reglab/statecodes huggingface dataset:
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 §710. Verdict or report bars future action

§710. Verdict or report bars future action
The verdict of the jury or the report of the commissioners so accepted is a bar to any action brought for such damages. The owner or occupant shall not flow the lands nor divert the water during any portion of the period when prohibited, nor divert the water beyond the quantity allowed by the commissioners or jury.
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 §711. Yearly damages

§711. Yearly damages
Such verdict or accepted report of the commissioners, and judgment thereon, shall be the measure of the yearly damages, until the owner or occupant of the lands or the owner or occupant of the mill or canal, on a new complaint to the court and by proceedings as in the former case, obtains an increase or decrease of such damages.
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 §712. --security for

§712. --security for
When any person whose lands are so flowed or from whose lands the water is so diverted files a complaint for ascertaining or increasing the person's damages, or brings a civil action as provided in section 713, and moves the court to direct the owner or occupant of such mill or canal to give security for the payment of the annual damages, and the court so orders, the owner or occupant refusing or neglecting to give such security has no benefit of this chapter; but is liable to be sued for the damages occasioned by such flowing in a civil action.   [RR 2021, c. 2, Pt. B, §250 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §250 (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 §713. Action for unpaid damages; lien

§713. Action for unpaid damages; lien
The party entitled to such annual compensation may maintain a civil action therefor against any person who owns or occupies said mill, or canal and mills supplied thereby, when the action is brought; and shall therein recover the whole sum due and unpaid, with costs; and shall have a lien for such compensation, from the time of the institution of the original complaint, on the mill and milldam, or on the canal and the mill supplied thereby, with the appurtenances and the land under and adjoining them and used therewith, for any sum due not more than 3 years before the commencement 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 3: ACTION FOR DAMAGES › 38 §714. Execution sale of land and mill

§714. Execution sale of land and mill
The execution on such judgment, if not paid, may at any time within 30 days be levied on the premises subject to the lien. The officer may sell the same at public auction, or so much thereof in common with the residue as is necessary to satisfy the execution, proceeding in giving notice of such sale as in selling an equity of redemption on execution. Such sale is effectual against all persons claiming the premises by any title which accrued within the time covered by the lien.
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 §715. --redemption

§715. --redemption
Any person entitled to the premises may redeem them within one year after the sale by paying to the purchaser, or the person holding under the purchaser, the sum paid therefor, with interest at the rate of 12%, deducting therefrom any rents and profits received by such purchaser, or person holding under the purchaser; and may have the same process to compel the purchaser to account as the person entitled to the premises might have had against a purchaser of an equity of redemption.   [RR 2021, c. 2, Pt. B, §251 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §251 (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 §716. New complaints

§716. New complaints
When either party is dissatisfied with the annual compensation established, a new complaint may be filed, and proceedings had and conducted substantially as in case of an original 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 3: ACTION FOR DAMAGES › 38 §717. --restrictions

§717. --restrictions
No new complaint shall be brought until one month after the payment of the preceding year is due and one month after notice to the other party. The other party may within that time make an offer or tender 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 3: ACTION FOR DAMAGES › 38 §718. --offer of increased compensation

§718. --offer of increased compensation
The owner of the mill, dam or canal may within the time provided in section 717 offer in writing to the owner of the land injured, an increase of compensation for the future. If the owner of the land does not agree to accept it, but brings a new complaint for the purpose of increasing it, the owner of the land may not recover costs unless that owner obtains an increase greater than the offer.   [PL 2023, c. 405, Pt. A, §137 (AMD).]
SECTION HISTORY
PL 2023, c. 405, Pt. A, §137 (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 §719. --offer to accept less compensation

§719. --offer to accept less compensation
The owner of the land injured may within the time provided in section 717 offer in writing to the owner of the mill, dam or canal to accept a reduced compensation for the future. If the owner of the mill, dam or canal declines to pay it, and brings a new complaint to obtain a reduction, the owner of the mill, dam or canal may not recover costs, unless the compensation is reduced to a sum less than what was offered.   [PL 2023, c. 405, Pt. A, §138 (AMD).]
SECTION HISTORY
PL 2023, c. 405, Pt. A, §138 (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 §720. Tenants may make offers

§720. Tenants may make offers
Such offers may be made by or to the tenants or occupants of the land, and of the mill and dam, or canal, in like manner and with like effect as if made by or to the owners; but no agreements founded thereon bind the owners, unless made by their consent.
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 §721. Common law remedy limited

§721. Common law remedy limited
No action shall be sustained at common law for the recovery of damages occasioned by the overflowing of lands or for the diversion of the water as before mentioned, except in the cases provided in this chapter, to enforce the payment of damages after they have been ascertained by process of 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 3: ACTION FOR DAMAGES › 38 §722. Double damages if restrictions violated

§722. Double damages if restrictions violated
If, after judgment, the restrictions imposed by the report of the commissioners or finding of the jury respecting the flowing or diverting of the waters are violated, the party injured thereby may recover of the wrongdoers double damages for the injury in a civil action.   [RR 2021, c. 2, Pt. B, §252 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §252 (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 §723. Agreement of parties binding, if recorded

§723. Agreement of parties binding, if recorded
When an annual compensation, upon the acceptance by one party of an offer made by the other, is established and signed by the owners of the mill, dam or canal, and of the land, and recorded in the office of the clerk of the court in which the former judgment was rendered, with a reference on the record to the former judgment, and to the book where the agreement is recorded, such agreement is as binding as a verdict and judgment on a new 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 3: ACTION FOR DAMAGES › 38 §724. Judgment no bar to new complaint

§724. Judgment no bar to new complaint
A judgment against a plaintiff as not entitled to any compensation is no bar to a new complaint for damages, arising after the former verdict, and for compensation for damages subsequently sustained.
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 §725. Tender of damages

§725. Tender of damages
In case of an original complaint, the defendant may, with the same advantages to the defendant, tender and bring money into court, or if the issue is decided in favor of the plaintiff, or if the defendant is defaulted or does not answer or show any legal objections to the proceedings, the defendant may, in writing entered of record with its date, offer to be defaulted for a specific sum for the yearly damages or a sum in gross as reasonable compensation for all damages, as in an action at common law. If either is accepted, the judgment has the same effect as if rendered on a verdict. If not accepted within such time as the court orders, it may not be offered in evidence or have any effect upon the rights of the parties, or the judgment to be rendered except the costs. If the plaintiff fails to recover a sum greater than the sum tendered or offered, the plaintiff recovers such costs only as accrued before the offer, and the defendant recovers costs accrued after that time, and the defendant's judgment for costs may be set off against the plaintiff's judgment for damages and costs.   [RR 2021, c. 2, Pt. B, §253 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §253 (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 §726. No abatement by death

§726. No abatement by death
No complaint for so flowing lands or diverting water abates by the death of any party thereto; but it may be prosecuted or defended by the surviving plaintiffs or defendants, or the executors or administrators of the deceased.
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 §727. If complaint abates, rights preserved by new complaint

§727. If complaint abates, rights preserved by new complaint
If a complaint referenced in section 725 or 726 is abated or defeated for want of form, or if, after a verdict for the plaintiff, judgment is reversed, the plaintiff may bring a new complaint at any time within one year and recover the damages sustained during the 3 years preceding the institution of the first complaint, or at any time afterwards.   [PL 2023, c. 405, Pt. A, §139 (AMD).]
SECTION HISTORY
PL 2023, c. 405, Pt. A, §139 (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 §728. Compensation of commissioners; costs

§728. Compensation of commissioners; costs
The court shall award a suitable compensation to be paid to the commissioners, and taxed and recovered by the prevailing party. The prevailing party recovers costs, except where it is otherwise expressly 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 2: PROTECTION OF WAYS FROM OVERFLOW › 38 §771. Flowage rights not affected

§771. Flowage rights not affected
Nothing in sections 772 to 776 affects any right of flowage or damage therefor.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 2: PROTECTION OF WAYS FROM OVERFLOW › 38 §772. Petition to raise ways and enlarge water vents

§772. Petition to raise ways and enlarge water vents
When the owners of mills carried by the water of a stream, or the owners of water power for operating mills, find or apprehend that the necessary head of water for working or reservoir purposes cannot be obtained, or when their existing rights in respect to the same cannot be exercised without overflowing some highway or town way, they may petition the county commissioners for permission to raise such ways and to enlarge the water vent thereof. Such commissioners shall appoint a time and place for a hearing on the petition and give notice thereof to all parties interested as provided in Title 23, section 2052, and such notice may be proved in the manner therein 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 2: PROTECTION OF WAYS FROM OVERFLOW › 38 §773. Proceedings of commissioners

§773. Proceedings of commissioners
On the day appointed, the county commissioners shall meet, examine the premises described in the petition and hear the parties present, and thereupon they shall determine whether said ways shall be raised and the water vents enlarged and to what extent, and shall prescribe the manner in which it shall be done, and what portion of the expenses thereof and the costs of the hearing shall be borne by the petitioners, and what portion, if any, by the town where the way is located.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 2: PROTECTION OF WAYS FROM OVERFLOW › 38 §774. Alterations to be made

§774. Alterations to be made
If the decision is in favor of the plaintiffs, said commissioners shall direct the town, in writing, to make the alterations prescribed and fix the time within which the same shall be done, and if not done within the time fixed, the same may be done by the plaintiffs. Whether by the town or by the plaintiffs, it shall be done in a faithful manner and to the acceptance of the commissioners. Whichever party makes said alterations has a claim upon the other for the proportion fixed by the commissioners for said other party to pay, and if it is not paid within 30 days after its approval by said commissioners and a demand therefor, it may be recovered in a civil 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 2: PROTECTION OF WAYS FROM OVERFLOW › 38 §775. Costs

§775. Costs
If the decision of the county commissioners is against the plaintiffs, they shall pay the costs of the hearing, taxed as in other cases before county commissioners.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 2: PROTECTION OF WAYS FROM OVERFLOW › 38 §776. Appeals

§776. Appeals
Any party aggrieved may appeal from the decision of said commissioners in the same manner and subject to the same conditions as in case of highways.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Article 3: INSPECTION OF DAMS AND RESERVOIRS › 38 §811. Appointment of engineer; duties (REPEALED)

§811. Appointment of engineer; duties
(REPEALED)
SECTION HISTORY
PL 1975, c. 771, §422 (AMD). PL 1977, c. 684, §1 (RPR). PL 1983, c. 417, §2 (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 3: INSPECTION OF DAMS AND RESERVOIRS › 38 §812. Correction of unsafe conditions (REPEALED)

§812. Correction of unsafe conditions
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §3 (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 3: INSPECTION OF DAMS AND RESERVOIRS › 38 §813. Compensation of engineer (REPEALED)

§813. Compensation of engineer
(REPEALED)
SECTION HISTORY
PL 1977, c. 684, §2 (RPR). PL 1983, c. 417, §4 (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 3: INSPECTION OF DAMS AND RESERVOIRS › 38 §814. Utilization of other state agency resources (REPEALED)

§814. Utilization of other state agency resources
(REPEALED)
SECTION HISTORY
PL 1977, c. 684, §3 (NEW). PL 1983, c. 417, §5 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §815. Short title

§815. Short title
This article shall be known and may be cited as the "Maine Dam Registration, Abandonment and Water Level Act."   [PL 1989, c. 545, §3 (AMD).]
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1989, c. 545, §3 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §815-A. Report on transfer of functions (REPEALED)

§815-A. Report on transfer of functions
(REPEALED)
SECTION HISTORY
PL 1991, c. 528, §E37 (NEW). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §E37 (NEW). PL 1993, c. 370, §3 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §816. Legislative findings and purpose (REPEALED)

§816. Legislative findings and purpose
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1989, c. 545, §§4-6 (AMD). PL 1993, c. 370, §4 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §817. Definitions

§817. Definitions
As used in this Article, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1983, c. 417, §6 (NEW).]
1.  Board.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §191 (RP).]
2.  Commissioner.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §191 (RP).]
3.  Dam.
"Dam" means any human-made artificial barrier, including appurtenant works, the site on which it is located and appurtenant rights of flowage and access, that impounds or diverts a river, stream or great pond and that is 2 feet or more in height and has an impounding capacity at maximum water storage elevation of 15 acre-feet or more. Any such artificial barrier constructed solely for the purpose of impounding water to allow timber to be floated downstream in a logging operation may not be considered a dam for the purposes of this article, unless it has been repaired, modified or maintained by or with the knowledge of the owner, lessee or person in control since the discontinuance of its use in connection with logging operations. Any adjacent property, easements, roads, bridges or works not necessary for the operation or maintenance of a dam or access to the dam are not included under the provisions of this article.
[RR 2021, c. 2, Pt. B, §254 (COR).]
4.  Department.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §191 (RP).]
5.  Height.
"Height" means, in reference to a dam, the vertical distance in feet from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum capable water storage elevation.
[PL 1983, c. 417, §6 (NEW).]
6.  Littoral proprietor.
"Littoral proprietor" means an owner or lessee of property on the shore of a lake impounded by a particular dam.
[PL 1983, c. 417, §6 (NEW).]
7.  Person.
"Person" means any individual, firm, association, partnership, corporation, trust, municipality, quasi-municipal corporation, state agency, federal agency or other legal entity.
[PL 1983, c. 417, §6 (NEW).]
8.  Public safety.
[PL 1989, c. 545, §7 (RP).]
9.  Riparian proprietor.
"Riparian proprietor" means an owner or lessee of property on the bank of a river or stream or shore of a pond or other small body of water impounded by a particular dam.
[PL 1983, c. 417, §6 (NEW).]
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1987, c. 118, §1 (AMD). PL 1989, c. 545, §7 (AMD). PL 1989, c. 890, §§A40,B191 (AMD). RR 2021, c. 2, Pt. B, §254 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §818. Miscellaneous

§818. Miscellaneous
1.  Other laws.
Except as specifically provided in this Article, nothing in this Article shall be construed as relieving any person from duties, responsibilities or liabilities imposed by any other statute, regulation, municipal ordinance or any rule of law.
[PL 1983, c. 417, §6 (NEW).]
2.  Rights of others.
Except as specifically provided in this Article, this Article may not be construed as denying any person any rights the person has under any other statute, regulation, municipal ordinance or any rule of law.
[RR 2021, c. 2, Pt. B, §255 (COR).]
3.  Other powers.
No provision of this article may be construed as limiting the powers of the Maine Emergency Management Agency under Title 37‑B, chapter 24.
[PL 2001, c. 460, §4 (AMD).]
4.  Damages.
No action may be brought against the State, the board, the commissioner or their agents or employees for the recovery of damages caused by any order of the board or commissioner or by the partial or total failure of any dam or through the operation of any dam upon the ground that the State, the board, the commissioner or their agents or employees are liable by virtue of any order or determination of the board or commissioner.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §192 (AMD).]
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1987, c. 370, §23 (AMD). PL 1987, c. 402, §A204 (AMD). PL 1987, c. 769, §A180 (AMD). PL 1989, c. 890, §§A40,B192 (AMD). PL 2001, c. 460, §4 (AMD). RR 2021, c. 2, Pt. B, §255 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §820. Jurisdiction (REPEALED)

§820. Jurisdiction
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1989, c. 545, §8 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §821. Inspection of dams (REPEALED)

§821. Inspection of dams
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1987, c. 118, §2 (AMD). PL 1989, c. 545, §8 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §822. Inspection petition and order (REPEALED)

§822. Inspection petition and order
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1989, c. 545, §8 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §823. Formal inspection and hearing; decision (REPEALED)

§823. Formal inspection and hearing; decision
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1987, c. 118, §§3-6 (AMD). PL 1989, c. 545, §8 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §824. Informal inspection (REPEALED)

§824. Informal inspection
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1987, c. 118, §§7,8 (AMD). PL 1989, c. 545, §8 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §825. Access and notification (REPEALED)

§825. Access and notification
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1987, c. 118, §9 (RPR). PL 1989, c. 545, §8 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §826. Reimbursement for inspection expenses (REPEALED)

§826. Reimbursement for inspection expenses
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1989, c. 545, §8 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §827. Utilization of other state agency resources (REPEALED)

§827. Utilization of other state agency resources
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1989, c. 545, §8 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §828. Regulations (REPEALED)

§828. Regulations
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1989, c. 545, §8 (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 3-A: DAM REGISTRATION AND ABANDONMENT › 38 §829. Transitional provisions (REPEALED)

§829. Transitional provisions
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1989, c. 545, §8 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Subarticle 2: REGISTRATION › 38 §830. Registration of ownership (REPEALED)

§830. Registration of ownership
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1987, c. 118, §10 (AMD). PL 1989, c. 890, §§A40,B193, 194 (AMD). PL 1991, c. 528, §§E38,39 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §§E38,39 (AMD). PL 1993, c. 370, §5 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Subarticle 2: REGISTRATION › 38 §831. Notice of transfer or destruction (REPEALED)

§831. Notice of transfer or destruction
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1989, c. 890, §§A40,B195 (AMD). PL 1993, c. 370, §6 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Subarticle 3: ABANDONMENT › 38 §835. Abandonment (REPEALED)

§835. Abandonment
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1993, c. 370, §7 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Subarticle 3: ABANDONMENT › 38 §836. Authorized abandonment (REPEALED)

§836. Authorized abandonment
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1993, c. 370, §7 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Subarticle 3: ABANDONMENT › 38 §837. Awards of new ownership (REPEALED)

§837. Awards of new ownership
(REPEALED)
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1987, c. 737, §§C92,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). PL 1989, c. 890, §§A40,B196 (AMD). PL 1993, c. 370, §8 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Subarticle 4: WATER LEVELS › 38 §841. Maintenance of dams

§841. Maintenance of dams
1.  Prohibition.
After issuance of an order under section 840, subsection 5, establishing a water level regime for any body of water, no owner, lessee or person in control of any dam impounding the body of water, nor any subsequent transferee, may operate or maintain the dam or cause or permit the dam to be operated or maintained in any manner that will cause the level of water to be higher or lower than that permitted by order of the board or commissioner or to otherwise violate the terms of the order of the board or commissioner.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §202 (AMD).]
2.  Exception.
An owner, lessee or person in control of a dam may not be in violation of subsection 1 when the water level fluctuation not permitted by the order was caused by unforeseeable and unpredictable meteorological conditions or operating failures of the dam or any associated equipment or by valid order of federal, state or local authorities, including an order issued pursuant to Title 37‑B, section 1114, subsection 2, and when the person could not have avoided the fluctuation by promptly undertaking all reasonably available steps to regulate water flow through or over any dam under the person's control. The burden of proof is on the owner, lessee or person in control of the dam to demonstrate the applicability of this subsection.
[PL 2001, c. 460, §5 (AMD).]
3.  Enforcement.
The commissioner or any littoral or riparian proprietor may commence an action to enjoin the violation of any provision of this subarticle. The commissioner may enforce any order issued under section 840, subsection 5 or subsection 6 by any other appropriate remedy, including, but not limited to, entering the dam premises to carry out the terms of the order.
The violation of any order issued under section 840, subsection 5 or subsection 6, is punishable by a forfeiture of not less than $100 and not more than $10,000. Each day of violation is considered a separate offense.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §202 (AMD).]
4.  Unregistered dam.
[PL 1993, c. 370, §11 (RP).]
5.  Appeal.
Any person aggrieved by an order of the board or commissioner under section 840, subsection 5 or 6 may appeal to the Superior Court under Title 5, chapter 375, subchapter VII.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §202 (AMD).]
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1987, c. 118, §12 (AMD). PL 1989, c. 890, §§A40,B202 (AMD). PL 1993, c. 370, §11 (AMD). PL 2001, c. 460, §5 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Subarticle 4: WATER LEVELS › 38 §842. Transition provision

§842. Transition provision
All orders of the State Soil and Water Conservation Commission or the Commissioner of Agriculture, Food and Rural Resources issued under former Title 12, section 304 continue in effect and must be enforced by the commissioner until they expire or are rescinded or amended under this subarticle.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §203 (AMD).]
SECTION HISTORY
PL 1983, c. 417, §6 (NEW). PL 1989, c. 890, §§A40,B203 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Subarticle 4: WATER LEVELS › 38 §843. Municipal authority

§843. Municipal authority
The commissioner shall review an ordinance submitted pursuant to Title 30‑A, chapter 187, subchapter VI for consistency with this article. If the commissioner determines that the ordinance includes all substantive provisions of this article and includes all provisions required by Title 30‑A, chapter 187, subchapter VI, the commissioner shall approve that municipality for authority to establish water level regimes and minimum flow requirements for impoundments and dams.   [PL 1993, c. 370, §12 (NEW).]
SECTION HISTORY
PL 1993, c. 370, §12 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Subchapter 1: MILLS AND DAMS › Subarticle 4: WATER LEVELS › 38 §844. Dam Repair and Reconstruction Fund (REPEALED)

§844. Dam Repair and Reconstruction Fund
(REPEALED)
SECTION HISTORY
PL 1999, c. 782, §1 (NEW). PL 2001, c. 460, §6 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Article 4: MILLS AND THEIR REPAIR › 38 §851. Meeting of mill owners; call; object

§851. Meeting of mill owners; call; object
When an owner of a mill or of the dam necessary for working the mill thinks it necessary to rebuild or repair it in whole or in part, the owner may apply in writing to a notary public in the county where the mill is situated, or if partly in 2 counties, to a notary public in either, to call a meeting of the owners, stating the object, time and place of the meeting. The notary may issue a warrant for the purpose, directed to the owner, which must be published in some newspaper printed in the county, if any, 3 weeks successively, the last publication to be not less than 10 nor more than 30 days before the meeting; or a true copy of the warrant may be delivered to each of said owners or left at the owner's last known address; and either notice is binding on all the owners.   [PL 1995, c. 227, §4 (AMD).]
SECTION HISTORY
PL 1995, c. 227, §4 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Article 4: MILLS AND THEIR REPAIR › 38 §852. Owners of 50% or more may repair or rebuild

§852. Owners of 50% or more may repair or rebuild
At such meeting, whether all the owners attend or not, the owners in interest of at least 1/2 of such mill or dam may rebuild or repair so far as to make them serviceable; and shall be reimbursed out of said mill or its profits what they advanced therefor beyond their proportions, with interest in the meantime.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Article 4: MILLS AND THEIR REPAIR › 38 §853. Reimbursement

§853. Reimbursement
If they are not reimbursed by the profits of the mill or paid by the other owners within 6 months after the work is completed, they may charge 1% a month on the amount advanced, from the end of 6 months until so reimbursed. If a delinquent owner dies or alienates the delinquent owner's interest in the premises, the advancing owners have a continuing lien thereon for reimbursement. Any special contract made by the owners respecting the building or repair of such mill or dam is not hereby affected.   [RR 2021, c. 2, Pt. B, §256 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §256 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Article 4: MILLS AND THEIR REPAIR › 38 §854. Minors and persons with qualified interests

§854. Minors and persons with qualified interests
Where any part of such mill or dam at the time of meeting and notice is owned by minors, tenants by curtesy, in tail, for life or years, or by mortgagor or mortgagee, the guardians of such minors, such tenant, mortgagor or mortgagee shall be deemed, for the purposes of sections 851 to 892, the proprietors thereof, and shall be notified, vote and contribute accordingly. All advances so made by them, if not paid, may be recovered in a civil action, with interest.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Article 5: GRIST MILLS › 38 §891. Scales for weighing grain; order of grinding

§891. Scales for weighing grain; order of grinding
The owner or occupant of every grist mill shall keep scales and weights therein to weigh corn, grain and meal, when required. The owner or occupant shall well and sufficiently grind as required, according to the nature, capacity and condition of the mill, all grain brought to the mill for that purpose and in the order in which it is received. For neglecting or refusing to weigh the same when required, or failing to grind the same in the order received, or for taking more than lawful toll, the owner or occupant commits a civil violation for which a fine of not less than $10 nor more than $50 must be adjudged for each violation. This section may not be so construed as to preclude the right of any owner or occupant of any mill to enter into any mutual agreement with any customer or customers as to the order in which the grain of such customers is received and ground, made at the time the customer or customers bring the grain to the mill for the purpose of being ground.   [RR 2021, c. 2, Pt. B, §257 (COR).]
SECTION HISTORY
PL 1977, c. 696, §346 (AMD). RR 2021, c. 2, Pt. B, §257 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE › 38 §904. Notice of failure to locate new owner

§904. Notice of failure to locate new owner
If a new owner has not been located through the process set forth in sections 902 and 903, the department shall provide notice that a new owner for the dam has not been located and that the department intends to issue an order requiring the dam owner to release water from the dam in accordance with section 905. Notice must be sent by certified mail to each municipality in which the dam and impoundment are located, to county commissioners when the dam and impoundment are located in unorganized territory and to tribal governments when the dam and impoundment are located on tribal territory. The department shall also publish notice of its intent to issue the order at least once in a newspaper circulated in the area in which the dam and impoundment are located.   [PL 1995, c. 630, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 630, §3 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE › 38 §905. Order for release of water

§905. Order for release of water
1.  Order.
Not earlier than 30 days after providing notice as required in section 904, the department shall issue an order to the dam owner to release water from the dam in a manner that minimizes the impact of the release, including requirements for mitigation as appropriate. If the department receives a petition requesting additional time to negotiate assumption of ownership of the dam and the dam owner agrees, the department may delay issuance of the order for an additional period agreed to by the dam owner and the petitioners.
[PL 1995, c. 630, §3 (NEW).]
2.  Impact of order.
An order issued under this article does not supersede any property right granted by deed or other legal instrument. An order issued under this article supersedes an order issued under section 840.
[PL 1995, c. 630, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 630, §3 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE › 38 §906. Property transfer provisions

§906. Property transfer provisions
1.  Compensation.
A dam owner is not prohibited from requesting compensation for the transfer of a dam pursuant to this article. The department may not issue a water release order pursuant to section 905 to a dam owner who has refused to transfer the dam to a person willing to assume ownership of the dam because that person refused to compensate the dam owner for the property. The department may not refuse to issue the order if the dam owner requested only payment or a share in payment of the costs of transfer.
[PL 1995, c. 630, §3 (NEW).]
2.  Property rights transferred.
When a dam is transferred pursuant to this article, the dam owner shall transfer all property rights necessary to maintain and operate the dam, to the extent owned by the dam owner. Those property rights include title to the dam and land under the dam, title to equipment and other personal property normally located at the dam site, flowage rights and access rights.
[PL 1995, c. 630, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 630, §3 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE › 38 §907. Right to withdraw petition

§907. Right to withdraw petition
A dam owner may at any time withdraw a petition filed under this article.   [PL 1995, c. 630, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 630, §3 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE › 38 §908. Municipal actions on dam ownership

§908. Municipal actions on dam ownership
The municipal legislative body, as defined in Title 30‑A, section 2001, of any municipality notified pursuant to section 901, subsection 2 must consider and act on the issue of dam ownership at a public meeting. The meeting must be held no later than 60 days after the municipal officers receive notice under section 901. County commissioners notified under section 901 must also hold a public meeting to act on the issue of dam ownership not later than 60 days after receiving notification.   [PL 1995, c. 630, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 630, §3 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS › Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE › 38 §909. Technical assistance

§909. Technical assistance
To the extent existing resources are available, when one or more municipalities seek ownership of a dam, the Department of Agriculture, Conservation and Forestry may provide grants and technical assistance to the participating municipality or municipalities or to regional planning organizations.   [PL 2011, c. 655, Pt. JJ, §34 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
SECTION HISTORY
PL 1997, c. 789, §4 (NEW). PL 1997, c. 789, §5 (AFF). PL 2011, c. 655, Pt. JJ, §34 (AMD). PL 2011, c. 655, Pt. JJ, §41 (AFF). PL 2011, c. 657, Pt. W, §5 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 6: SACO RIVER CORRIDOR › 38 §951. Purpose

§951. Purpose
The Legislature finds that the Saco, Ossipee and Little Ossipee Rivers are largely unspoiled by intensive or poorly planned commercial, industrial or residential development; that existing water quality on the inland portions of these rivers is extremely high; that these rivers and their associated wetlands constitute an important present and future source of drinking water; that they support large and diverse aquatic populations; and that they are heavily used for fishing, swimming, canoeing, camping and other forms of outdoor recreation.   [PL 1979, c. 459, §1 (NEW).]
The Legislature finds that the wetlands associated with these rivers constitute important water storage areas; that they moderate the flow of these rivers in time of flood and drought; that they replenish the groundwater; and that they provide nutrients and essential habitat for numerous species of fish, migratory birds and other forms of wildlife.   [PL 1979, c. 459, §1 (NEW).]
The Legislature finds that the periodic flooding of these rivers contributes to the fertility of the adjacent lands; that the unrestricted flow of water within the floodway in the upper portions of these rivers is an essential factor in limiting the severity of flooding in the lower portions of these rivers; and that because the floodplains are largely undeveloped, the flooding which now occurs results in relatively little loss of life, personal injury and damage to property.   [PL 1979, c. 459, §1 (NEW).]
The Legislature finds that these rivers and their adjacent lands possess outstanding scenic and aesthetic qualities and that certain areas along these rivers are of outstanding scenic, historic, archaeological, scientific and educational importance.   [PL 1979, c. 459, §1 (NEW).]
The Legislature finds that the towns along these rivers are experiencing rapid population growth and that the rivers themselves are subject to increasing development pressures which threaten to destroy the quality of these rivers and the character of the adjacent lands.   [PL 1979, c. 459, §1 (NEW).]
In view of the dangers of intensive and poorly planned development, it is the purpose of this chapter to preserve existing water quality, prevent the diminution of water supplies, to control erosion, to protect fish and wildlife populations, to prevent undue extremes of flood and drought, to limit the loss of life and damage to property from periodic floods; to preserve the scenic, rural and unspoiled character of the lands adjacent to these rivers; to prevent obstructions to navigation; to prevent overcrowding; to avoid the mixture of incompatible uses; to protect those areas of exceptional scenic, historic, archaeological, scientific and educational importance; and to protect the public health, safety and general welfare by creating the Saco River Corridor, established in section 953, and by regulating the use of land and water within this area.   [PL 1989, c. 503, Pt. B, §177 (AMD).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). PL 1983, c. 812, §293 (AMD). PL 1989, c. 503, §B177 (AMD).