Maine Congress of Lake Associations

Land for Maine's
Future Program
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LakeWatch

January 2006

Dear Friends of Maine Lakes,

To keep you informed about Maine Lakes, Maine COLA follows legislative, administrative and other activity affecting lakes and summarizes the information in periodic updates such as this one.

TWO ISSUES OF IMMEDIATE CONCERN:

1) A court challenge to that part of the Natural Resources Protection Act (NRPA) which enables towns to restrict certain types of motor craft on lakes bordering their jurisdiction.

An important case is pending at the District Court level in Liberty, Maine, holds the possibility of overturning all prior restrictions on the use of specific types of motorized craft on Maine lakes.

Mark Haskell, who owns property on Lake St. George, is challenging the constitutionality of one provision of NRPA which enables a town (or towns) bordering a waterbody to ban the use of specific types of motor craft on that lake if a majority of residents vote to do so and if their restriction gains the legislature’s approval. Haskell contends it is unconstitutional to discriminate against one type of watercraft and has vowed to pursue the issue to the state supreme court if he loses in district court.

Maine COLA will file an amicus curiae brief in defense of the statute when the case reaches the Law (or state supreme) Court. Contact Maine COLA if you wish to help with this issue 877-254-2511.

2) Maine COLA supports Messalonskee Lake Association in their request to the Commissioners to close Route 27 to all boat traffic.

The evidence supports closure: 46% of exiting boats carried plants this year, up 11% over 2004, and plant growth in the channel is denser. The risk is unacceptable.

Please read Maine COLA’s letter to the Commissioners and make your views known to them. Thank you!

Environmental Issues in the Legislature:

There are several general environmental initiatives, notably LD 1792, which seeks to limit the amount of mercury which escapes into Maine’s environment by requiring manufacturers to pay a $5 bounty on all recycled thermostats.

Another environmental action is a rule-making proposal to protect significant wildlife habitats, specifically vernal pools, and shore and wading and waterfowl habitats. A bill to place restrictions on the withdrawal of groundwater, LD 1925, has been tabled and will probably not come into play this session.

Lake legislation:

There is one bill to change dam height requirements for the outlet of Phillips Pond in Dedham, and another to restrict the use of personal watercraft (jet skiis) on Colcord and Bickford ponds. Maine COLA will speak in favor of this bill. These bills and others pertaining to lakes which have been assigned LD numbers are listed on the attached spreadsheet.

Land for Maine’s Future:

Voters passed a $10 million dollar bond to fund the Land for Maine’s Future program last fall. Those funds will be depleted by spring of 2006. There are plans to replenish LMF monies, but what the proposal will be and whether it will involve legislation or not isn’t clear now.

LakeWatch Reports:

Look for another LakeWatch report in 3 weeks. In the meantime, please e-mail Maine COLA if you have questions or if you know of someone who would be interested in receiving LakeWatch updates.

If you’re interested in following a particular bill, click on http://janus.state.me.us/legis/lio/ , then tap Bill Status, then Bill Status Search, then enter the bill number (LD number) and click Search.

Best wishes from all of us at Maine COLA,

Maggie

Maggie Shannon, Executive Director
Maine Congress of Lake Associations

P.S. A quick and easy way to find out your legislators’ phone numbers is at
http://janus.state.me.us/house/townlist.htm