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PRIVATE & SPECIAL LAWS
Second Regular Session of the 122nd

CHAPTER 44
S.P. 691 - L.D. 1774

An Act To Improve the Water Quality and Safety of Phillips Lake

     Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, the following legislation is necessary to provide landowners the opportunity to request an adjudicatory hearing to establish a water level regime; and

     Whereas, in order to provide for water level regime proceedings in a timely manner, taking into account the seasonal changes in water flow, it is necessary to begin the water level regime process before the usual date for nonemergency legislation; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. P&SL 2005, c. 17, §1 is amended to read:

     Sec. 1. Lucerne-in-Maine Village Corporation authorized to construct, operate and maintain dam. The Lucerne-in-Maine Village Corporation in the Town of Dedham, Hancock County is authorized to construct, operate and maintain a dam at the outlet at the north end of Phillips Lake in the Town of Dedham. The Unless a water level regime is established by the Commissioner of Environmental Protection pursuant to the Maine Revised Statutes, Title 38, chapter 5, subchapter 1, article 3-A, subarticle 4, the dam, including any flashboards, must be constructed, operated and maintained at no higher than 227 feet above sea level as established by the National Geodetic Survey and at a width that is no less than the current width of the dam.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective March 30, 2006.

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