Adding "Agriculture" as a designated use in the water quality standards

In 1986, when the water quality classifications and standards were substantially rewritten, agriculture was not included as a designated use. At the time, water use for irrigation purposes was not in great demand. Over the intervening years, however, Maine agriculture has changed, and we now recognize that agriculture makes important use of our waters.

Section 303(c)(2)(A) of the Federal Clean Water Act identifies agriculture as a desirable use to which water quality standards may be applied. The agriculture use designation defines waters that are suitable for irrigation of crops, consumption by livestock, support of vegetation for range grazing and other uses in support of farming and ranching, and protection of livestock and crops from injury due to irrigation or other exposures. See USEPA Water Quality Standards Handbook. These are clearly practices that take place in Maine.

Through Laws 2003, Chapter 277, "agriculture" was added as a designated use of Maine waters, for each of the water classes specified in the chapter. This addition was supported by the Department of Environmental Protection. As a result of the amendments, the Department of Environmental Protection will be obligated to consider protection of water quality for agriculture along with the other designated uses.

There is no hierarchy among the designated uses provided in either federal or state water quality law. One is not protected before another. Also, adding a new designated use does not “grandfather” any particular user, or type, or amount of use. In the future, changes to specific water quality standards, such as adoption of instream flow criteria, may alter current practices, as long as all existing and designated uses are protected.

[Chapter 227 took effect September 13, 2003.]