C.M.R. 06, 096, ch. 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS

SUMMARY: This Chapter establishes river and stream flows and lake and pond water levels to protect natural aquatic life and other designated uses in Maine's waters. Instream flow requirements for Class AA, A, B, and C waters are based on natural flows that occur in Maine waters, and the uses and characteristics assigned by the water quality classification program ( 38 M.R.S.A. Sections464, 465 ) with attention given to protecting the outstanding natural resources associated with Class AA waters. Flow is managed to provide natural variation of flow described by seasonal aquatic base flows, or other seasonally variable flows, shown to protect aquatic life resources and water quality standards. Water level requirements for Class GPA waters take into account natural variation of water levels that occur in Maine lakes and ponds, and the uses and characteristics assigned by the water quality classification program ( 38 M.R.S.A. Sections464, 465-A ). Water level is managed to provide variation that takes into account expected seasonal levels shown to protect aquatic resources and other water quality standards of Class GPA and downstream waters. Instream flows and water levels may be established by 3 methods: (1) standard allowable alteration, (2) by a site-specific flow designation developed through an Alternative Water Flow or Alternative Water Level, or (3) as part of a new or existing regulatory permit.A water use which fails to comply with the requirements of these rules is subject to penalties pursuant to Title 38, Section 349.