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An Act To Reclassify Certain Waters of the State
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §467, sub-§1, ¶D, as amended by PL 2009, c. 163, §2, is further amended to read:
 
D. Androscoggin River, minor tributaries - Class B unless otherwise specified.
 
(1) All tributaries of the Androscoggin River that enter between the Maine-New Hampshire boundary in Gilead and its confluence with, and including, the Ellis River and that are not otherwise classified - Class A.
 
(2) Bear River - Class AA.
 
(3) Sabattus River from Sabattus Lake to limits of the Lisbon urban area - Class C.
 
(4) Webb River - Class A.
 
(5) Swift River, and its tributaries, above the Mexico-Rumford boundary - Class A.
 
(6) Nezinscot River, east and west branches above their confluence in Buckfield - Class A.
 
(7) Wild River in Gilead, Batchelders Grant - Class AA.
 
(8) Aunt Hannah Brook and its tributaries in Dixfield - Class A.
 
(9) Tributaries to Webb Lake - Class A.
Sec. 2. 38 MRSA §467, sub-§4, ¶I, as amended by PL 2009, c. 163, §4, is further amended to read:
 
I. Kennebec River, minor tributaries - Class B unless otherwise specified.
 
(1) All minor tributaries entering above Wyman Dam that are not otherwise classified - Class A.
 
(2) All tidal portions of tributaries entering between the Sidney-Vassalboro-Augusta town line and a line drawn across the tidal estuary of the Kennebec River due east of Abagadasset Point - Class B, unless otherwise specified.
 
(a) Eastern River from head of tide to its confluence with the Kennebec River - Class C.
 
(3) Cold Stream, West Forks Plantation - Class AA.
 
(4) Moxie Stream, Moxie Gore, below a point located 1,000 feet downstream of the Moxie Pond dam - Class AA.
 
(5) Austin Stream and its tributaries above the highway bridge of Route 201 in the Town of Bingham - Class A.
 
(6) East Branch Wesserunsett Stream above the downstream Route 150, Harmony Road, crossing in Athens - Class A.
 
(7) Tributaries to East Branch Wesserunsett Stream - Class A.
Sec. 3. 38 MRSA §467, sub-§7, ¶A, as amended by PL 2003, c. 317, §12, is further amended to read:
 
A. Penobscot River, main stem.
 
(1) From the confluence of the East Branch and the West Branch to the confluence of the Mattawamkeag River, including all impoundments - Class CB.
 
(2) From the confluence of the Mattawamkeag River to the confluence of Cambolasse Stream - Class B.
 
(3) From the confluence of Cambolasse Stream to the West Enfield Dam - Class B.
 
(5) From the West Enfield Dam, including the Stillwater Branch, to the VeazieMilford Dam, including all impoundments - Class B.
 
(6) From the VeazieMilford Dam, but not including the VeazieMilford Dam, to the Maine Central Railroad bridge in Bangor-Brewer - Class B. Further, the Legislature finds that the free-flowing habitat of this river segment provides irreplaceable social and economic benefits and that this use must be maintained.
 
(7) From the Maine Central Railroad bridge in Bangor to a line extended in an east-west direction from a point 1.25 miles upstream of the confluence of Reeds Brook in Hampden - Class B. Further, the Legislature finds that the free-flowing habitat of this river segment provides irreplaceable social and economic benefits and that this use must be maintained.
Sec. 4. 38 MRSA §467, sub-§7, ¶B, as repealed and replaced by PL 1989, c. 764, §7, is amended to read:
 
B. Penobscot River, East Branch Drainage.
 
(1) East Branch of the Penobscot River, main stem.
 
(a) Above its confluence with Grand Lake Mattagamon - Class A.
 
(b) From the dam at the outlet of Grand Lake Mattagamon to a point located 1,000 feet downstream from the dam - Class A.
 
(c) From a point located 1,000 feet downstream from the dam at the outlet of Grand Lake Mattagamon to its confluence with the West BranchMattaceunk impoundment as it existed on July 14, 1990 - Class AA.
 
(d) From its confluence with the Mattaceunk impoundment as it existed on July 14, 1990 to its confluence with the West Branch - Class B. Further, there may be no new direct discharges to this segment after January 1, 2019.
 
(2) East Branch of the Penobscot River, tributaries - Class A unless otherwise specified.
 
(a) All tributaries, any portion of which is located within the boundaries of Baxter State Park - Class AA.
 
(b) Sawtelle Brook, from a point located 1,000 feet downstream from the dam at the outlet of Sawtelle Deadwater to its confluence with the Seboeis River - Class AA.
 
(c) Seboeis River, from the outlet of Snowshoe Lake to its confluence with the East Branch - Class AA.
 
(d) Wassataquoik Stream, from the boundary of Baxter State Park to its confluence with the East Branch - Class AA.
 
(e) Webster Brook, from a point located 1,000 feet downstream from the dam at the outlet of Telos Lake to its confluence with Webster Lake - Class AA.
Sec. 5. 38 MRSA §467, sub-§7, ¶C, as amended by PL 2005, c. 159, §3, is further amended to read:
 
C. Penobscot River, West Branch Drainage.
 
(1) West Branch of the Penobscot River, main stem.
 
(a) From the dam at the outlet of Seboomook Lake to a point located 1,000 feet downstream from the dam at the outlet of Seboomook Lake - Class B.
 
(b) From a point located 1,000 feet downstream from the dam at the outlet of Seboomook Lake to its confluence with Chesuncook Lake - Class A.
 
(b-1) From its confluence with Chesuncook Lake to Ripogenus Dam - Class GPA as modified by section 464, subsection 9-A.
 
(c) From Ripogenus Dam through Ripogenus Gorge to the McKay powerhouse - Class B.
 
(d) From the McKay powerhouse to its confluence with Ambajejus Lake - Class A.
 
(e) From the outlet of Elbow Lake to the outlet of Ferguson and Quakish Lakes - Class B.
 
(f) From the outlet of Ferguson and Quakish Lakes to its confluence with the East Branch of the Penobscot River, including all impoundmentsMillinocket Stream - Class C.
 
(g) From the confluence with Millinocket Stream to its confluence with the East Branch of the Penobscot River, including all impoundments - Class B.
 
(2) West Branch of the Penobscot River, tributaries - Class A unless otherwise specified.
 
(a) Those segments of any tributary that are within the boundaries of Baxter State Park - Class AA.
 
(b) Those tributaries above the confluence with the Debsconeag Deadwater, any portion of which is located within the boundaries of Baxter State Park - Class AA.
 
(c) Millinocket Stream, from the railroad bridge near the Millinocket-T.3 Indian Purchase boundary to its confluence with the West Branch Canal - Class B.
 
(d) Millinocket Stream from the confluence of the West Branch Canal to its confluence with the West Branch of the Penobscot River - Class CB.
Sec. 6. 38 MRSA §467, sub-§7, ¶D, as amended by PL 1999, c. 277, §11, is further amended to read:
 
D. Mattawamkeag River Drainage.
 
(1) Mattawamkeag River, main stem.
 
(a) From the confluence of the East Branch and the West Branch to the Kingman-Mattawamkeag boundary - Class A.
 
(b) From the Kingman-Mattawamkeag boundary to its confluence with the Penobscot River - Class AA.
 
(2) Mattawamkeag River, tributaries - Class A unless otherwise specified.
 
(a) East Branch Mattawamkeag River above Red Bridge - Class B.
 
(b) West Branch Mattawamkeag River from Interstate 95 to its confluence with Mattawamkeag Lake - Class B.
 
(c) Fish Stream - Class B.
Sec. 7. 38 MRSA §467, sub-§12, ¶B, as amended by PL 2009, c. 163, §8, is further amended to read:
 
B. Saco River, tributaries, those waters lying within the State - Class B unless otherwise specified.
 
(1) All tributaries entering above the confluence of the Ossipee River lying within the State and not otherwise classified - Class A.
 
(2) Wards Brook (Fryeburg) - Class C.
 
(3) Buff Brook (Waterboro) - Class A.
 
(4) Ossipee River Drainage, those waters lying within the State - Class B unless otherwise specified.
 
(a) Emerson Brook in Parsonsfield - Class A.
 
(b) South River and its tributaries (Parsonsfield), those waters lying within the State - Class A.
 
(5) Back Brook and its tributaries (Limington) - Class A.
Sec. 8. 38 MRSA §467, sub-§15, ¶C, as amended by PL 2017, c. 137, Pt. B, §9, is further amended to read:
 
C. Aroostook River Drainage.
 
(1) Aroostook River, main stem.
 
(a) From the confluence of Millinocket Stream and Munsungan Stream to the Route 11 bridge - Class AA.
 
(b) From the Route 11 bridge to the Sheridan Dam - Class B.
 
(c) From the Sheridan Dam to its confluence with Presque Isle Stream, including all impoundments - Class B.
 
(d) From its confluence with Presque Isle Stream to a point located 3.0 miles upstream of the intake of the Caribou water supply, including all impoundments - Class C.
 
(e) From a point located 3.0 miles upstream of the intake of the Caribou water supply to a point located 100 yards downstream of the intake of the Caribou water supply, including all impoundments - Class B.
 
(f) From a point located 100 yards downstream of the intake of the Caribou water supply to the international boundary, including all impoundments - Class C.
 
(2) Aroostook River, tributaries, those waters lying within the State - Class A unless otherwise specified.
 
(a) All tributaries of the Aroostook River entering below the confluence of the Machias River that are not otherwise classified - Class B.
 
(b) Little Machias River and its tributaries - Class A.
 
(c) Little Madawaska River and its tributaries, including Madawaska Lake tributaries above the Caribou-Connor Township line - Class A.
 
(d) Machias River, from the outlet of Big Machias Lake to the Aroostook River - Class AA.
 
(e) Millinocket Stream, from the outlet of Millinocket Lake to its confluence with Munsungan Stream - Class AA.
 
(f) Munsungan Stream, from the outlet of Little Munsungan Lake to its confluence with Millinocket Stream - Class AA.
 
(g) Presque Isle Stream and its tributaries above the Mapleton-Presque Isle town line - Class A.
 
(h) St. Croix Stream from its confluence with Hall Brook in T.9, R.5, W.E.L.S. to its confluence with the Aroostook River - Class AA.
 
(j) Scopan Stream from the outlet of Scopan Lake to its confluence with the Aroostook River - Class C.
 
(k) Limestone Stream from the Long Road bridge to the Canadian border - Class C.
 
(l) Beaver Brook and its tributaries (T.14 R.6 W.E.L.S., T.14 R.5 W.E.L.S., T.13 R.5 W.E.L.S., Portage Lake, Ashland, Castle Hill) - Class A.
 
(m) Gardner Brook and its tributaries (T.14 R.5 W.E.L.S., T.13 R.5 W.E.L.S., Wade) - Class A.
 
(n) Salmon Brook and its tributaries (Perham, Westmanland) above Route 228 crossing on main stem in Perham - Class A.
 
(o) West Branch Salmon Brook and its tributaries (Wade, Perham, T.14 R.5 W.E.L.S.) above the Washburn-Wade town line - Class A.
Sec. 9. 38 MRSA §468, sub-§2, ¶N, as enacted by PL 2003, c. 317, §20, is amended to read:
 
N. Township 7 Southern Division.
 
(1) Whitten Parritt Stream - Class A.
 
(2) Tributaries to Tunk Stream - Class A.
Sec. 10.  38 MRSA §468, sub-§2, ¶¶O and P  are enacted to read:
 
O.  Sullivan.
 
(1) Tributaries to Tunk Stream - Class A.
 
P.  Township 10 Southern Division.
 
(1) Tunk Stream and its tributaries - Class A.
Sec. 11.  38 MRSA §468, sub-§8, ¶P  is enacted to read:
 
P.  Cherryfield.
 
(1) Tunk Stream and its tributaries - Class A.
 
SUMMARY
This bill updates classifications for certain waters based on water quality data.