| Sec. 1. Water storage reservoirs; rules. Resolved: That the Department of |
Environmental Protection, Board of Environmental Protection shall adopt |
rules under the Maine Revised Statutes, Title 38, section 464, subsection |
5 relating to protocols and procedures for evaluation of the resident |
biological community in water storage reservoirs. In adopting the rules, |
the Board of Environmental Protection shall recognize that water storage |
reservoirs are artificial and are not natural water bodies, and the rules |
must ensure that the existing uses of water storage reservoirs are |
maintained and protected. In issuing licenses, permits and |
certifications prior to final adoption of the rules, the Department of |
Environmental Protection shall recognize that water storage reservoirs |
are artificial and are not natural water bodies and shall ensure that the |
existing uses of water storage reservoirs are maintained and protected. |
The goal of the rules and any license, permit or certification must be to |
require that the structure and function of the resident biological |
community that must be maintained in a water storage reservoir is the |
structure and function that would be expected to exist in a water storage |
reservoir with a drawdown of similar magnitude. As used in this resolve, |
"water storage reservoir" means an impoundment associated with a |
hydropower project, as defined by Title 38, section 632, that was in |
existence prior to November 28, 1975, was not primarily lacustrine in its |
natural state, is classified under Title 38, section 465-A and is managed |
to store and release water on an annual cycle to benefit downstream |
hydropower generation. |