatement ordinances, to the extent that these ordinances are not less stringent than this chapter or than any standard, order or other action promulgated pursuant to this chapter. Local ordinance provisions which touch on matters not dealt with by this chapter or which are more stringent than this chapter shall bind persons residing in the municipality.   [PL 1969, c. 474, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 474, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §598. Visible emissions (REPEALED)

§598. Visible emissions
(REPEALED)
SECTION HISTORY
PL 1973, c. 438, §8 (NEW). PL 1979, c. 476, §3 (AMD). PL 1979, c. 718, §6 (RPR). PL 1989, c. 890, §§A40,B168 (AMD). PL 1991, c. 171, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §599. Open burning (REPEALED)

§599. Open burning
(REPEALED)
SECTION HISTORY
PL 1973, c. 438, §8 (NEW). PL 1975, c. 228, §§2,3 (AMD). PL 1977, c. 300, §49 (AMD). PL 1979, c. 127, §214 (AMD). PL 1979, c. 556, §8 (AMD). PL 1981, c. 273, §§1-3 (AMD). PL 1983, c. 504, §7 (RPR). PL 1983, c. 703, §§2,3 (AMD). PL 1983, c. 743, §14 (AMD). PL 1985, c. 188 (AMD). PL 1989, c. 174, §§10-13 (AMD). PL 1989, c. 890, §§A40,B169 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §600. Fuel-burning equipment particulate emission standard (REPEALED)

§600. Fuel-burning equipment particulate emission standard
(REPEALED)
SECTION HISTORY
PL 1973, c. 438, §8 (NEW). PL 1979, c. 476, §§4,5 (AMD). PL 1983, c. 504, §8 (RPR). PL 1989, c. 890, §§A40,B170 (AMD). PL 1991, c. 171, §3 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §601. Incinerator particulate emission standard (REPEALED)

§601. Incinerator particulate emission standard
(REPEALED)
SECTION HISTORY
PL 1973, c. 438, §8 (NEW). PL 1975, c. 669, §§2,3 (AMD). PL 1977, c. 602, §§1-3 (AMD). PL 1977, c. 696, §345 (AMD). PL 1989, c. 890, §§A40,B171 (AMD). PL 1991, c. 171, §4 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §602. General process source particulate emissions (REPEALED)

§602. General process source particulate emissions
(REPEALED)
SECTION HISTORY
PL 1973, c. 438, §8 (NEW). PL 1989, c. 890, §§A40,B172 (AMD). PL 1991, c. 171, §5 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §603. Low sulfur fuel (REPEALED)

§603. Low sulfur fuel
(REPEALED)
SECTION HISTORY
PL 1973, c. 438, §8 (NEW). PL 1975, c. 669, §4 (RPR). PL 1983, c. 504, §9 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §603-B. Acid deposition control

§603-B. Acid deposition control
1.  Legislative findings and intent.
The Legislature finds that acid deposition, commonly referred to as "acid rain," resulting from commercial, industrial or other emissions of sulfur dioxide and nitrogen oxides, is occurring in the State. The Legislature also finds that acid deposition poses a present and severe threat to the State's natural resources, including its fish and wildlife, agriculture and water resources, as well as to the State's economy and public health. Increasing evidence suggests that acid deposition also affects the State's economy by reducing the growth productivity of the State's forest resources.
[PL 1985, c. 498, §1 (NEW).]
2.  Nitrogen oxides emission inventory.
The department shall prepare an inventory of both current and potential nitrogen oxide emission sources in the State. The department shall also evaluate the contribution of nitrogen oxide emissions to acid deposition and other air pollution problems in the State. The inventory and evaluation shall be completed and submitted to the Legislature by January 31, 1987.
[PL 1985, c. 498, §1 (NEW).]
3.  Acid rain impact study.
The department shall complete a study covering the following areas:
A. A resampling and measuring of the response of the State's lakes located in sensitive geologic areas;   [PL 1985, c. 498, §1 (NEW).]
B. An identification of sensitive receptor areas throughout the State based on, but not limited to, the following criteria: Geology; elevation; lake size; watershed area; and aquatic and terrestrial flora;   [PL 1985, c. 498, §1 (NEW).]
C. An assessment of the impact of acid deposition on the growth and productivity of the State's forest resources; and   [PL 1985, c. 498, §1 (NEW).]
D. A determination through long-range modeling techniques of the contribution of both in-state sources and out-of-state sources to acid rain deposition in the State.   [PL 1985, c. 498, §1 (NEW).]
In preparing this study, the department shall coordinate with and utilize as fully as possible the research being conducted at the University of Maine and research conducted by the United States Environmental Protection Agency regarding the acid rain problem. Results of this study shall be reported to the Legislature, together with recommendations for further actions, no later than January 31, 1987.
[PL 1985, c. 779, §84 (AMD).]
SECTION HISTORY
PL 1985, c. 498, §1 (NEW). PL 1985, c. 779, §84 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §604. Sulfur dioxide emission standard for sulfite pulping processes (REPEALED)

§604. Sulfur dioxide emission standard for sulfite pulping processes
(REPEALED)
SECTION HISTORY
PL 1973, c. 438, §8 (NEW). PL 1991, c. 171, §6 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §605. Malfunctions

§605. Malfunctions
Any person owning or operating any emission source that suffers a malfunction or breakdown in any component part and that malfunction or breakdown causes a violation of any emission standards shall notify the commissioner within 48 hours and submit a written report to the department on a quarterly basis.   [PL 1995, c. 235, §2 (AMD).]
SECTION HISTORY
PL 1973, c. 438, §8 (NEW). PL 1983, c. 566, §42 (AMD). PL 1989, c. 890, §§A40,B174 (AMD). PL 1995, c. 235, §2 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §606. Nonpoint sources or indirect sources; review of public ways (REPEALED)

§606. Nonpoint sources or indirect sources; review of public ways
(REPEALED)
SECTION HISTORY
PL 1975, c. 282, §6 (NEW). PL 1975, c. 570 (NEW). PL 1975, c. 770, §211 (RP). PL 1985, c. 746, §27 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §606-A. Tire-derived fuel

§606-A. Tire-derived fuel
Any physical or operational change of an industrial power boiler that does not result in an increase in permitted emissions and that is undertaken for the purpose of allowing the source to burn tire-derived fuel is not a modification of the source or emissions unit pursuant to regulations implementing section 590.   [PL 1989, c. 869, Pt. C, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 869, §C8 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §607. Municipal alternative (REPEALED)

§607. Municipal alternative
(REPEALED)
SECTION HISTORY
PL 1975, c. 770, §212 (NEW). PL 1979, c. 535 (AMD). PL 1989, c. 890, §§A40,B175 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §608. Stationary source performance standards (REPEALED)

§608. Stationary source performance standards
(REPEALED)
SECTION HISTORY
PL 1975, c. 669, §5 (NEW). PL 1979, c. 381, §15 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §608-A. Soil decontamination

§608-A. Soil decontamination
Any rotary drum mix asphalt plant may process up to 10,000 cubic yards of soil contaminated by gasoline or #2 fuel oil per year without an air emissions license pursuant to section 590. This limit may be exceeded with written authorization from the commissioner. The plant owner or operator shall notify the commissioner at least 24 hours prior to processing the contaminated soil and specify the contaminating fuel and quantity, origin of the soil and fuel and the disposition of the contaminated soil. The owner or operator shall maintain records of these activities for 6 years.   [PL 1991, c. 817, §32 (RPR).]
SECTION HISTORY
PL 1989, c. 546, §13 (NEW). PL 1989, c. 869, §C9 (AMD). PL 1989, c. 890, §§A40,B176 (AMD). PL 1991, c. 66, §A34 (RPR). PL 1991, c. 499, §20 (RPR). PL 1991, c. 817, §32 (RPR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §609. Petroleum liquid storage vapor control (REPEALED)

§609. Petroleum liquid storage vapor control
(REPEALED)
SECTION HISTORY
PL 1979, c. 385, §2 (NEW). PL 1989, c. 197, §3 (RPR). PL 1989, c. 890, §§A40,B177 (AMD). PL 1991, c. 171, §7 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §609-A. Gasoline service station vapor control (REPEALED)

§609-A. Gasoline service station vapor control
(REPEALED)
SECTION HISTORY
PL 1989, c. 197, §4 (NEW). PL 1991, c. 171, §8 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §609-B. Motor vehicle fuel volatility limit (REPEALED)

§609-B. Motor vehicle fuel volatility limit
(REPEALED)
SECTION HISTORY
PL 1989, c. 197, §4 (NEW). PL 1991, c. 171, §8 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §609-C. Gasoline tank truck tightness; self-certification (REPEALED)

§609-C. Gasoline tank truck tightness; self-certification
(REPEALED)
SECTION HISTORY
PL 1989, c. 197, §4 (NEW). PL 1989, c. 890, §§A40,B178 (AMD). PL 1991, c. 171, §9 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §610. Petroleum liquids transfer vapor recovery (REPEALED)

§610. Petroleum liquids transfer vapor recovery
(REPEALED)
SECTION HISTORY
PL 1979, c. 385, §2 (NEW). PL 1981, c. 441 (AMD). PL 1981, c. 580, §§1,2 (AMD). PL 1989, c. 197, §5 (RPR). PL 1989, c. 890, §§A40,B179 (AMD). PL 1991, c. 171, §10 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §610-A. Hexavalent chromium particulate emission standard (REPEALED)

§610-A. Hexavalent chromium particulate emission standard
(REPEALED)
SECTION HISTORY
PL 1987, c. 769, §A178 (NEW). PL 1991, c. 171, §11 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §610-C. Outdoor Wood Boiler Fund (REPEALED)

§610-C. Outdoor Wood Boiler Fund
(REPEALED)
SECTION HISTORY
PL 2007, c. 680, §2 (NEW). PL 2009, c. 209, §5 (AMD). MRSA T. 38 §610-C, sub-§4 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §610-D. Residential Wood Stove Replacement Fund

§610-D. Residential Wood Stove Replacement Fund
1.  Fund established.
The Residential Wood Stove Replacement Fund, referred to in this section as "the fund," is established as a nonlapsing fund administered by the department for the purpose of providing financial incentives for the replacement of wood stoves with cleaner alternatives.
[PL 2009, c. 653, §1 (NEW).]
2.  Sources of money.
The fund consists of any money received from the following sources:
A. Contributions from any source, both public and private; and   [PL 2009, c. 653, §1 (NEW).]
B. [PL 2009, c. 653, §1 (NEW); MRSA T. 38 §610-D, sub2, ¶B (RP).]
Money deposited in the fund must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by law. Interest on that investment must be credited to the fund.
[PL 2009, c. 653, §1 (NEW).]
3.  Disbursements from the fund.
The department shall apply the money in the fund toward the award of financial incentives to residents of the State to replace residential wood stoves manufactured prior to 1988 and used as a primary source of heat in an owner's primary residence with residential heating appliances with lower emissions of pollution, such as wood stoves, pellet stoves or vented gas stoves, that have been certified by the United States Environmental Protection Agency. Costs incurred by the department to administer the residential wood stove replacement program under subsection 4 may be paid by the fund.
[PL 2009, c. 653, §1 (NEW).]
4.  Residential wood stove replacement program.
The department shall establish through rulemaking a residential wood stove replacement program. The program must include, but is not limited to:
A. Public outreach and education;   [PL 2009, c. 653, §1 (NEW).]
B. Establishment of eligibility criteria for participating in the program, benefits available under the program and the process for establishing eligibility for benefits; and   [PL 2009, c. 653, §1 (NEW).]
C. Approved methods for removal and disposal of the replaced residential wood stoves.   [PL 2009, c. 653, §1 (NEW).]
[PL 2009, c. 653, §1 (NEW).]
5.  Rulemaking.
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2009, c. 653, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 653, §1 (NEW). MRSA T. 38 §610-D, sub2, ¶B (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1: GENERAL PROVISIONS › 38 §611. Owner or mortgagee in possession liable for acts of tenants

§611. Owner or mortgagee in possession liable for acts of tenants
The owner or mortgagee in possession, as well as any tenant, of any mill used for manufacturing lumber is liable for the acts of the tenant in unlawfully obstructing or diverting the water of any river or stream by the slabs or other mill waste from that mill, but no action may be maintained without a demand of damages, at least 30 days prior to its commencement. Such an unlawful obstruction or diversion by the tenant shall terminate, at the election of the owner or mortgagee and on written notice to the tenant, the tenancy.   [PL 1987, c. 769, Pt. A, §179 (RPR).]
SECTION HISTORY
PL 1983, c. 359, §2 (NEW). PL 1985, c. 746, §28 (AMD). PL 1987, c. 769, §A179 (RPR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1: GENERAL PROVISIONS › 38 §612. Streams forming state boundary

§612. Streams forming state boundary
This chapter applies to mills and dams erected upon streams forming the boundary line of the State although a part of the dam is not in the State. The rights and remedies of all parties concerned shall be ascertained and determined as if the whole of such streams were in the State. This chapter shall not apply to mills and dams erected upon streams whose waters ultimately reach the ocean at a point wholly outside the territorial limits of the United States of America unless said dams are authorized by Act of the Legislature or by a decree of the Public Utilities Commission made after public notice and hearing on petition for such authorization.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-A: LICENSING OF HYDROELECTRIC FACILITIES › 38 §621. Purpose (REPEALED)

§621. Purpose
(REPEALED)
SECTION HISTORY
PL 1979, c. 465 (NEW). PL 1983, c. 458, §14 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-A: LICENSING OF HYDROELECTRIC FACILITIES › 38 §622. Definitions (REPEALED)

§622. Definitions
(REPEALED)
SECTION HISTORY
PL 1979, c. 465 (NEW). PL 1981, c. 470, §A168 (AMD). PL 1983, c. 458, §15 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-A: LICENSING OF HYDROELECTRIC FACILITIES › 38 §623. Prohibition (REPEALED)

§623. Prohibition
(REPEALED)
SECTION HISTORY
PL 1979, c. 465 (NEW). PL 1983, c. 458, §16 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-A: LICENSING OF HYDROELECTRIC FACILITIES › 38 §624. Application and notice procedures (REPEALED)

§624. Application and notice procedures
(REPEALED)
SECTION HISTORY
PL 1979, c. 465 (NEW). PL 1983, c. 458, §16 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-A: LICENSING OF HYDROELECTRIC FACILITIES › 38 §625. Board action, administrative appeal and hearings (REPEALED)

§625. Board action, administrative appeal and hearings
(REPEALED)
SECTION HISTORY
PL 1979, c. 465 (NEW). PL 1983, c. 453, §7 (AMD). PL 1983, c. 458, §16 (RP). PL 1985, c. 506, §A80 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-A: LICENSING OF HYDROELECTRIC FACILITIES › 38 §626. Criteria (REPEALED)

§626. Criteria
(REPEALED)
SECTION HISTORY
PL 1979, c. 465 (NEW). PL 1981, c. 470, §A169 (AMD). PL 1983, c. 458, §17 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-B: PERMITS FOR HYDROPOWER PROJECTS › 38 §630. Short title

§630. Short title
This subarticle may be cited and referred to in proceedings and agreements as the "Maine Waterway Development and Conservation Act."   [PL 1983, c. 458, §18 (NEW).]
SECTION HISTORY
PL 1983, c. 458, §18 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-B: PERMITS FOR HYDROPOWER PROJECTS › 38 §632. Definitions

§632. Definitions
As used in this subarticle, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1983, c. 458, §18 (NEW).]
1.  Board.
"Board" means the Board of Environmental Protection, except that, for any hydropower project within the jurisdiction of the Maine Land Use Planning Commission, "board" means the Maine Land Use Planning Commission.
[PL 1983, c. 458, §18 (NEW); PL 2011, c. 682, §38 (REV).]
1-A.  Commissioner.
"Commissioner" means the Commissioner of Environmental Protection, except that, for any hydropower project within the jurisdiction of the Maine Land Use Planning Commission, "commissioner" means the Director of the Maine Land Use Planning Commission.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §180 (NEW); PL 2011, c. 682, §38 (REV).]
2.  Department.
"Department" means the Department of Environmental Protection, except that, for any hydropower project within the jurisdiction of the Maine Land Use Planning Commission, "department" means the Maine Land Use Planning Commission.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §181 (AMD); PL 2011, c. 682, §38 (REV).]
3.  Hydropower project.
"Hydropower project" means any development that utilizes the flow or other movement of water, including tidal or wave action, as a source of electrical or mechanical power or that regulates the flow of water for the purpose of generating electrical or mechanical power. A hydropower project development includes all powerhouses, dams, water conduits, turbines or other in-stream power devices, generators, transmission lines, water impoundments, roads and other appurtenant works and structures that are part of the development.
[PL 2007, c. 160, §1 (AMD).]
SECTION HISTORY
PL 1983, c. 458, §18 (NEW). PL 1989, c. 890, §§A40,B180, 181 (AMD). PL 2007, c. 160, §1 (AMD). PL 2011, c. 682, §38 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-B: PERMITS FOR HYDROPOWER PROJECTS › 38 §633. Prohibition

§633. Prohibition
1.  Permit required.
A person may not initiate construction or reconstruction of a hydropower project, or structurally alter a hydropower project in ways that change water levels or flows, without first obtaining a permit from the department.
[PL 2007, c. 160, §2 (AMD).]
2.  Exceptions.
This subarticle does not apply to activities for which, prior to the effective date of this Act, a permit or permits have been issued pursuant to any of the following laws: Land use regulation laws, Title 12, sections 681 to 689; stream alteration laws, former sections 425 to 430; great ponds laws, former sections 391 to 394; alteration of coastal wetlands laws, former sections 471 to 478; site location of development laws, sections 481 to 489‑E; and small hydroelectric generating facilities laws, this subarticle.
[PL 2011, c. 653, §24 (AMD); PL 2011, c. 653, §33 (AFF).]
3.  Exemptions.
Normal maintenance and repair of an existing and operating hydropower project shall be exempt from this subarticle, provided that:
A. The activity does not involve any dredging or filling below the normal high-water line of any great pond, coastal wetland, river, stream or brook; and   [PL 1983, c. 458, §18 (NEW).]
B. The activity does not involve any dredging or filling on the land adjacent to any great pond, coastal wetland, river, stream or brook such that any dredged spoil, fill or structure may fall or be washed into those waters.   [PL 1983, c. 458, §18 (NEW).]
[PL 1983, c. 458, §18 (NEW).]
SECTION HISTORY
PL 1983, c. 458, §18 (NEW). PL 1987, c. 402, §A203 (AMD). PL 1989, c. 878, §G8 (AMD). PL 1989, c. 890, §§A40, B182 (AMD). PL 2007, c. 160, §2 (AMD). PL 2011, c. 653, §24 (AMD). PL 2011, c. 653, §33 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-B: PERMITS FOR HYDROPOWER PROJECTS › 38 §634-A. Administering agency

§634-A. Administering agency
1.  Department.
The department shall administer the permit process for a hydropower project that:
A. Is located wholly or partly within an organized municipality; or   [PL 2009, c. 270, Pt. D, §5 (NEW).]
B. Uses tidal or wave action as a source of electrical or mechanical power, regardless of the hydropower project's location.   [PL 2009, c. 615, Pt. F, §2 (AMD).]
[PL 2009, c. 615, Pt. F, §2 (AMD).]
2.  Maine Land Use Planning Commission.
The Maine Land Use Planning Commission shall administer the permit process for a hydropower project that is located wholly within the State's unorganized and deorganized areas as defined by Title 12, section 682, subsection 1 and that does not use tidal or wave action as a source of electrical or mechanical power.
[PL 2009, c. 615, Pt. F, §3 (AMD); PL 2011, c. 682, §38 (REV).]
SECTION HISTORY
PL 2009, c. 270, Pt. D, §5 (NEW). PL 2009, c. 615, Pt. F, §§2, 3 (AMD). PL 2011, c. 682, §38 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-B: PERMITS FOR HYDROPOWER PROJECTS › 38 §635. Department decision

§635. Department decision
Upon receipt of a properly completed application, the department shall:   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §184 (AMD).]
1.  Approval.
Approve the proposed project upon such terms and conditions as are appropriate and reasonable to protect and preserve the environment and the public's health, safety and general welfare, including the public interest in replacing oil with hydroelectric energy. These terms and conditions may include, but are not limited to:
A. Establishment of a water level range for the body of water impounded by a hydropower project;   [PL 1983, c. 458, §18 (NEW).]
B. Establishment of instantaneous minimum flows for the body of water affected by a hydropower project; and   [PL 1983, c. 458, §18 (NEW).]
C. Provision for the construction and maintenance of fish passage facilities.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §184 (AMD).]
When the proposed project involves maintenance, reconstruction or structural alteration at an existing hydropower project and when the proposed project will not alter historic water levels or flows after its completion, the department may impose temporary terms and conditions of approval relating to paragraph A or paragraph B but may not impose permanent terms and conditions that alter historic water levels or flows;
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §184 (AMD).]
2.  Disapproval.
Disapprove the proposed project setting forth in writing the reasons for the disapproval; or
[PL 1983, c. 458, §18 (NEW).]
3.  Hearing.
Schedule a hearing on the proposed project. Any hearing held under this subsection must follow the notice requirements and procedures for an adjudicatory hearing under Title 5, chapter 375, subchapter IV. After a hearing is held under this subsection, the department shall make findings of facts and issue an order approving or disapproving the proposed project, as provided in subsections 1 and 2.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §184 (AMD).]
SECTION HISTORY
PL 1983, c. 458, §18 (NEW). PL 1983, c. 779, §§2,3 (AMD). PL 1989, c. 890, §§A40,B184 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-B: PERMITS FOR HYDROPOWER PROJECTS › 38 §635-A. Time limits for processing applications

§635-A. Time limits for processing applications
Whenever the commissioner receives a properly completed application, the department shall make a decision as expeditiously as possible.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §185 (AMD).]
When the proposed project lies within the jurisdiction of the Maine Land Use Planning Commission, decisions shall be made within 105 working days except that decisions delegated to the director shall be made within 60 working days. Following one extension of up to 45 working days, the director may waive the time limit requirements of this section only at the request of the applicant.   [PL 1985, c. 362, §1 (AMD); PL 2011, c. 682, §38 (REV).]
SECTION HISTORY
PL 1983, c. 779, §4 (NEW). PL 1985, c. 362, §1 (AMD). PL 1989, c. 890, §§A40,B185 (AMD). PL 2011, c. 682, §38 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-B: PERMITS FOR HYDROPOWER PROJECTS › 38 §635-B. Procedures for water quality certification

§635-B. Procedures for water quality certification
Issuance of a water quality certificate required under the Federal Water Pollution Control Act, Section 401, is coordinated for the applicant under this subarticle by the Commissioner of Environmental Protection. The issuance of a water quality certificate is mandatory in every case where the department approves an application for a permit or general permit under this subarticle. An application for a tidal energy demonstration project under section 636‑A that is accepted as complete by the department serves as an application for water quality certification for the proposed project pursuant to the Federal Water Pollution Control Act, Section 401, 33 United States Code, Section 1341. The department shall issue or deny certification at the same time it approves or disapproves the proposed project. If issued, the certification must state that there is a reasonable assurance that the project will not violate applicable water quality standards. The coordination function of the department with respect to water quality certification does not include any proceedings or substantive criteria in addition to those otherwise required by this subarticle.   [PL 2009, c. 270, Pt. D, §6 (AMD).]
SECTION HISTORY
PL 1989, c. 309, §4 (NEW). PL 1989, c. 890, §§A40,B186 (AMD). PL 2009, c. 270, Pt. D, §6 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-B: PERMITS FOR HYDROPOWER PROJECTS › 38 §637. Review of rules

§637. Review of rules
Rules adopted by the board pursuant to this subarticle shall be immediately submitted to the joint standing committee of the Legislature having jurisdiction over natural resources for review and may not become effective until 91 days after the adjournment of the next regular session of the Legislature which adjourns after their submission. This committee may report out legislation it deems necessary to clarify legislative intent regarding rules adopted pursuant to this subarticle.   [PL 1985, c. 698, §16 (NEW).]
SECTION HISTORY
PL 1985, c. 698, §16 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 1-B: PERMITS FOR HYDROPOWER PROJECTS › 38 §638. Notice of relicensing deadline

§638. Notice of relicensing deadline
By January 15, 2015, and annually thereafter, the department shall submit to the joint standing committee of the Legislature having jurisdiction over natural resources matters a report describing all pending applications for water quality certification under Section 401 of the federal Clean Water Act for dams located in the State that are subject to the jurisdiction of the Federal Energy Regulatory Commission. The report submitted under this section must include, for each pending application, the filing date of the application, the respective response deadline for the department and a short statement describing the department’s plan to address that deadline. The report must also include a list of the licensing or relicensing deadlines for the dams described in this section that are anticipated to occur within 5 years after the date of the report and, if applicable, the department’s plan to address each deadline.   [PL 2013, c. 545, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 545, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 2: RIGHTS AND LIABILITIES › 38 §651. Milldams and canals

§651. Milldams and canals
Any person may on the person's own land erect and maintain a watermill and dams to raise water for working it, upon and across any stream not navigable; or, for the purpose of propelling mills or machinery, may cut a canal and erect walls and embankments upon the person's own land, not exceeding one mile in length, and thereby divert from its natural channel the water of any stream not navigable, upon the terms and conditions and subject to the regulations hereinafter expressed.   [RR 2021, c. 2, Pt. B, §245 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §245 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 2: RIGHTS AND LIABILITIES › 38 §652. --diversion of water

§652. --diversion of water
Any person authorized to erect and maintain a watermill and dams on a stream not navigable and to divert the water of such stream from its natural channel by a canal not exceeding one mile in length for the purpose of propelling mills or machinery under section 651 may so divert such waters without that limitation to one mile, as long as that person is the owner of the land on which the canal is to be located or has the consent of the owners thereof, and as long as that person is the owner of all riparian rights on that stream between the point of diversion and the point at which the waters are returned to the stream, upon the terms and conditions, and subject to the regulations under this chapter. Under this section, "canal" includes excavations in the ground and closed flumes, penstocks, pipelines and other appropriate means of conveying water from the point of diversion to the point of return to the stream.   [RR 2021, c. 2, Pt. B, §246 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §246 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 2: RIGHTS AND LIABILITIES › 38 §653. --injury to existing mill or canal

§653. --injury to existing mill or canal
No such dam shall be erected or canal constructed to the injury of any mill or canal lawfully existing on the same stream; nor to the injury of any mill site, on which a mill or milldam has been lawfully erected and used, unless the right to maintain a mill thereon has been lost or defeated.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 2: RIGHTS AND LIABILITIES › 38 §654. --restrictions as to height and duration

§654. --restrictions as to height and duration
The height to which the water may be raised, and the length of time during which it may be kept up in each year, and the quantity of water that may be diverted by such canal, may be restricted and regulated by the verdict of a jury, or report of commissioners, as is provided.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 2: RIGHTS AND LIABILITIES › 38 §655. --damages for flowing or diversion; limitations

§655. --damages for flowing or diversion; limitations
Any person whose lands are damaged by being flowed by a milldam, or by the diversion of the water by such canal, may obtain compensation for the injury, by complaint to the Superior Court in the county where any part of the lands are; but no compensation shall be awarded for damages sustained more than 3 years before the institution of the complaint.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 2: RIGHTS AND LIABILITIES › 38 §656. Cranberry culture

§656. Cranberry culture
When dams are erected and maintained on streams not navigable, for the purposes of cranberry culture, and lands are flowed thereby and injured by such flowage, the owners thereof shall proceed for the recovery of damages for such flowage in the same manner as in case of flowage by dams erected and maintained for mill purposes.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 2: RIGHTS AND LIABILITIES › 38 §657. Ice cutting and harvesting

§657. Ice cutting and harvesting
In order to create ponds for the cutting and harvesting of ice for the market, any persons or corporations may erect and maintain, on their own land, dams on streams not navigable or floatable, but emptying into tidewaters navigable in the winter, and may flow the lands above during November, December, January, February, March and April; but they shall draw off the water to its natural state by the 20th day of May yearly. If any lands are injured by such flowing, the owners thereof have the same remedies as in case of lands flowed by dams erected and maintained for mill purposes; but no right is granted by this section or section 656 to flow any milldam or any mill privilege improved or unimproved. This section shall not be construed as authorizing any persons or corporations to cut ice on any pond created as provided over any area the soil of which such persons or corporations do not own or lease or possess as tenants at will, or by reason of a valid agreement with the owner or lessee or tenant thereof when said owner or lessee is not the State and the pond is not a great pond.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 2: RIGHTS AND LIABILITIES › 38 §658. Timber removal on flowed lands

§658. Timber removal on flowed lands
When any person or corporation shall have decided to erect a dam across a nonnavigable stream under this chapter or under special authority granted by the Legislature, and shall have filed the specifications required by Title 35, section 11, and it appears that standing timber or other property of value upon the land intended to be flowed will constitute a menace to the safety of such person or corporation or to persons or property upon and along the banks of said stream below the intended location of said dam, the Superior Court shall have jurisdiction, upon complaint of such person or corporation, to authorize said plaintiff to remove and sell such timber or other property and to order the payment to the owner thereof of the gross proceeds of such sale and such further sum, if any, as said court shall deem just. Said court shall require the plaintiff to furnish security for such payment and for an additional penalty not less than double the amount to be received from such sale and shall include in its decree a condition that such additional sum shall be paid to said owner as damages if the dam is not completed and the land flowed within a time to be therein specified. Such time may be extended for good cause shown.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 2: RIGHTS AND LIABILITIES › 38 §659. --damages

§659. --damages
Damages caused by flowage of lands from which timber or other property has been removed under section 658 must be assessed as though there had been no severance, and the amount paid for such timber or other property with interest to the date of the judgment must be credited thereon, except that the owner of the land has the right to elect whether the owner's damages are assessed for flowage as of the time of taking or of flowing.   [RR 2021, c. 2, Pt. B, §247 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §247 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 3: ACTION FOR DAMAGES › 38 §701. Complaint

§701. Complaint
The complaint shall contain such a description of the land flowed or injured, and such a statement of the damage, that the record of the case shall show the matter heard and determined in the action.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 3: ACTION FOR DAMAGES › 38 §702. --service

§702. --service
The complaint shall be filed and service made as in other actions.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 3: ACTION FOR DAMAGES › 38 §703. Defenses

§703. Defenses
The owner or occupant of such mill or canal may answer that the plaintiff has no right, title or estate in the lands alleged to be injured; or that the owner or occupant has a right to maintain such dam, and flow the lands, or divert the water for an agreed price, or without any compensation; or any other matter that may show that the plaintiff cannot maintain the action; but the owner or occupant may not answer that the land described is not injured by such dam or canal.   [RR 2021, c. 2, Pt. B, §248 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §248 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 3: ACTION FOR DAMAGES › 38 §704. Trial; costs

§704. Trial; costs
When an answer is filed pursuant to section 703 and an issue in fact or in law is joined, it must be decided as similar issues are decided at common law. If judgment is for the defendant, the defendant is entitled to recover the defendant's costs.   [PL 2023, c. 405, Pt. A, §136 (AMD).]
SECTION HISTORY
PL 2023, c. 405, Pt. A, §136 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 3: ACTION FOR DAMAGES › 38 §705. Appointment of commissioners; appraisal of damages

§705. Appointment of commissioners; appraisal of damages
If the issue is decided in favor of the plaintiff, or if the defendant is defaulted or does not answer or show any legal objection to the proceedings, the court shall appoint 3 or more disinterested commissioners of the same county, who shall go upon and examine the premises and make a true and faithful appraisement, under oath, of the yearly damages, if any, done to the plaintiff by the flowing of the plaintiff's lands or the diversion of the water described in the complaint, and determine how far the same is necessary, and ascertain and report for what portion of the year such lands ought not to be flowed, or water diverted, or what quantity of water must be diverted. They shall ascertain, determine and report what sum in gross would be a reasonable compensation for all the damages, if any, occasioned by the use of such dam, and for the right of maintaining and using the same forever, estimated according to the height of the dam and flashboards as then existing. If within 10 days after the report is presented to the court, the owners of the dam or mills elect to pay the damages in gross, the court, where the judgment is entered, shall fix the time in which the damages must be paid, and if not paid within that time, the owners of the dam or mills lose all benefit of their election, and the annual damages stand as the judgment of the court, and, except as otherwise provided, all proceedings must be in conformity with the other provisions of this chapter.   [RR 2021, c. 2, Pt. B, §249 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §249 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 3: ACTION FOR DAMAGES › 38 §706. Assessment in gross

§706. Assessment in gross
In any case where annual damages have been determined by a judgment of the court, the owners of the dam or mills may apply to the court by a new complaint, to have the damages assessed in gross, and commissioners may be appointed as in other cases to ascertain, determine and report the damages in gross, and like proceedings shall then be had as are provided in sections 705 and 707.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 3: ACTION FOR DAMAGES › 38 §707. Payment in gross; bar

§707. Payment in gross; bar
If the damages in gross are paid within the time fixed, the judgment is a bar to any further complaint so long as the dam and flashboards remain at the same height, but if thereafter either is raised, a new complaint may be made by the owner of the lands flowed for any additional damages caused thereby, and the proceedings in said new complaint shall be as hereinbefore prescribed.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 3: ACTION FOR DAMAGES › 38 §708. Commissioners' report for jury

§708. Commissioners' report for jury
If either party requests that a jury may be impaneled to try the cause, the report of the commissioners shall, under the direction of the court, be given in evidence to the jury; but evidence shall not be admitted to contradict it, unless misconduct, partiality or unfaithfulness on the part of some commissioner is shown.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 1: ERECTION AND FLOWAGE RIGHTS › Subarticle 3: ACTION FOR DAMAGES › 38 §709. Acceptance of commissioners' report

§709. Acceptance of commissioners' report
If neither party requests a trial by jury, the report of the commissioners may be accepted by the court and judgment rendered thereon.