WATER IN MAINE - THE LEGAL SETTING

Maine's water law is rooted in the English common-law doctrines of natural use and natural flow for surface waters and absolute dominion for groundwaters. These doctrines developed in Maine at a time when industrial development for activities such as logging, paper mills, and textile factories depended heavily on the flow of a river. For many years, water law in Maine was uncontroversial, partly because of the abundance of water, the state's small population, and the limited industrial base. Some now question the traditional assumption that water is always abundant, citing, for example, increasing development pressure, particularly in the southern part of the state, snow making at ski resorts, and conflicts on small “Downeast” streams that both supply water for agricultural irrigation and provide habitat for endangered Atlantic salmon. In recent times, primarily through statutory and regulatory changes designed to protect the environment, Maine's water law has begun to evolve more quickly as the State attempts to reconcile these sometimes competing interests in its waters. The result is a stringent environmental regulatory system at the State and occasionally municipal levels that protects groundwater and dependent resources while still allowing sustainable withdrawals. This presentation will address the legal framework of water rights and water regulation in Maine, with emphasis on groundwater extraction activities and their impacts on other resources, such as streams and wetlands.