Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 587 - IN-STREAM FLOWS AND LAKE AND POND WATER LEVELS
Section 096-587-8 - Flows or water levels established by regulatory permit or water level order

A. Flows and water levels not related to hydropower projects. Flows or water levels may be established as part of any regulatory permit or water level order issued by the Department, the Land Use Regulation Commission, or as authorized by the Cobbossee Watershed District. Flows or water levels established by regulatory permit shall be based on the results of a site-specific flow or water level study, taking into account the need for natural variation of flow and natural variation of water level. Where an existing regulatory permit issued by the Department or the Land Use Regulation Commission establishes flows or water levels prior to the effective date of this chapter, those flows or levels shall continue for the effective period of the permit. In-stream flow and water level requirements in this chapter apply to any subsequent reissuance of a regulatory permit by the Department or the Land Use Regulation Commission. Amendments or modifications to an existing permit which do not alter the manner of use or the amount of the water withdrawal, as stated in the permit, shall not require review under this chapter. A schedule may be assigned in any reissuance of a regulatory permit that will provide a reasonable period of time for compliance with a new flow or water level requirement. In a watershed where flows or water levels have been established by a regulatory permit of the Department or the Land Use Regulation Commission, those flows or levels must be taken into account when calculating downstream flows or levels in accordance with section 7 above, during the effective term of the permit.

B. Hydropower Projects. Flows and water levels for hydropower projects, as defined in 38 M.R.S.A. §632(3) shall be established through the Water Quality Certification process pursuant to Section 401 of the Clean Water Act, 33 U.S.C. §1341, or a permit issued pursuant to the Maine Waterway Development and Conservation Act, 38 M.R.S.A. §630 et seq., and therefore shall not be subject to or established through this Chapter, notwithstanding any other provision in this Chapter.