Sec. 1. 38 MRSA §404, sub-§1, ¶D is enacted to read:

D.__"Reasonable use" means any socially or economically beneficial use of ground water.__"Reasonable use" does not include transporting the water off of the land for use elsewhere or a use that is wasteful.

Sec. 2. 38 MRSA §404, sub-§4 is enacted to read:

4.__Reasonable use.__ Except as provided in subsection 2, a landowner may not make use of the ground water underlying the landowner's land unless the use is a reasonable use.

SUMMARY

The purpose of this bill is to establish a reasonable use rule for groundwater withdrawals and to reject the common law doctrine of absolute dominion. The bill permits a landowner to make any reasonable use of the groundwater underlying the landowner's land and defines "reasonable use."