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State of Maine

Department of Environmental Protection



5 August 1993

Selectmen
Town of Canton
PO Box 607 Canton, ME 04221

Selectmen
Town of Hartford
RR1 Box 220
Canton, ME 04221

RE: Change in Statute Permitting Towns to Set and to Administer Water Level Orders instead of the DEP

Dear Selectmen:

The Anasagunticook Lake Dam in the town of Canton impounds Anasagunticook Lake which is located within the towns of Canton and Hartford. As you know, there is a Water Level Order issued by DEP which controls water levels in the impoundment and possibly outlet flows.

During the 1992-1993 Session, the Legislature modified the Maine Dam Registration, Abandonment and Water Level Act in several ways which will impact dams and impoundments subject to this statute. Your town contains a dam or impoundment subject to such a water level order.

Enclosed is a copy of the changes to Title 30-A MRSA § 187 sub-sect. VI entitled "MUNIPIPAL REGULATION OF WATER LEVELS AND MINIMUM FLOWS" and to Title 38 MRSA, which become effective on 13 October 1993.

Where a dam and impoundment are located solely within its corporate boundary and are subject to the water level jurisdiction of the law (most hydropower projects excluded), that municipality may draft an ordinance which contains the substance of the State Dams Law. After the ordinance receives review and approval by the Commissioner of DEP, the municipality will then receive the sole authority to regulate water levels within its boundaries for any impoundment controlled by a jurisdictional dam at least two feet high and 15 acre feet or more in volume. It will also have the authority to regulate flows from that impoundment. DEP would then cease to have jurisdiction over water levels in your town.

Where a dam and/or impoundment is located within two or more municipalities, these municipalities may enter into an interlocal agreement for the purpose of regulating water levels and stream flows. Each municipality must adopt and have approved by the Commissioner of DEP, an ordinance containing the substance of the State Law. The municipalities will then receive joint authority to regulate water levels and minimum flows for jurisdictional dams and impoundments within their boundaries. As above, DEP would then cease to have jurisdiction.

For additional information contact Donald L. Anderson or Dana P. Murch at 287-2111

Sincerely,

Donald L. Anderson
Dams Coordinator
Bureau of Land Quality Control

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