Maine Statute | Act | Code |Title 38. Waters And Navigation| US Code - US Statute | Chapter 05. General Provisions Relating To Rivers And Streams

Title 38 - §611. Owner or mortgagee in possession liable for acts of tenants

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1: General Provisions

§611. Owner or mortgagee in possession liable for acts of tenants

The owner or mortgagee in possession, as well as any tenant, of any mill used for manufacturing lumber is liable for the acts of the tenant in unlawfully obstructing or diverting the water of any river or stream by the slabs or other mill waste from that mill, but no action may be maintained without a demand of damages, at least 30 days prior to its commencement. Such an unlawful obstruction or diversion by the tenant shall terminate, at the election of the owner or mortgagee and on written notice to the tenant, the tenancy. [1987, c. 769, Pt. A, §179 (rpr).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §612. Streams forming state boundary

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1: General Provisions

§612. Streams forming state boundary

This chapter applies to mills and dams erected upon streams forming the boundary line of the State although a part of the dam is not in the State. The rights and remedies of all parties concerned shall be ascertained and determined as if the whole of such streams were in the State. This chapter shall not apply to mills and dams erected upon streams whose waters ultimately reach the ocean at a point wholly outside the territorial limits of the United States of America unless said dams are authorized by Act of the Legislature or by a decree of the Public Utilities Commission made after public notice and hearing on petition for such authorization.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §621. Purpose (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-A: Licensing of Hydroelectric Facilities

§621. Purpose (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §622. Definitions (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-A: Licensing of Hydroelectric Facilities

§622. Definitions (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §623. Prohibition (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-A: Licensing of Hydroelectric Facilities

§623. Prohibition (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §624. Application and notice procedures (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-A: Licensing of Hydroelectric Facilities

§624. Application and notice procedures (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §625. Board action, administrative appeal and hearings (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-A: Licensing of Hydroelectric Facilities

§625. Board action, administrative appeal and hearings (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §626. Criteria (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-A: Licensing of Hydroelectric Facilities

§626. Criteria (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §630. Short title

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-B: Permits for hydropower projects (HEADING: PL 1983, c. 458, @18 (new))

§630. Short title

This subarticle may be cited and referred to in proceedings and agreements as the "Maine Waterway Development and Conservation Act." [1983, c. 458, §18 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §631. Purposes

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-B: Permits for hydropower projects (HEADING: PL 1983, c. 458, @18 (new))

§631. Purposes

1. Findings. The Legislature finds and declares that the surface waters of the State constitute a valuable indigenous and renewable energy resource; and that hydropower development utilizing these waters is unique in its benefits and impacts to the natural environment, and makes a significant contribution to the general welfare of the citizens of the State for the following reasons.

A. Hydropower is the state's only economically feasible, large-scale energy resource which does not rely on combustion of a fuel, thereby avoiding air pollution, solid waste disposal problems and hazards to human health from emissions, wastes and by-products. Hydropower can be developed at many sites with minimal environmental impacts, especially at sites with existing dams or where current type turbines can be used. [1983, c. 458, §18 (new).]

B. Like all energy generating facilities, hydropower projects can have adverse effects; in contrast with other energy sources, they may also have positive environmental effects. For example, hydropower dams can control floods and augment downstream flow to improve fish and wildlife habitats, water quality and recreational opportunities. [1983, c. 458, §18 (new).]

C. Hydropower is presently the state's most significant indigenous resource that can be used to free our citizens from their extreme dependence on foreign oil for peaking power. [1983, c. 458, §18 (new).]

[1983, c. 458, §18 (new).]

2. Policy and purpose. The Legislature declares that hydropower justifies singular treatment. The Legislature further declares that it is the policy of the State to support and encourage the development of hydropower projects by simplifying and clarifying requirements for permits, while assuring reasonable protection of natural resources and the public interest in use of waters of the State. It is the purpose of this subarticle to require a single application and permit for the construction of all hydropower projects and for the reconstruction or structural alteration of certain projects, including water storage projects. The permit application process shall be administered by the Department of Environmental Protection, except that, for hydropower projects within the jurisdiction of the Maine Land Use Regulation Commission, the commission shall administer the permit application process under this subarticle. [1983, c. 458, §18 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §633. Prohibition

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-B: Permits for hydropower projects (HEADING: PL 1983, c. 458, @18 (new))

§633. Prohibition

1. Permit required. No person may initiate construction or reconstruction of a hydropower project, or structurally alter a hydropower project in ways that change water levels or flows above or below the dam, without first obtaining a permit from the department. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §182 (amd).]

2. Exceptions. This subarticle shall not apply to activities for which, prior to the effective date of this Act, a permit or permits have been issued pursuant to any of the following laws: Land use regulation laws, Title 12, sections 681 to 689; stream alteration laws, former sections 425 to 430; great ponds laws, former sections 391 to 394; alteration of coastal wetlands laws, former sections 471 to 478; site location of development laws, sections 481 to 490; and small hydroelectric generating facilities laws, this subarticle. [1989, c. 878, Pt. G, §8 (amd).]

3. Exemptions. Normal maintenance and repair of an existing and operating hydropower project shall be exempt from this subarticle, provided that:

A. The activity does not involve any dredging or filling below the normal high-water line of any great pond, coastal wetland, river, stream or brook; and [1983, c. 458, §18 (new).]

B. The activity does not involve any dredging or filling on the land adjacent to any great pond, coastal wetland, river, stream or brook such that any dredged spoil, fill or structure may fall or be washed into those waters. [1983, c. 458, §18 (new).]

[1983, c. 458, §18 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §634. Permit requirements

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-B: Permits for hydropower projects (HEADING: PL 1983, c. 458, @18 (new))

§634. Permit requirements

1. Coordinated permit review. Permits required under the following laws are not required by any state agency for projects reviewed or exempted from review under this subarticle: natural resource protection laws, chapter 3, subchapter I, article 5-A; site location of development laws, chapter 3, subchapter I, article 6; and land use regulation laws, Title 12, chapter 206-A. Notwithstanding section 654, the department may attach reasonable conditions consistent with this subarticle concerning the operation of hydropower projects. The commissioner shall give written notice to the Commissioner of Inland Fisheries and Wildlife and the Commissioner of Marine Resources of the intent of any applicant for a permit to construct a dam. [1989, c. 309, §3 (rpr); c. 890, Pt. A, §40 (aff); Pt. B, §183 (amd).]

2. Application. An application for a permit required by section 633 must be made on forms provided by the commissioner and filed with the commissioner. Public notice of the filing must be made as required by the board. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §183 (amd).]

3. Application review. Within 10 working days of receiving a completed application, the commissioner shall notify the applicant of the official date on which the application was accepted. The commissioner shall circulate the application among the Department of Environmental Protection, Department of Conservation, Department of Inland Fisheries and Wildlife, Department of Marine Resources, Department of Transportation, Maine Historic Preservation Commission, State Planning Office, Public Utilities Commission and the municipal officials of the municipality in which the project is located. The State Planning Office and the Public Utilities Commission shall submit written comments on section 636, subsection 7, paragraph F. For projects within the jurisdiction of the Maine Land Use Regulation Commission, the director may request and obtain technical assistance and recommendations from the staff of the department. The Commissioner of Environmental Protection shall respond to the requests in a timely manner. The recommendations of the Commissioner of Environmental Protection must be considered by the commission in acting upon a project application. [1989, c. 501, Pt. DD, §46 (amd); c. 890, Pt. A, §40 (aff); Pt. B, §183 (amd).]

4. Dam removal. A person intending to file an application for a permit to remove an existing dam must attend a preapplication meeting with the department and must hold a public informational meeting prior to filing the application. The preapplication meeting and the public informational meeting must be held in accordance with the department's rules on the processing of applications. [2003, c. 134, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §635-A. Time limits for processing applications

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-B: Permits for hydropower projects (HEADING: PL 1983, c. 458, @18 (new))

§635-A. Time limits for processing applications

Whenever the commissioner receives a properly completed application, the department shall make a decision as expeditiously as possible. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §185 (amd).] div>
When the proposed project lies within the jurisdiction of the Maine Land Use Regulation Commission, decisions shall be made within 105 working days except that decisions delegated to the director shall be made within 60 working days. Following one extension of up to 45 working days, the director may waive the time limit requirements of this section only at the request of the applicant. [1985, c. 362, §1 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §635-B. Procedures for water quality certification

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-B: Permits for hydropower projects (HEADING: PL 1983, c. 458, @18 (new))

§635-B. Procedures for water quality certification

Issuance of a water quality certificate required under the United States Water Pollution Control Act, Section 401, is coordinated for the applicant under this subarticle by the Commissioner of Environmental Protection. The issuance of a water quality certificate is mandatory in every case where the department approves an application under this subarticle. The department shall issue or deny certification at the same time it approves or disapproves the proposed project. If issued, the certification must state that there is a reasonable assurance that the project will not violate applicable water quality standards. The coordination function of the department with respect to water quality certification does not include any proceedings or substantive criteria in addition to those otherwise required by this subarticle. [1989, c. 309, §4 (new); c. 890, Pt. A, §40 (aff); Pt. B, §186 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §635. Department decision

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-B: Permits for hydropower projects (HEADING: PL 1983, c. 458, @18 (new))

§635. Department decision

Upon receipt of a properly completed application, the department shall: [1989, c. 890, Pt. A, §40 (aff); Pt. B, §184 (amd).]

1. Approval. Approve the proposed project upon such terms and conditions as are appropriate and reasonable to protect and preserve the environment and the public's health, safety and general welfare, including the public interest in replacing oil with hydroelectric energy. These terms and conditions may include, but are not limited to:

A. Establishment of a water level range for the body of water impounded by a hydropower project; [1983, c. 458, §18 (new).]

B. Establishment of instantaneous minimum flows for the body of water affected by a hydropower project; and [1983, c. 458, §18 (new).]

C. Provision for the construction and maintenance of fish passage facilities. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §184 (amd).]

When the proposed project involves maintenance, reconstruction or structural alteration at an existing hydropower project and when the proposed project will not alter historic water levels or flows after its completion, the department may impose temporary terms and conditions of approval relating to paragraph A or paragraph B but may not impose permanent terms and conditions that alter historic water levels or flows; [1989, c. 890, Pt. A, §40 (aff); Pt. B, §184 (amd).]

2. Disapproval. Disapprove the proposed project setting forth in writing the reasons for the disapproval; or [1983, c. 458, §18 (new).]

3. Hearing. Schedule a hearing on the proposed project. Any hearing held under this subsection must follow the notice requirements and procedures for an adjudicatory hearing under Title 5, chapter 375, subchapter IV. After a hearing is held under this subsection, the department shall make findings of facts and issue an order approving or disapproving the proposed project, as provided in subsections 1 and 2. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §184 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §636. Approval criteria

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-B: Permits for hydropower projects (HEADING: PL 1983, c. 458, @18 (new))

§636. Approval criteria

The department shall approve a project when it finds that the applicant has demonstrated that the following criteria have been met. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §187 (amd).]

1. Financial capability. The applicant has the financial capability and technical ability to undertake the project. In the event that the applicant is unable to demonstrate financial capability, the department may grant the permit contingent upon the applicant's demonstration of financial capability prior to commencement of the activities permitted. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §188 (amd).]

2. Safety. The applicant has made adequate provisions for protection of public safety. [1983, c. 458, §18 (new).]

3. Public benefits. The project will result in significant economic benefits to the public, including, but not limited to, creation of employment opportunities for workers of the State. [1983, c. 458, §18 (new).]

4. Traffic movement. The applicant has made adequate provisions for traffic movement of all types out of or into the development area. [1983, c. 458, §18 (new).]

5. Maine Land Use Regulation Commission. Within the jurisdiction of the Maine Land Use Regulation Commission, the project is consistent with zoning adopted by the commission. [1983, c. 458, §18 (new).]

6. Environmental mitigation. The applicant has made reasonable provisions to realize the environmental benefits of the project, if any, and to mitigate its adverse environmental impacts. [1983, c. 458, §18 (new).]

7. Environmental and energy considerations. The advantages of the project are greater than the direct and cumulative adverse impacts over the life of the project based upon the following considerations:

A. Whether the project will result in significant benefit or harm to soil stability, coastal and inland wetlands or the natural environment of any surface waters and their shorelands; [1989, c. 309, §5 (amd).]

B. Whether the project will result in significant benefit or harm to fish and wildlife resources. In making its determination, the department shall consider other existing uses of the watershed and fisheries management plans adopted by the Department of Inland Fisheries and Wildlife, the Department of Marine Resources and the Atlantic Salmon Commission; [1999, c. 401, Pt. BB, §19 (amd).]

C. Whether the project will result in significant benefit or harm to historic and archeological resources; [1983, c. 458, §18 (new).]

D. Whether the project will result in significant benefit or harm to the public rights of access to and use of the surface waters of the State for navigation, fishing, fowling, recreation and other lawful public uses; [1983, c. 458, §18 (new).]

E. Whether the project will result in significant flood control benefits or flood hazards; and [1989, c. 309, §6 (amd).]

F. Whether the project will result in significant hydroelectric energy benefits, including the increase in generating capacity and annual energy output resulting from the project, and the amount of nonrenewable fuels it would replace. [1989, c. 309, §6 (amd).]

G. [1989, c. 309, §7 (rp).]

The department shall make a written finding of fact with respect to the nature and magnitude of the impact of the project on each of the considerations under this subsection, and a written explanation of their use of these findings in reaching their decision. [1999, c. 401, Pt. BB, §19 (amd).]

8. Water quality. There is reasonable assurance that the project will not violate applicable state water quality standards, including the provisions of section 464, subsection 4, paragraph F, as required for water quality certification under the United States Water Pollution Control Act, Section 401. This finding is required for both the proposed impoundment and any affected classified water bodies downstream of the proposed impoundment.

A. Notwithstanding section 464, subsection 2, the department shall reclassify the waters of the proposed impoundment to Class GPA if the department finds:

(1) There is a reasonable likelihood that the proposed impoundment will thermally stratify;

(2) The proposed impoundment will exceed 30 acres in surface area;

(3) The proposed impoundment will not have any upstream direct discharges except cooling water; and

(4) The proposed impoundment will not violate section 464, subsection 4, paragraph F.
[1989, c. 309, §8 (new); c. 890, Pt. A, §40 (aff); Pt. B, §190 (amd).]

[1989, c. 309, §8 (new); c. 890, Pt. A, §40 (aff); Pt. B, §190 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §637. Review of rules

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-B: Permits for hydropower projects (HEADING: PL 1983, c. 458, @18 (new))

§637. Review of rules

Rules adopted by the board pursuant to this subarticle shall be immediately submitted to the joint standing committee of the Legislature having jurisdiction over natural resources for review and may not become effective until 91 days after the adjournment of the next regular session of the Legislature which adjourns after their submission. This committee may report out legislation it deems necessary to clarify legislative intent regarding rules adopted pursuant to this subarticle. [1985, c. 698, §16 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §640. Public participation

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 1-C: Public Participation in the Licensing and Relicensing of Hydroelectric Dams (HEADING: PL 1989, c. 453, @2 (new))

§640. Public participation

Unless otherwise provided in accordance with regulations promulgated by the Federal Energy Regulatory Commission, for all existing hydropower projects located in Maine currently licensed under the Federal Power Act, and for all proposed hydropower projects requiring a license to operate under the Federal Power Act, all state agencies that review, comment on and consult in the proposed studies, plans, terms and conditions in the course of licensing or relicensing these projects, including the State Planning Office, the Department of Environmental Protection, the Department of Inland Fisheries and Wildlife and the Department of Marine Resources, shall cooperatively take the following steps to ensure that interested members of the public are informed of, and allowed to participate in, the review and comment process. [1989, c. 453, §2 (new).]

1. Publication. At the commencement of the consultation, review and comment process, the state agencies involved shall publish notification of this fact, informing the public of the issues anticipated to be involved in the licensing or relicensing process, the timetable for processing of the license and the opportunities the public has to comment on and participate in the process. The notice shall be designed to reach readership both statewide and in the vicinity of the hydropower project, including all persons that have contacted the agencies with an interest in this matter and all potentially interested persons. [1989, c. 453, §2 (new).]

2. Written notification of status. During the entire consultation process and including the filing of the license application under the Federal Power Act, the state agencies shall inform in writing all members of the public that have indicated an interest in the particular licensing process of the status of that process, including all requirements that the agencies may be placing upon the license applicant. That information shall be provided no less than once every 4 months. [1989, c. 453, §2 (new).]

3. Public comment. State agencies shall provide meaningful opportunities for public comment on the plans, studies, terms and conditions to be recommended by the agencies for inclusion in the license. [1989, c. 453, §2 (new).]

4. Release of public information. All information submitted to the agencies by the applicants for a license under the Federal Power Act shall constitute a public record pursuant to Title 1, section 402, unless such information is otherwise exempted from public disclosure by state law. Release of this information to members of the public shall be governed by Title 1, section 408. [1989, c. 453, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §651. Milldams and canals

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 2: Rights and Liabilities

§651. Milldams and canals

Any man may on his own land erect and maintain a watermill and dams to raise water for working it, upon and across any stream not navigable; or, for the purpose of propelling mills or machinery, may cut a canal and erect walls and embankments upon his own land, not exceeding one mile in length, and thereby divert from its natural channel the water of any stream not navigable, upon the terms and conditions and subject to the regulations hereinafter expressed.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §652. --diversion of water

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 2: Rights and Liabilities

§652. --diversion of water

Any person, authorized to erect and maintain a watermill and dams on a stream not navigable and to divert the water of such stream from its natural channel by a canal not exceeding one mile in length for the purpose of propelling mills or machinery under section 651, may so divert such waters without said limitation to one mile, provided he is the owner of the land on which the canal is to be located or has the consent of the owners thereof, and provided he is the owner of all riparian rights on said stream between the point of diversion and the point at which the waters are returned to the stream, upon the terms and conditions, and subject to the regulations under this chapter. Under this section, "canal" shall include excavations in the ground and closed flumes, penstocks, pipelines and other appropriate means of conveying water from the point of diversion to the point of return to the stream.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §653. --injury to existing mill or canal

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 2: Rights and Liabilities

§653. --injury to existing mill or canal

No such dam shall be erected or canal constructed to the injury of any mill or canal lawfully existing on the same stream; nor to the injury of any mill site, on which a mill or milldam has been lawfully erected and used, unless the right to maintain a mill thereon has been lost or defeated.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §654. --restrictions as to height and duration

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 2: Rights and Liabilities

§654. --restrictions as to height and duration

The height to which the water may be raised, and the length of time during which it may be kept up in each year, and the quantity of water that may be diverted by such canal, may be restricted and regulated by the verdict of a jury, or report of commissioners, as is provided.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §655. --damages for flowing or diversion; limitations

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 2: Rights and Liabilities

§655. --damages for flowing or diversion; limitations

Any person whose lands are damaged by being flowed by a milldam, or by the diversion of the water by such canal, may obtain compensation for the injury, by complaint to the Superior Court in the county where any part of the lands are; but no compensation shall be awarded for damages sustained more than 3 years before the institution of the complaint.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §656. Cranberry culture

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 2: Rights and Liabilities

§656. Cranberry culture

When dams are erected and maintained on streams not navigable, for the purposes of cranberry culture, and lands are flowed thereby and injured by such flowage, the owners thereof shall proceed for the recovery of damages for such flowage in the same manner as in case of flowage by dams erected and maintained for mill purposes.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §657. Ice cutting and harvesting

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 2: Rights and Liabilities

§657. Ice cutting and harvesting

In order to create ponds for the cutting and harvesting of ice for the market, any persons or corporations may erect and maintain, on their own land, dams on streams not navigable or floatable, but emptying into tidewaters navigable in the winter, and may flow the lands above during November, December, January, February, March and April; but they shall draw off the water to its natural state by the 20th day of May yearly. If any lands are injured by such flowing, the owners thereof have the same remedies as in case of lands flowed by dams erected and maintained for mill purposes; but no right is granted by this section or section 656 to flow any milldam or any mill privilege improved or unimproved. This section shall not be construed as authorizing any persons or corporations to cut ice on any pond created as provided over any area the soil of which such persons or corporations do not own or lease or possess as tenants at will, or by reason of a valid agreement with the owner or lessee or tenant thereof when said owner or lessee is not the State and the pond is not a great pond.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §658. Timber removal on flowed lands

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 2: Rights and Liabilities

§658. Timber removal on flowed lands

When any person or corporation shall have decided to erect a dam across a nonnavigable stream under this chapter or under special authority granted by the Legislature, and shall have filed the specifications required by Title 35, section 11, and it appears that standing timber or other property of value upon the land intended to be flowed will constitute a menace to the safety of such person or corporation or to persons or property upon and along the banks of said stream below the intended location of said dam, the Superior Court shall have jurisdiction, upon complaint of such person or corporation, to authorize said plaintiff to remove and sell such timber or other property and to order the payment to the owner thereof of the gross proceeds of such sale and such further sum, if any, as said court shall deem just. Said court shall require the plaintiff to furnish security for such payment and for an additional penalty not less than double the amount to be received from such sale and shall include in its decree a condition that such additional sum shall be paid to said owner as damages if the dam is not completed and the land flowed within a time to be therein specified. Such time may be extended for good cause shown.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §659. --damages

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 2: Rights and Liabilities

§659. --damages

Damages caused by flowage of lands from which timber or other property shall have been removed under section 658 shall be assessed as though there had been no severance, and the amount paid for such timber or other property with interest to the date of the judgment shall be credited thereon, provided the owner of the land shall have the right to elect whether his damages shall be assessed for flowage as of the time of taking or of flowing.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §701. Complaint

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§701. Complaint

The complaint shall contain such a description of the land flowed or injured, and such a statement of the damage, that the record of the case shall show the matter heard and determined in the action.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §702. --service

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§702. --service

The complaint shall be filed and service made as in other actions.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §703. Defenses

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§703. Defenses

The owner or occupant of such mill or canal may answer that the plaintiff has no right, title or estate in the lands alleged to be injured; or that he has a right to maintain such dam, and flow the lands, or divert the water for an agreed price, or without any compensation; or any other matter, which may show that the plaintiff cannot maintain the action; but he shall not answer that the land described is not injured by such dam or canal.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §704. Trial; costs

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§704. Trial; costs

When any such answer is filed and an issue in fact or in law is joined, it shall be decided as similar issues are decided at common law. If judgment is for the defendant, he shall recover his costs.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §705. Appointment of commissioners; appraisal of damages

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§705. Appointment of commissioners; appraisal of damages

If the issue is decided in favor of the plaintiff, or if the defendant is defaulted or does not answer or show any legal objection to the proceedings, the court shall appoint 3 or more disinterested commissioners of the same county, who shall go upon and examine the premises and make a true and faithful appraisement, under oath, of the yearly damages, if any, done to the plaintiff by the flowing of his lands or the diversion of the water described in the complaint, and determine how far the same is necessary, and ascertain and report for what portion of the year such lands ought not to be flowed, or water diverted, or what quantity of water shall be diverted. They shall ascertain, determine and report what sum in gross would be a reasonable compensation for all the damages, if any, occasioned by the use of such dam, and for the right of maintaining and using the same forever, estimated according to the height of the dam and flashboards as then existing. If within 10 days after said report is presented to the court, the owners of said dam or mills elect to pay the damages in gross, the court, where the judgment is entered, shall fix the time in which said damages shall be paid, and if not paid within that time, the owners of the dam or mills lose all benefit of their election, and the annual damages shall stand as the judgment of the court, and, except as otherwise provided, all proceedings shall be in conformity with the other provisions of this chapter.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §706. Assessment in gross

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§706. Assessment in gross

In any case where annual damages have been determined by a judgment of the court, the owners of the dam or mills may apply to the court by a new complaint, to have the damages assessed in gross, and commissioners may be appointed as in other cases to ascertain, determine and report the damages in gross, and like proceedings shall then be had as are provided in sections 705 and 707.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §707. Payment in gross; bar

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§707. Payment in gross; bar

If the damages in gross are paid within the time fixed, the judgment is a bar to any further complaint so long as the dam and flashboards remain at the same height, but if thereafter either is raised, a new complaint may be made by the owner of the lands flowed for any additional damages caused thereby, and the proceedings in said new complaint shall be as hereinbefore prescribed.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §708. Commissioners' report for jury

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§708. Commissioners' report for jury

If either party requests that a jury may be impaneled to try the cause, the report of the commissioners shall, under the direction of the court, be given in evidence to the jury; but evidence shall not be admitted to contradict it, unless misconduct, partiality or unfaithfulness on the part of some commissioner is shown.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §709. Acceptance of commissioners' report

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§709. Acceptance of commissioners' report

If neither party requests a trial by jury, the report of the commissioners may be accepted by the court and judgment rendered thereon.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §710. Verdict or report bars future action

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§710. Verdict or report bars future action

The verdict of the jury or the report of the commissioners so accepted is a bar to any action brought for such damages. The owner or occupant shall not flow the lands nor divert the water during any portion of the period when prohibited, nor divert the water beyond the quantity allowed by the commissioners or jury.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §711. Yearly damages

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§711. Yearly damages

Such verdict or accepted report of the commissioners, and judgment thereon, shall be the measure of the yearly damages, until the owner or occupant of the lands or the owner or occupant of the mill or canal, on a new complaint to the court and by proceedings as in the former case, obtains an increase or decrease of such damages.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §712. --security for

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§712. --security for

When any person whose lands are so flowed or from whose lands the water is so diverted files his complaint for ascertaining or increasing his damages, or brings a civil action as provided in section 713, and moves the court to direct the owner or occupant of such mill or canal to give security for the payment of the annual damages, and the court so orders, the owner or occupant refusing or neglecting to give such security shall have no benefit of this chapter; but is liable to be sued for the damages occasioned by such flowing in a civil action.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §713. Action for unpaid damages; lien

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§713. Action for unpaid damages; lien

The party entitled to such annual compensation may maintain a civil action therefor against any person who owns or occupies said mill, or canal and mills supplied thereby, when the action is brought; and shall therein recover the whole sum due and unpaid, with costs; and shall have a lien for such compensation, from the time of the institution of the original complaint, on the mill and milldam, or on the canal and the mill supplied thereby, with the appurtenances and the land under and adjoining them and used therewith, for any sum due not more than 3 years before the commencement of the complaint.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §714. Execution sale of land and mill

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§714. Execution sale of land and mill

The execution on such judgment, if not paid, may at any time within 30 days be levied on the premises subject to the lien. The officer may sell the same at public auction, or so much thereof in common with the residue as is necessary to satisfy the execution, proceeding in giving notice of such sale as in selling an equity of redemption on execution. Such sale is effectual against all persons claiming the premises by any title which accrued within the time covered by the lien.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §715. --redemption

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§715. --redemption

Any person entitled to the premises may redeem them within one year after the sale by paying to the purchaser, or the person holding under him, the sum paid therefor, with interest at the rate of 12%, deducting therefrom any rents and profits received by such purchaser, or person holding under him; and may have the same process to compel the purchaser to account as he might have had against a purchaser of an equity of redemption.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §716. New complaints

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§716. New complaints

When either party is dissatisfied with the annual compensation established, a new complaint may be filed, and proceedings had and conducted substantially as in case of an original complaint.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §717. --restrictions

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§717. --restrictions

No new complaint shall be brought until one month after the payment of the preceding year is due and one month after notice to the other party. The other party may within that time make an offer or tender as is provided.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §718. --offer of increased compensation

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§718. --offer of increased compensation

The owner of the mill, dam or canal may within said month offer in writing to the owner of the land injured, an increase of compensation for the future. If the owner of the land does not agree to accept it, but brings a new complaint for the purpose of increasing it, he recovers no costs unless he obtains an increase greater than the offer.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §719. --offer to accept less compensation

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§719. --offer to accept less compensation

The owner of the land injured may within said month offer in writing to the owner of the mill, dam or canal to accept a reduced compensation for the future. If the owner of the mill, dam or canal declines to pay it, and brings a new complaint to obtain a reduction, he shall recover no costs, unless such compensation is reduced to a sum less than was offered.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §720. Tenants may make offers

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§720. Tenants may make offers

Such offers may be made by or to the tenants or occupants of the land, and of the mill and dam, or canal, in like manner and with like effect as if made by or to the owners; but no agreements founded thereon bind the owners, unless made by their consent.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §721. Common law remedy limited

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§721. Common law remedy limited

No action shall be sustained at common law for the recovery of damages occasioned by the overflowing of lands or for the diversion of the water as before mentioned, except in the cases provided in this chapter, to enforce the payment of damages after they have been ascertained by process of complaint.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §722. Double damages if restrictions violated

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§722. Double damages if restrictions violated

If, after judgment, the restrictions imposed by the report of the commissioners or finding of the jury respecting the flowing or diverting of the waters are violated, the party injured thereby may recover of the wrongdoers double damages for his injury in a civil action.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §723. Agreement of parties binding, if recorded

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§723. Agreement of parties binding, if recorded

When an annual compensation, upon the acceptance by one party of an offer made by the other, is established and signed by the owners of the mill, dam or canal, and of the land, and recorded in the office of the clerk of the court in which the former judgment was rendered, with a reference on the record to the former judgment, and to the book where the agreement is recorded, such agreement is as binding as a verdict and judgment on a new complaint.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §724. Judgment no bar to new complaint

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§724. Judgment no bar to new complaint

A judgment against a plaintiff as not entitled to any compensation is no bar to a new complaint for damages, arising after the former verdict, and for compensation for damages subsequently sustained.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §725. Tender of damages

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§725. Tender of damages

In case of an original complaint, the defendant may, with the same advantages to himself, tender and bring money into court, or if the issue is decided in favor of the plaintiff, or if the defendant is defaulted or does not answer or show any legal objections to the proceedings, the defendant may, in writing entered of record with its date, offer to be defaulted for a specific sum for the yearly damages or a sum in gross as reasonable compensation for all damages, as in an action at common law. If either is accepted, the judgment has the same effect as if rendered on a verdict. If not accepted within such time as the court orders, it shall not be offered in evidence or have any effect upon the rights of the parties, or the judgment to be rendered except the costs. If the plaintiff fails to recover a sum greater than the sum tendered or offered, he recovers such costs only as accrued before the offer, and the defendant recovers costs accrued after that time, and his judgment for costs may be set off against the plaintiff's judgment for damages and costs.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §726. No abatement by death

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§726. No abatement by death

No complaint for so flowing lands or diverting water abates by the death of any party thereto; but it may be prosecuted or defended by the surviving plaintiffs or defendants, or the executors or administrators of the deceased.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §727. If complaint abates, rights preserved by new complaint

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§727. If complaint abates, rights preserved by new complaint

If such complaint is abated or defeated for want of form, or if, after a verdict for the plaintiff, judgment is reversed, he may bring a new complaint at any time within one year thereafter and thereon recover the damages sustained during the 3 years preceding the institution of the first complaint, or at any time afterwards.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §728. Compensation of commissioners; costs

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 1: ERECTION AND FLOWAGE RIGHTS
Subarticle 3: Action for Damages

§728. Compensation of commissioners; costs

The court shall award a suitable compensation to be paid to the commissioners, and taxed and recovered by the prevailing party. The prevailing party recovers costs, except where it is otherwise expressly provided.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §771. Flowage rights not affected

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 2: PROTECTION OF WAYS FROM OVERFLOW

§771. Flowage rights not affected

Nothing in sections 772 to 776 affects any right of flowage or damage therefor.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §772. Petition to raise ways and enlarge water vents

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 2: PROTECTION OF WAYS FROM OVERFLOW

§772. Petition to raise ways and enlarge water vents

When the owners of mills carried by the water of a stream, or the owners of water power for operating mills, find or apprehend that the necessary head of water for working or reservoir purposes cannot be obtained, or when their existing rights in respect to the same cannot be exercised without overflowing some highway or town way, they may petition the county commissioners for permission to raise such ways and to enlarge the water vent thereof. Such commissioners shall appoint a time and place for a hearing on the petition and give notice thereof to all parties interested as provided in Title 23, section 2052, and such notice may be proved in the manner therein provided.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §773. Proceedings of commissioners

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 2: PROTECTION OF WAYS FROM OVERFLOW

§773. Proceedings of commissioners

On the day appointed, the county commissioners shall meet, examine the premises described in the petition and hear the parties present, and thereupon they shall determine whether said ways shall be raised and the water vents enlarged and to what extent, and shall prescribe the manner in which it shall be done, and what portion of the expenses thereof and the costs of the hearing shall be borne by the petitioners, and what portion, if any, by the town where the way is located.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §774. Alterations to be made

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 2: PROTECTION OF WAYS FROM OVERFLOW

§774. Alterations to be made

If the decision is in favor of the plaintiffs, said commissioners shall direct the town, in writing, to make the alterations prescribed and fix the time within which the same shall be done, and if not done within the time fixed, the same may be done by the plaintiffs. Whether by the town or by the plaintiffs, it shall be done in a faithful manner and to the acceptance of the commissioners. Whichever party makes said alterations has a claim upon the other for the proportion fixed by the commissioners for said other party to pay, and if it is not paid within 30 days after its approval by said commissioners and a demand therefor, it may be recovered in a civil action.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §775. Costs

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 2: PROTECTION OF WAYS FROM OVERFLOW

§775. Costs

If the decision of the county commissioners is against the plaintiffs, they shall pay the costs of the hearing, taxed as in other cases before county commissioners.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §776. Appeals

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 2: PROTECTION OF WAYS FROM OVERFLOW

§776. Appeals

Any party aggrieved may appeal from the decision of said commissioners in the same manner and subject to the same conditions as in case of highways.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §811. Appointment of engineer; duties (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3: INSPECTION OF DAMS AND RESERVOIRS

§811. Appointment of engineer; duties (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §812. Correction of unsafe conditions (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3: INSPECTION OF DAMS AND RESERVOIRS

§812. Correction of unsafe conditions (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §813. Compensation of engineer (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3: INSPECTION OF DAMS AND RESERVOIRS

§813. Compensation of engineer (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §814. Utilization of other state agency resources (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3: INSPECTION OF DAMS AND RESERVOIRS

§814. Utilization of other state agency resources (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §815-A. Report on transfer of functions (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))

§815-A. Report on transfer of functions (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §815. Short title

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))

§815. Short title

This article shall be known and may be cited as the "Maine Dam Registration, Abandonment and Water Level Act." [1989, c. 545, §3 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §816. Legislative findings and purpose (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))

§816. Legislative findings and purpose (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §817. Definitions

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))

§817. Definitions

As used in this Article, unless the context otherwise indicates, the following terms have the following meanings. [1983, c. 417, § 6 (new).]

1. Board. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §191 (rp).]

2. Commissioner. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §191 (rp).]

3. Dam. "Dam" means any man-made artificial barrier, including appurtenant works, the site on which it is located and appurtenant rights of flowage and access, which impounds or diverts a river, stream or great pond and which is 2 feet or more in height and has an impounding capacity at maximum water storage elevation of 15 acre-feet or more. Any such artificial barrier constructed solely for the purpose of impounding water to allow timber to be floated downstream in a logging operation shall not be considered a dam for the purposes of this article, unless it has been repaired, modified or maintained by or with the knowledge of the owner, lessee or person in control since the discontinuance of its use in connection with logging operations. Any adjacent property, easements, roads, bridges or works not necessary for the operation or maintenance of a dam or access to the dam shall not be included under the provisions of this article. [1987, c. 118, § 1 (amd).]

4. Department. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §191 (rp).]

5. Height. "Height" means, in reference to a dam, the vertical distance in feet from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum capable water storage elevation. [1983, c. 417, § 6 (new).]

6. Littoral proprietor. "Littoral proprietor" means an owner or lessee of property on the shore of a lake impounded by a particular dam. [1983, c. 417, § 6 (new).]

7. Person. "Person" means any individual, firm, association, partnership, corporation, trust, municipality, quasi-municipal corporation, state agency, federal agency or other legal entity. [1983, c. 417, § 6 (new).]

8. Public safety. [1989, c. 545, §7 (rp).]

9. Riparian proprietor. "Riparian proprietor" means an owner or lessee of property on the bank of a river or stream or shore of a pond or other small body of water impounded by a particular dam. [1983, c. 417, § 6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §818. Miscellaneous

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))

§818. Miscellaneous

1. Other laws. Except as specifically provided in this Article, nothing in this Article shall be construed as relieving any person from duties, responsibilities or liabilities imposed by any other statute, regulation, municipal ordinance or any rule of law. [1983, c. 417, §6 (new).]

2. Rights of others. Except as specifically provided in this Article, nothing in this Article shall be construed as denying any person any rights he may have under any other statute, regulation, municipal ordinance or any rule of law. [1983, c. 417, §6 (new).]

3. Other powers. No provision of this article may be construed as limiting the powers of the Maine Emergency Management Agency under Title 37-B, chapter 24. [2001, c. 460, §4 (amd).]

4. Damages. No action may be brought against the State, the board, the commissioner or their agents or employees for the recovery of damages caused by any order of the board or commissioner or by the partial or total failure of any dam or through the operation of any dam upon the ground that the State, the board, the commissioner or their agents or employees are liable by virtue of any order or determination of the board or commissioner. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §192 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §820. Jurisdiction (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 1: Inspection (HEADING: PL 1989, c. 545, @8 (rp))

§820. Jurisdiction (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §821. Inspection of dams (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 1: Inspection (HEADING: PL 1989, c. 545, @8 (rp))

§821. Inspection of dams (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §822. Inspection petition and order (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 1: Inspection (HEADING: PL 1989, c. 545, @8 (rp))

§822. Inspection petition and order (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §823. Formal inspection and hearing; decision (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 1: Inspection (HEADING: PL 1989, c. 545, @8 (rp))

§823. Formal inspection and hearing; decision (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §824. Informal inspection (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 1: Inspection (HEADING: PL 1989, c. 545, @8 (rp))

§824. Informal inspection (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §825. Access and notification (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 1: Inspection (HEADING: PL 1989, c. 545, @8 (rp))

§825. Access and notification (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §826. Reimbursement for inspection expenses (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 1: Inspection (HEADING: PL 1989, c. 545, @8 (rp))

§826. Reimbursement for inspection expenses (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §827. Utilization of other state agency resources (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 1: Inspection (HEADING: PL 1989, c. 545, @8 (rp))

§827. Utilization of other state agency resources (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §828. Regulations (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 1: Inspection (HEADING: PL 1989, c. 545, @8 (rp))

§828. Regulations (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §829. Transitional provisions (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 1: Inspection (HEADING: PL 1989, c. 545, @8 (rp))

§829. Transitional provisions (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §830. Registration of ownership (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 2: Registration

§830. Registration of ownership (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §831. Notice of transfer or destruction (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 2: Registration

§831. Notice of transfer or destruction (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §835. Abandonment (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 3: Abandonment

§835. Abandonment (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §836. Authorized abandonment (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 3: Abandonment

§836. Authorized abandonment (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §837. Awards of new ownership (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 3: Abandonment

§837. Awards of new ownership (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §840. Establishment of water levels

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 4: Water Levels

§840. Establishment of water levels

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:

A. Operating with a license or exemption issued by the Federal Energy Regulatory Commission or determined by the Federal Energy Regulatory Commission to be subject to the jurisdiction of that commission; [1995, c. 630, §2 (amd).]

B. [1995, c. 630, §2 (rp).]

C. [1995, c. 630, §2 (rp).]

D. Operating with a permit setting water levels issued under the protection of natural resources laws, sections 480-A to 480-S; the site location of development laws, sections 481 to 490; the small hydroelectric generating facilities laws, sections 631 to 636; the land use regulation laws, Title 12, sections 681 to 689; or any other statute regulating the construction or operation of dams; [1995, c. 630, §2 (amd).]

E. A dam regulated by one or more municipalities by ordinance or interlocal agreement pursuant to Title 30-A, chapter 187, subchapter VI; or [1995, c. 630, §2 (amd).]

F. Regulated by the International Joint Commission. [1995, c. 630, §2 (new).]

Notwithstanding the provisions of this subsection, after an order establishing a water level regime or minimum flow requirement has been issued pursuant to this section or former Title 12, section 304, the commissioner is not required to hold a hearing to establish a new water level regime or minimum flow requirement for the same body of water in response to a petition from littoral or riparian proprietors unless the commissioner determines that there has been a substantial change in conditions or other circumstances materially affecting the impact of water levels and minimum flows on the public and private resources identified in subsection 4 since the order was issued. [1999, c. 243, §20 (amd).]

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. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §198 (amd).]

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. [1983, c. 417, §6 (new).]

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:

A. The water levels necessary to maintain the public rights of access to and use of the water for navigation, fishing, fowling, recreation and other lawful public uses; [1983, c. 417, §6 (new).]

B. The water levels necessary to protect the safety of the littoral or riparian proprietors and the public; [1983, c. 417, §6 (new).]

C. The water levels and minimum flow requirements necessary for the maintenance of fish and wildlife habitat and water quality; [1989, c. 323, §2 (amd).]

D. The water levels necessary to prevent the excessive erosion of shorelines; [1983, c. 417, §6 (new).]

E. The water levels necessary to accommodate precipitation and run off of waters; [1983, c. 417, §6 (new).]

F. The water levels necessary to maintain public and private water supplies; [1983, c. 417, §6 (new).]

G. The water levels and flows necessary for any ongoing use of the dam to generate or to enhance the downstream generation of hydroelectric or hydromechanical power; and [1983, c. 417, §6 (new).]

H. The water levels necessary to provide flows from any dam on the body of water to maintain public access and use, fish propagation and fish passage facilities, fish and wildlife habitat and water quality downstream of the body of water. [1983, c. 417, §6 (new).]

[1989, c. 323, §2 (amd); c. 890, Pt. A, §40 (aff); Pt. B, §199 (amd).]

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. [1989, c. 323, §3 (amd); c. 890, Pt. A, §40 (aff); Pt. B, §200 (amd).]

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. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §201 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §841. Maintenance of dams

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 4: Water Levels

§841. Maintenance of dams

1. Prohibition. After issuance of an order under section 840, subsection 5, establishing a water level regime for any body of water, no owner, lessee or person in control of any dam impounding the body of water, nor any subsequent transferee, may operate or maintain the dam or cause or permit the dam to be operated or maintained in any manner that will cause the level of water to be higher or lower than that permitted by order of the board or commissioner or to otherwise violate the terms of the order of the board or commissioner. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §202 (amd).]

2. Exception. An owner, lessee or person in control of a dam may not be in violation of subsection 1 when the water level fluctuation not permitted by the order was caused by unforeseeable and unpredictable meteorological conditions or operating failures of the dam or any associated equipment or by valid order of federal, state or local authorities, including an order issued pursuant to Title 37-B, section 1114, subsection 2, and when the person could not have avoided the fluctuation by promptly undertaking all reasonably available steps to regulate water flow through or over any dam under the person's control. The burden of proof is on the owner, lessee or person in control of the dam to demonstrate the applicability of this subsection. [2001, c. 460, §5 (amd).]

3. Enforcement. The commissioner or any littoral or riparian proprietor may commence an action to enjoin the violation of any provision of this subarticle. The commissioner may enforce any order issued under section 840, subsection 5 or subsection 6 by any other appropriate remedy, including, but not limited to, entering the dam premises to carry out the terms of the order. The violation of any order issued under section 840, subsection 5 or subsection 6, is punishable by a forfeiture of not less than $100 and not more than $10,000. Each day of violation is considered a separate offense. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §202 (amd).]

4. Unregistered dam. [1993, c. 370, §11 (rp).]

5. Appeal. Any person aggrieved by an order of the board or commissioner under section 840, subsection 5 or 6 may appeal to the Superior Court under Title 5, chapter 375, subchapter VII. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §202 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §842. Transition provision

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 4: Water Levels

§842. Transition provision

All orders of the State Soil and Water Conservation Commission or the Commissioner of Agriculture, Food and Rural Resources issued under former Title 12, section 304 continue in effect and must be enforced by the commissioner until they expire or are rescinded or amended under this subarticle. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §203 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §843. Municipal authority

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 4: Water Levels

§843. Municipal authority

The commissioner shall review an ordinance submitted pursuant to Title 30-A, chapter 187, subchapter VI for consistency with this article. If the commissioner determines that the ordinance includes all substantive provisions of this article and includes all provisions required by Title 30-A, chapter 187, subchapter VI, the commissioner shall approve that municipality for authority to establish water level regimes and minimum flow requirements for impoundments and dams. [1993, c. 370, §12 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §844. Dam Repair and Reconstruction Fund (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 3-A: DAM REGISTRATION AND ABANDONMENT (HEADING: PL 1989, c. 545, @2 (rpr))
Subarticle 4: Water Levels

§844. Dam Repair and Reconstruction Fund (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §851. Meeting of mill owners; call; object

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 4: MILLS AND THEIR REPAIR

§851. Meeting of mill owners; call; object

When an owner of a mill or of the dam necessary for working the mill thinks it necessary to rebuild or repair it in whole or in part, the owner may apply in writing to a notary public in the county where the mill is situated, or if partly in 2 counties, to a notary public in either, to call a meeting of the owners, stating the object, time and place of the meeting. The notary may issue a warrant for the purpose, directed to the owner, which must be published in some newspaper printed in the county, if any, 3 weeks successively, the last publication to be not less than 10 nor more than 30 days before the meeting; or a true copy of the warrant may be delivered to each of said owners or left at the owner's last known address; and either notice is binding on all the owners. [1995, c. 227, §4 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §852. Owners of 50% or more may repair or rebuild

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 4: MILLS AND THEIR REPAIR

§852. Owners of 50% or more may repair or rebuild

At such meeting, whether all the owners attend or not, the owners in interest of at least 12 of such mill or dam may rebuild or repair so far as to make them serviceable; and shall be reimbursed out of said mill or its profits what they advanced therefor beyond their proportions, with interest in the meantime.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §853. Reimbursement

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 4: MILLS AND THEIR REPAIR

§853. Reimbursement

If they are not reimbursed by the profits of the mill or paid by the other owners within 6 months after the work is completed, they may charge 1% a month on the amount advanced, from the end of 6 months until so reimbursed. If a delinquent owner dies or alienates his interest in the premises, the advancing owners have a continuing lien thereon for reimbursement. No special contract made by the owners respecting the building or repair of such mill or dam is hereby affected.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §854. Minors and persons with qualified interests

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 4: MILLS AND THEIR REPAIR

§854. Minors and persons with qualified interests

Where any part of such mill or dam at the time of meeting and notice is owned by minors, tenants by curtesy, in tail, for life or years, or by mortgagor or mortgagee, the guardians of such minors, such tenant, mortgagor or mortgagee shall be deemed, for the purposes of sections 851 to 892, the proprietors thereof, and shall be notified, vote and contribute accordingly. All advances so made by them, if not paid, may be recovered in a civil action, with interest.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §891. Scales for weighing grain; order of grinding

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 5: GRIST MILLS

§891. Scales for weighing grain; order of grinding

The owner or occupant of every grist mill shall keep scales and weights therein to weigh corn, grain and meal, when required. He shall well and sufficiently grind as required, according to the nature, capacity and condition of his mill, all grain brought to his mill for that purpose and in the order in which it shall be received. For neglecting or refusing to weigh the same when required, or failing to grind the same in the order received, or for taking more than lawful toll, he commits a civil violation for which a forfeiture of not less than $10 nor more than $50 shall be adjudged for each violation. This section shall not be so construed as to preclude the right of any owner or occupant of any mill to enter into any mutual agreement with any customer or customers as to the order in which the grain of such customers shall be received and ground, made at the time said customer or customers shall bring his or their grain to the mill for the purpose of being ground. [1977, c. 696, § 346 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §892. Tolls

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 5: GRIST MILLS

§892. Tolls

The toll for grinding, cleansing and bolting all kinds of grain shall not exceed 116 part thereof.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §901. Petition for release; public notice

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE (HEADING: PL 1995, c. 630, @3 (new))

§901. Petition for release; public notice

1. Petition. The owner of a dam that is not licensed or exempted from licensure by the Federal Energy Regulatory Commission may petition the department to initiate proceedings for release from dam ownership or water-level maintenance under this article. The petition must include the following information:

A. The name, address and phone number of the dam owner; [1995, c. 630, §3 (new).]

B. The location of the dam; [1995, c. 630, §3 (new).]

C. A plan of the dam and brief descriptions of the condition of the dam and recent operation of the dam; and [1995, c. 630, §3 (new).]

D. Any other reasonable information the department determines necessary to implement this article. [1995, c. 630, §3 (new).]

The department shall notify the owner within 15 days of receipt of the petition if the department determines that the petition does not comply with the requirements of this section. If notice is not sent within 15 days, the petition is deemed to comply. [1995, c. 630, §3 (new).]

2. Public notice. Not more than 30 days before filing a petition, the dam owner shall publish notice of intent to file a petition under this article at least once in a newspaper circulated in the area in which the dam and impoundment are located. The dam owner shall notify by certified mail the persons listed in section 902, subsection 3, paragraphs B, C and D. The dam owner shall notify abutting property owners as provided in subsection 3. The dam owner shall also make a good faith effort to notify local, regional and statewide private organizations interested in fisheries, wildlife, conservation, recreation and environmental issues whose interests may be affected by the dam. [1995, c. 630, §3 (new).]

3. Notice to property owners. The dam owner shall send notice of the intent to file a petition by first class mail to persons who own property abutting the dam site, water impounded by the dam or waterways immediately downstream from the dam. If the dam owner chooses to meet the obligation to consult with property owners by holding a public meeting, as described in section 902, subsection 1, the dam owner shall include notice of the public meeting in the notice provided pursuant to this subsection. [1995, c. 630, §3 (new).]
div>
The dam owner may request that a municipality send the required notice, but the dam owner is responsible for providing the notice if the municipality fails to do so. At the request of a dam owner, a municipality shall send notice of a petition filed under this article by first class mail to persons who own property in that municipality and who must be notified as provided in this subsection. The dam owner shall provide a sufficient number of copies of the notice to the municipality and shall reimburse the municipality for all costs incurred in providing the notice. County commissioners and tribal governments have the same obligation as municipalities under this subsection to send notice to persons who own property within their respective jurisdictions. [1995, c. 630, §3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §902. Consultation process

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE (HEADING: PL 1995, c. 630, @3 (new))

§902. Consultation process

1. Consultation required. Within 180 days of filing a petition pursuant to section 901, a dam owner shall consult with the persons and entities listed in subsection 3 to determine whether any of them wish to assume ownership of the dam. During consultation with each person or group of persons, the owner shall explain the process set forth in this article and shall inform the person or group that the department may issue an order requiring release of the water impounded by the dam if a new owner is not located. A dam owner may meet the obligation to consult with property owners by holding a public meeting and consulting with the persons who appear at that meeting, as long as notice has been sent to each property owner as required in section 901. [1995, c. 630, §3 (new).]

1-A. Extension of consultation period. The consultation period under subsection 1 must be extended for an additional 180 days if:

A. A municipality in which the dam or impoundment is located applies to the department for an extension and demonstrates that the municipality needs additional consultation time to facilitate an agreement for municipal ownership of the dam; or [1997, c. 789, §1 (new); §5 (aff).]

B. The dam owner applies to the department for an extension. [1997, c. 789, §1 (new); §5 (aff).]

The consulation period under subsection 1 may not be extended for more than 180 days regardless of the number of applications for extension under this subsection. [1997, c. 789, §1 (new); §5 (aff).]

2. Timing of consultation. Consultation prior to the filing of a petition meets the requirements of subsection 1 only if the dam owner, during the consultation, disclosed an intent to file a petition under this article and provided the information required in subsection 1. [1995, c. 630, §3 (new).]

3. Parties to consultation. The following persons must be consulted as provided in subsection 1:

A. Individuals and groups of persons, such as lake associations, who own property abutting the dam site, the water impounded by the dam or the waterway immediately downstream from the dam; [1995, c. 630, §3 (new).]

B. The Commissioner of Inland Fisheries and Wildlife, the Commissioner of Conservation and the Director of the Maine Emergency Management Agency; [1995, c. 630, §3 (new).]

C. The municipal officers of any municipality and the county commissioners of any unorganized area in which the dam or impoundment is located; and [1995, c. 630, §3 (new).]

D. Representatives of the tribal governments of Indian tribes or nations in whose territory a dam or impoundment is located. [1995, c. 630, §3 (new).]

[1995, c. 630, §3 (new).]

4. Report on notice compliance. The dam owner shall file a report with the department within 180 days of filing a petition that includes:

A. Evidence that the owner complied with the notice requirements set forth in section 901; and [1997, c. 789, §2 (amd); §5 (aff).]

B. Names and addresses of persons notified under section 901. [1997, c. 789, §2 (amd); §5 (aff).]

C. [1997, c. 789, §2 (rp); §5 (aff).]

[1997, c. 789, §2 (amd); §5 (aff).]

4-A. Report on consultation process. The dam owner shall file a report with the department within 180 days of filing a petition or before the conclusion of an extension to the consultation period granted pursuant to subsection 1-A that includes:

A. Names and addresses of parties consulted in accordance with this section; and [1997, c. 789, §3 (new); §5 (aff).]

B. The results of the consultations and whether a new owner has been located. [1997, c. 789, §3 (new); §5 (aff).]

[RR 1997, c. 2, §64 (cor).]

5. Evaluation of report. If the department determines, after reviewing the report, that the dam owner has not complied with the requirements of section 901 or this section, the department shall allow the dam owner a reasonable period of time to correct the deficiency. The department shall reject the petition if:

A. The deficiency has not been corrected within the specified time period; or [1995, c. 630, §3 (new).]

B. The department finds that a person was willing to assume ownership of the dam but the dam owner refused to transfer the property because that person refused to pay compensation, other than costs, for the transfer. [1995, c. 630, §3 (new).]

[1995, c. 630, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §903. Assessment of public value of dam

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE (HEADING: PL 1995, c. 630, @3 (new))

§903. Assessment of public value of dam

1. Notification of agencies. If a new owner was not located during the consultation process and the department has not rejected the petition, the department shall immediately notify the Department of Inland Fisheries and Wildlife, the Department of Conservation and the Maine Emergency Management Agency that an assessment of public value for the dam may be required. [1995, c. 630, §3 (new).]

2. Evaluation of fisheries and wildlife value. Within 60 days of receiving notice under subsection 1, the Department of Inland Fisheries and Wildlife shall review the following factors and determine whether the best interest of the public requires that department to assume ownership of the dam:

A. The cost of maintaining the dam; [1995, c. 630, §3 (new).]

B. The value to fisheries and wildlife of maintaining the dam; and [1995, c. 630, §3 (new).]

C. The value to fisheries and wildlife of releasing water from the dam. [1995, c. 630, §3 (new).]

The Department of Inland Fisheries and Wildlife shall notify the department of its determination. If the Department of Inland Fisheries and Wildlife determines, after considering these factors, that the best interest of the public requires it to assume ownership of the dam, the department shall issue an order directing the dam owner to transfer the dam to the Department of Inland Fisheries and Wildlife within a reasonable period of time. If the Department of Inland Fisheries and Wildlife determines that it will not assume ownership, the department shall notify the Department of Conservation. [1995, c. 630, §3 (new).]

3. Evaluation of public recreational value. Within 60 days of receiving notice under subsection 2, the Department of Conservation shall review the following factors and determine whether the best interest of the public requires that department to assume ownership of the dam:

A. The cost of maintaining the dam; [1995, c. 630, §3 (new).]

B. The value to public recreation, conservation and public use of maintaining the dam; and [1995, c. 630, §3 (new).]

C. The value to public recreation, conservation and public use of releasing water from the dam. [1995, c. 630, §3 (new).]

The Department of Conservation shall notify the department of its determination. If the Department of Conservation determines, after considering these factors, that the best interest of the public requires it to assume ownership of the dam, the department shall issue an order directing the dam owner to transfer the property to the Department of Conservation within a reasonable period of time. If the Department of Conservation determines that it will not assume ownership of the dam, the department shall notify the Maine Emergency Management Agency. [1995, c. 630, §3 (new).]

4. Evaluation of public safety value. Within 60 days of receipt of notice under subsection 3, the Maine Emergency Management Agency shall review the following factors and determine whether the best interest of the public requires that agency to assume ownership of the dam:

A. The cost of maintaining the dam; [1995, c. 630, §3 (new).]

B. The value to public safety, particularly flood protection, of maintaining the dam; and [1995, c. 630, §3 (new).]

C. The value to public safety, particularly flood protection, of releasing water from the dam. [1995, c. 630, §3 (new).]

The Maine Emergency Management Agency shall notify the department of its determination. If that agency determines, after considering these factors, that the best interest of the public requires it to assume ownership of the dam, the department shall issue an order directing the dam owner to transfer ownership of the dam to the Maine Emergency Management Agency within a reasonable period of time. [1995, c. 630, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §904. Notice of failure to locate new owner

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE (HEADING: PL 1995, c. 630, @3 (new))

§904. Notice of failure to locate new owner

If a new owner has not been located through the process set forth in sections 902 and 903, the department shall provide notice that a new owner for the dam has not been located and that the department intends to issue an order requiring the dam owner to release water from the dam in accordance with section 905. Notice must be sent by certified mail to each municipality in which the dam and impoundment are located, to county commissioners when the dam and impoundment are located in unorganized territory and to tribal governments when the dam and impoundment are located on tribal territory. The department shall also publish notice of its intent to issue the order at least once in a newspaper circulated in the area in which the dam and impoundment are located. [1995, c. 630, §3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §905. Order for release of water

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE (HEADING: PL 1995, c. 630, @3 (new))

§905. Order for release of water

1. Order. Not earlier than 30 days after providing notice as required in section 904, the department shall issue an order to the dam owner to release water from the dam in a manner that minimizes the impact of the release, including requirements for mitigation as appropriate. If the department receives a petition requesting additional time to negotiate assumption of ownership of the dam and the dam owner agrees, the department may delay issuance of the order for an additional period agreed to by the dam owner and the petitioners. [1995, c. 630, §3 (new).]

2. Impact of order. An order issued under this article does not supersede any property right granted by deed or other legal instrument. An order issued under this article supersedes an order issued under section 840. [1995, c. 630, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §906. Property transfer provisions

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE (HEADING: PL 1995, c. 630, @3 (new))

§906. Property transfer provisions

1. Compensation. A dam owner is not prohibited from requesting compensation for the transfer of a dam pursuant to this article. The department may not issue a water release order pursuant to section 905 to a dam owner who has refused to transfer the dam to a person willing to assume ownership of the dam because that person refused to compensate the dam owner for the property. The department may not refuse to issue the order if the dam owner requested only payment or a share in payment of the costs of transfer. [1995, c. 630, §3 (new).]

2. Property rights transferred. When a dam is transferred pursuant to this article, the dam owner shall transfer all property rights necessary to maintain and operate the dam, to the extent owned by the dam owner. Those property rights include title to the dam and land under the dam, title to equipment and other personal property normally located at the dam site, flowage rights and access rights. [1995, c. 630, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §907. Right to withdraw petition

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE (HEADING: PL 1995, c. 630, @3 (new))

§907. Right to withdraw petition

A dam owner may at any time withdraw a petition filed under this article. [1995, c. 630, §3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §908. Municipal actions on dam ownership

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE (HEADING: PL 1995, c. 630, @3 (new))

§908. Municipal actions on dam ownership

The municipal legislative body, as defined in Title 30-A, section 2001, of any municipality notified pursuant to section 901, subsection 2 must consider and act on the issue of dam ownership at a public meeting. The meeting must be held no later than 60 days after the municipal officers receive notice under section 901. County commissioners notified under section 901 must also hold a public meeting to act on the issue of dam ownership not later than 60 days after receiving notification. [1995, c. 630, §3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §909. Technical assistance

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE (HEADING: PL 1995, c. 630, @3 (new))

§909. Technical assistance

To the extent existing resources are available, when one or more municipalities seeks ownership of a dam, the State Planning Office may provide grants and technical assistance to the participating municipality or municipalities or to regional planning organizations. [1997, c. 789, §4 (new); §5 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §931. Creation; right to flow land; damages

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 2: WATER STORAGE RESERVOIRS

§931. Creation; right to flow land; damages

Any person, firm or corporation which may be entitled to the rights and benefits provided for in this chapter is authorized and empowered to build, maintain and operate dams and other necessary works and structures, including side dams, embankments, ditches and drains, on lands owned or leased by them for the purpose of creating and maintaining water storage reservoirs or basins; to raise the level of the waters in such storage reservoirs or basins by augmenting the supply of stored water from sources other than the natural drainage area by means of pumping or otherwise; to retain and discharge said stored water; to build, maintain and operate pipes, conduits, penstocks, tunnels and canals for the purpose of augmenting and discharging said stored water for use by such persons, firms or corporations for working their water mill or mills. Such persons, firms or corporations are authorized and empowered to flow such lands as may be necessary to carry out the purposes of this section, and damages caused by the flowing of such lands by means of said dams, other works and structures shall be ascertained and determined in the manner as prescribed in this chapter.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §932. Eminent domain; assessment of damages

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 2: WATER STORAGE RESERVOIRS

§932. Eminent domain; assessment of damages

Any person, firm or corporation authorized and empowered to build, maintain and operate pipes, conduits, penstocks, tunnels and canals under section 931 is further authorized and empowered to exercise the right of eminent domain by taking and holding as for public uses in the manner and subject to the limitations prescribed in Title 35-A, section 6502, such lands and rights-of-way as such person, firm or corporation may require for such purposes when the water which will be stored, retained and discharged through the use of such pipes, conduits, penstocks, tunnels and canals will be devoted to public uses. All proceedings relating to damages caused by the building, maintaining and operating of said pipes, conduits, penstocks, tunnels and canals shall be ascertained and determined in the same manner as prescribed in Title 35-A, sections 6503 to 6512. [1987, c. 141, Pt. B, § 37 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §933. Authorization required

Title 38: WATERS AND NAVIGATION
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 2: WATER STORAGE RESERVOIRS

§933. Authorization required

Any person, firm or corporation authorized and empowered to augment stored water by pumping or otherwise under section 931 and acquire by eminent domain for public uses, lands and rights-of-way for pipes, conduits, penstocks, tunnels and canals under section 932 is authorized and empowered to exercise the rights and benefits under this chapter but only when such person, firm or corporation shall have received the necessary authority by legislative Act.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

Usa-maine Law Firm / Lawyers Services Provided in Usa-maine :

Usa-maine Divorce Laws, custody, Usa-maine Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-maine Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-maine Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-maine, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-maine, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-maine Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-maine

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.