Maine 2023 2023-2024 Regular Session

Maine House Bill LD1441 Introduced / Bill

                    Printed on recycled paper
131st MAINE LEGISLATURE
FIRST REGULAR SESSION-2023
Legislative Document	No. 1441H.P. 937House of Representatives, March 30, 2023
An Act to Enhance State Oversight of Water Use and Water 
Resources
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SAYRE of Kennebunk.
Cosponsored by Representative BELL of Yarmouth, Senator CHIPMAN of Cumberland and
Representatives: ANKELES of Brunswick, COLLINGS of Portland, GRAMLICH of Old 
Orchard Beach, JAUCH of Topsham, MALON of Biddeford. Page 1 - 131LR2071(01)
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2 as enacted by PL 2019, c. 67, §1, is amended 
3 to read:
4 B.  The committee shall meet at least quarterly and report annually to the Department 
5 of Agriculture, Conservation and Forestry, beginning in August 2020. The committee 
6 shall plan for the sustainable use of water resources.  The committee shall focus on by:
7 (1)  Collecting and reviewing information regarding water withdrawal activities;
8 (2) Coordinating state water resources information, developing measures to 
9 provide for the consolidation and centralization of collected state water resources 
10 information within a single state agency, ensuring public access to that information 
11 and identifying opportunities and resources to enhance or supplement the 
12 collection of state water resources information; and
13 (3) Identifying watersheds at risk by refining the most recent analysis of 
14 watersheds at risk performed by the Bureau of Resource Information and Land Use 
15 Planning, Division of Geology, Natural Areas and Coastal Resources, Maine 
16 Geological Survey, including:
17 (a)  Conducting appropriate water resources investigations in watersheds at 
18 risk;
19 (b) Considering projected increased water use by population, agricultural 
20 irrigation, commercial users, industrial users and other users;
21 (c)  Considering seasonal use;
22 (d)  Considering potential effects of climate change;
23 (e)  Considering the effects of anticipated future water quality classification 
24 changes on the availability of water for withdrawal;
25 (f)  In establishing priorities for further investigations, seeking input from the 
26 user community, from towns dealing with multimunicipal aquifers and from 
27 towns with significant local aquifers; and
28 (g)  Developing guidelines for consistency in further investigations.; and
29 (4)  Identifying measures to enhance or supplement the State's monitoring of and 
30 data collection regarding water use and water resources and the support of that data 
31 and, as necessary, identifying funding opportunities to support those measures.
32 is enacted to read:
33 E.  Beginning January 15, 2024, and annually thereafter, the committee shall submit a 
34 report to the Department of Agriculture, Conservation and Forestry and to the joint 
35 standing committees of the Legislature having jurisdiction over agriculture, 
36 conservation and forestry matters; environment and natural resources matters; energy 
37 and utilities matters; and health and human services matters. The report must include a 
38 summary of the committee’s activities during the prior calendar year and any findings 
39 and recommendations, including any suggested legislation, relating to the committee’s 
40 duties under paragraphs B and C. After reviewing the report, each joint standing  Page 2 - 131LR2071(01)
41 committee may report out legislation to implement any of the recommendations 
42 included in the report.
3 as enacted by PL 2005, c. 559, §2, is amended 
4 to read:
5 D.  Use data generated by water withdrawal reports under Title 38, section 470‑D and 
6 other available information to prioritize watersheds needing alternative water sources 
7 for agricultural use and the allocation of funding; and
8 as enacted by PL 2005, c. 559, §2, is amended 
9 to read:
10 E.  Facilitate the implementation of the sustainable agricultural water source program 
11 under section 353. ; and
12 is enacted to read:
13 F. Develop recommendations for measures to enhance drought preparedness and 
14 drought resilience by agricultural producers, including, but not limited to, improved 
15 water capture and storage measures, enhanced irrigation opportunities and measures to 
16 better identify and notify agricultural producers about areas where there is low flow 
17 and occurrences of low flow.  For the purposes of this paragraph, "low flow" means 
18 the flow of water in a stream is low due to prolonged dry weather.
19 is enacted to read:
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21 submit a report to the joint standing committees of the Legislature having jurisdiction over 
22 agriculture, conservation and forestry matters and environment and natural resources 
23 matters. The report must include a summary of the board's activities during the prior 
24 calendar year and any findings and recommendations, including any suggested legislation, 
25 relating to the board’s duties under subsections 2 and 3. After reviewing the report, each 
26 joint standing committee may report out legislation to implement any of the 
27 recommendations included in the report.
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29 This bill amends the duties of the Water Resources Planning Committee within the 
30 Department of Agriculture, Conservation and Forestry to include developing measures for 
31 the consolidation and centralization of collected state water resources information within a 
32 single state agency, ensuring public access to that information, identifying opportunities 
33 and resources to enhance or supplement the collection of state water resources information 
34 and enhancing or supplementing the State's monitoring of and data collection regarding 
35 water use and water resources.  It also requires the committee, beginning January 15, 2024, 
36 to annually submit a report to the department and to the joint standing committees of the 
37 Legislature having jurisdiction over agriculture, conservation and forestry matters; 
38 environment and natural resources matters; energy and utilities matters; and health and 
39 human services matters.  The report must include a summary of the committee's activities 
40 during the prior calendar year and any findings and recommendations, including any 
41 suggested legislation, and each joint standing committee may report out legislation to 
42 implement any of the recommendations included in the report. 
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1 The bill also amends the duties of the Maine Agricultural Water Management Board 
2 within the department to include developing recommendations for measures to enhance 
3 drought preparedness and drought resilience by agricultural producers.  It also requires the 
4 board, beginning January 15, 2024, to annually submit a report to the joint standing 
5 committees of the Legislature having jurisdiction over agriculture, conservation and 
6 forestry matters and environment and natural resources matters. The report must include a 
7 summary of the board's activities during the prior calendar year and any findings and 
8 recommendations, including any suggested legislation, and each joint standing committee 
9 may report out legislation to implement any of the recommendations included in the report.