LD 1643
pg. 1
LD 1643 Title Page An Act To Clarify and Harmonize State Policy on Groundwater Management Page 2 of 6
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LR 2288
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
PART A

 
Sec. A-1. 12 MRSA §685-B, sub-§4, ¶C, as amended by PL 1973, c. 569,
§11, is further amended to read:

 
C. Adequate provision has been made for fitting the
proposal harmoniously into the existing natural environment
in order to assure there will be no undue adverse effect on
existing uses, scenic character, and natural and historic
resources in the area likely to be affected by the proposal,
and.__In making a determination under this paragraph
regarding development to facilitate withdrawal of
groundwater, the commission shall consider the effects of
the proposed withdrawal on waters of the State, as defined
by Title 38, section 361-A, subsection 7; water-related
natural resources; and existing uses, including, but not
limited to, public or private wells, within the anticipated
zone of contribution to the withdrawal.__In making findings
under this paragraph, the commission shall consider both the
direct effects of the proposed withdrawal and its effects in
combination with existing water withdrawals;

 
Sec. A-2. 22 MRSA §2612, sub-§1, ¶D is enacted to read:

 
D.__The department may approve a new source of supply if the
department determines that use of the source of supply as
proposed would not have an undue adverse effect on waters of
the State, as defined by Title 38, section 361-A, subsection
7; water-related natural resources; and existing uses,
including, but not limited to, public or private wells,
within the anticipated zone of contribution to the
withdrawal.__In making findings under this paragraph, the
department shall consider both the direct effects of the
proposed water withdrawal and its effects in combination
with existing water withdrawals.

 
Sec. A-3. 22 MRSA §2660-A, sub-§3, ¶D, as enacted by PL 2003, c. 121,
§1, is amended to read:

 
D. For a source not otherwise permitted by the Department of
Environmental Protection or the Maine Land Use Regulation
Commission, the water withdrawal will not adversely affect
existing uses of groundwater or surface water resources,
including private wells have an undue adverse effect on waters of
the State, as defined by Title 38, section 361-A, subsection 7;
water-related natural resources; and existing uses, including,
but not limited to, public or private wells, within the
anticipated zone of contribution to the


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