Sec. 1. 38 MRSA §470-H is enacted to read:

§470-H.__Permit for large withdrawals

1.__Permit required.__A person may not withdraw in excess of 50,000 gallons per day from any groundwater or surface water unless the person has a valid permit issued by the department pursuant to this section.

2.__Conditions.__The department may issue a permit under this section only if it determines that the use is reasonable, mitigates negative environmental impacts and does not adversely affect wells and other water supplies.__The department may impose reasonable conditions on the permit, including limitations on amounts of water withdrawn and times when withdrawal is allowed or not allowed and provisions for emergency suspension or revision of the permit.

3.__Transferability.__Permits may be transferred to new users upon approval of the department.

4.__Duration; suspension.__A permit issued pursuant to this section is valid for 5 years, unless the permit is suspended by the department for willful or negligent violation of any conditions of the permit.

5.__Rulemaking.__The department may adopt rules necessary for the implementation of this section.__The rules may include imposition of a fee to cover the costs of providing permits, including any impact studies required by the department.__ Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

SUMMARY

This bill establishes a permit procedure for withdrawals of groundwater or surface water in excess of 50,000 gallons per day under the bill, the Department of Environmental Protection may impose reasonable conditions on the permit and may issue the permit only if the use is reasonable, any negative environmental impacts are mitigated and the use will not adversely affect other water supplies.