Maine Statutes
§ 38 §404 — Ground water rights
1.Definitions.
As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
2.Cause of action created.
Subject to the limitations of subsection 3 and except as provided by Title 23, section 652, a person is liable for the withdrawal of ground water, including use of ground water in heat pump systems, when the withdrawal is in excess of beneficial domestic use for a single-family home and when the withdrawal causes interference with the preexisting beneficial domestic use of ground water by a landowner or lawful land occupant.
3.Limitations.
The liability imposed under subsection 2 shall be in compensatory damages only, to be recovered in an action brought by the landowner or other lawful land occupant whose ground water use has been i
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Legislative History
PL 1987, c. 491, §4 (NEW).
Nearby Sections
15
§ 38 §401
Findings; purpose§ 38 §402
Research§ 38 §403
Ground water quality§ 38 §404
Ground water rights§ 38 §405
Statement of findings and purpose§ 38 §406
Definitions§ 38 §407-A
Identification of freshwater wetlands§ 38 §408
Prohibitions§ 38 §409
Standards§ 38 §410-A
Permits; grants; denials; suspensions§ 38 §410-B
Violations