§6207-A.__Regulation of surface water use

The Passamaquoddy Tribe has exclusive authority to regulate the use of surface water of ponds surrounded entirely by Passamaquoddy Indian territory as defined in section 6205.__The commission has exclusive authority to regulate the use of surface water of great ponds when at least 10%, but less than 100%, of the shoreline of a pond is within Passamaquoddy Indian territory.

Sec. 3. Effective date; Passamaquoddy Tribe. This Act does not take effect unless within 90 days after adjournment of the Legislature the Secretary of State receives written notification from the Joint Tribal Council of the Passamaquoddy Tribe that that tribe has agreed to the provisions of this Act. Copies of that notification must be submitted by the Secretary of State to the Secretary of the Senate and the Clerk of the House of Representatives. In no event may this Act become effective until 90 days after adjournment of the Legislature.

SUMMARY

This bill proposes to give exclusive authority to regulate surface water use on ponds entirely within Passamaquoddy Indian territory to the Passamaquoddy Tribe and gives the Maine Indian Tribal-State Commission authority over surface water use of great ponds with at least 10%, but not all, of the shoreline within Passamaquoddy Indian territory. This law is subject to ratification by the Joint Tribal Council of the Passamaquoddy Tribe.