Water Withdrawal Law Q & A
Why was the Water Reporting Program
started?
Why should I be interested in
this law?
When do I have to report?
Where do I have to report?
What exactly must I report?
Are there forms for me to use?
Can I get help? Who can I talk
to regarding this program?
How do I determine if I need to
report under this program?
Aren't there any exemptions from
reporting?
What if I am just taking water
from a stream during high flows to fill my existing irrigation pond?
Do I have to report all my water use from my pond, or just the use
from the stream?
Annual Agricultural Water
Report to the legislature. Available here
as a PDF file.
Other Helpful Resources
Why was the Water Reporting Program started?
The Legislature passed a law last year to require certain farmers to
report their yearly water use. A number of agencies and environmental
groups are concerned that certain watersheds may be in danger of being
dewatered during drought conditions. This factsheet will help you determine
whether you must report your use, and contains information on how to
report.
Why should I be interested in this law?
If you need water for irrigation and for large animal operations, you
need to protect the sources of water you currently use. This program
may help you determine if you and others that are using the same source
have a combined withdrawal that might lead to excessive draw down of
your water source.
When do I have to report?
By December 1 of every year.
Where do I have to report?
Report to the Maine Department of Agriculture at this address: Agricultural
Water Management Program Manager, Division of Market and Production Development,
28 State House Station, Augusta, ME 04333-0028.
What exactly must I report?
You must report your actual water use per week, and the largest amount
of water you used or anticipated to use in those weeks, for the period
October 1 to September 30 every year.
Are there forms for me to use?
Yes. You can report your water use with our online webform or download
a PDF (right click, save as) version to fill out by hand.
Can I get help? Who can I talk to regarding
this program?
Contact John Harker, Agricultural Water Use Program Manager,
Maine Department of Agriculture, 207-287-7620 or e-mail john.harker@maine.gov.
How do I determine if I need to report
under this program?
You need to report if, in any one day in the year, you are withdrawing
more than the following amounts in either one of the following situations:
(If you are unsure, call or email the contact at the end of this factsheet)
- 20,000 gallons of water per day from a river, stream or brook;
- 20,000 gallons of water per day from a well that is within 500 feet
of a river, stream or brook;
- One percent of the estimated low-flow volume of water to occur for
7 days once in 10 years based on historical flows on rivers, streams
or brooks with adequate record of guage data on watersheds that exceed
75 square miles;
- One percent of the estimated low-flow volume of water to occur for
7 days once in 10 years based on an estimated low-flow value below
a dam where the flow is limited by gate settings or leakage on watersheds
that exceed 75 square miles; or
- A volume calculated using the formula V=168.031 times A to 1.1 power,
where V is the volume in gallons per day and A is the watershed area
in square miles on watersheds that exceed 75 square miles.
- For a volume greater than listed below for the size of pond or lake;
or for a volume greater than listed below from a groundwater well within
500 feet of a lake or pond:
Gallons per week used... |
And lake area is... |
| 30,000 gallons per week |
less than 10 acre pond or lake |
| 100,000 gallons |
10-30 acre |
| 300,000 gallons |
31-100 acre |
| 1,000,000 gallons |
101-300 acre |
| 3,000,000 gallons |
301-1000 acre |
| 10,000,000 gallons |
1001-3000 acre |
| 30,000,000 gallons |
3001-10,000 acre |
- 50,000 gallons from a groundwater well further than 500 feet from
a river, stream, lake or pond.
back to top
Are there any exemptions from reporting?
Yes! The exemptions are listed in the table below. Remember,
if you do not withdraw the threshold amounts listed above, YOU DO NOT
HAVE TO REPORT. The following are additional exemptions from reporting.
The first does not require any reporting. The last three require a notice
to DEP (downloadable here),
but no water use reporting.
| |
Exemption |
Special Instructions |
| 1 |
If the pond was constructed in the past for crop irrigation or
other uses and does NOT have a river, stream or brook as an inlet
or outlet to the pond. |
You should check the definition of a river, stream or brook to
make sure you do not have one entering or exiting your pond (See
resources below). If not, YOU DO NOT HAVE TO REPORT. |
| 2 |
If you already report your use in an existing permit. |
You must file a notice of intent to be covered under this exemption
with the Department of Environmental Protection using their form. |
| 3 |
If the pond was constructed in a stream and is subject to a minimum
flow release in an existing permit. |
The water user must file a notice of intent to be covered by this
exemption on a form to be provided by the Department of Environmental
Protection. |
| 4 |
A water withdrawal is reported to any other state agency under
any program requiring similar data. |
Just report to that Agency. This is not truly an exemption, but
prevents duplication of reporting. |
What if I am just taking water from
a stream during high flows to fill my existing irrigation pond? Do I
have to report all my water use from my pond, or just the use from the
stream?
You only have to report the use from the stream. For example,
if you take from the stream three times during the year, then report
the amount taken each time. Do not report the use of the water from your
pond.
Other Resources
If you are interested in the definition of a Stream, River Brook or
Great Pond, go here:
http://janus.state.me.us/legis/statutes/38/title38sec480-B.html
If you are interested in finding your farm source location on a map,
go here: To Purchase USGS Maps:
http://mapping.usgs.gov/
To find a map to use directly off the internet:
http://www.topozone.com/,
or http://www.terraserver.microsoft.com.
