Maine § 38 §840 Establishment of water levels

Maine Statutes

§ 38 §840 — Establishment of water levels

Maine § 38 §840

Title 38WATERS AND NAVIGATION

Ch. 5GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS

This text of Maine § 38 §840 (Establishment of water levels) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 38, § 38 §840 (2026).

Text

1.Power. The commissioner may on the commissioner's own motion and shall, at the request of the owner, lessee or person in control of a dam, the Commissioner of Inland Fisheries and Wildlife or the Commissioner of Marine Resources, or upon receipt of petitions from the lesser of at least 25% or 50 of the littoral or riparian proprietors or from a water utility having the right to withdraw water from the body of water for which the water level regime is sought, conduct an adjudicatory hearing for the purpose of establishing a water level regime and, if applicable, minimum flow requirements for the body of water impounded by any dam that is not:

2.Notice. The commissioner shall provide written notice of any hearing held pursuant to this section to the owner, lessee or person in control, if

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1.
Power.
The commissioner may on the commissioner's own motion and shall, at the request of the owner, lessee or person in control of a dam, the Commissioner of Inland Fisheries and Wildlife or the Commissioner of Marine Resources, or upon receipt of petitions from the lesser of at least 25% or 50 of the littoral or riparian proprietors or from a water utility having the right to withdraw water from the body of water for which the water level regime is sought, conduct an adjudicatory hearing for the purpose of establishing a water level regime and, if applicable, minimum flow requirements for the body of water impounded by any dam that is not:
2.
Notice.
The commissioner shall provide written notice of any hearing held pursuant to this section to the owner, lessee or person in control, if known, of any dam on the body of water and to any petitioner who has petitioned for a hearing with respect to the body of water. The commissioner shall give public notice of the hearing under Title 5, section 9052 and shall also file notice of the hearing in the municipal office of any municipality and in the clerk's office of any county in which the body of water is located.
3.
Conduct of hearing.
The hearing shall follow the procedures for an adjudicatory hearing under Title 5, chapter 375, subchapter IV and the procedures specified in this section.
4.
Evidence.
At the hearing, the commissioner shall solicit and receive testimony, as provided by Title 5, section 9057, for the purpose of establishing a water level regime and, if applicable, minimum flow requirements for the body of water. The testimony is limited to:
5.
Order.
Based on the evidence solicited at the hearing, the commissioner shall make written findings and issue an order to the owner, lessee or person in control of the dam establishing a water level regime for the body of water impounded by the dam and, if applicable, minimum flow requirements for the dam. The order must, insofar as practical, require the maintenance of a stable water level, but must include provision for variations in water level to permit sufficient drawdown of the body to accommodate precipitation and runoff of surface waters, minimum flow requirements and to otherwise permit seasonal and other necessary fluctuations in the water level of the body of water in order to protect public health, safety and welfare and the public and private resources identified in subsection 4. The commissioner shall deliver a copy of the order to the owner, lessee or person in control of the dam, the municipal officers of any municipality in which the dam or the body of water it impounds is located and each petitioner, if any, and shall file a copy of the order in the registry of deeds in the county where the dam is located.
6.
Appeal.
The commissioner's order may be appealed to the board. The appeal is governed by the provisions of section 341‑D, subsection 4.
7.
Applicability beginning October 1, 2015.

Legislative History

PL 1983, c. 417, §6 (NEW). PL 1987, c. 118, §11 (AMD). PL 1987, c. 402, §A205 (AMD). PL 1989, c. 323, §§1-3 (AMD). PL 1989, c. 569, §1 (AMD). PL 1989, c. 890, §A40 (AFF). PL 1989, c. 890, §§B197-201 (AMD). PL 1993, c. 370, §§9, 10 (AMD). PL 1995, c. 630, §2 (AMD). PL 1999, c. 243, §20 (AMD). PL 2011, c. 653, §25 (AMD). PL 2011, c. 653, §33 (AFF). PL 2015, c. 264, §4 (AMD).