Sec. 1. 38 MRSA §464, sub-§9, as amended by PL 1993, c. 344, §2, is repealed.

Sec. 2. 38 MRSA §464, sub-§9-A is enacted to read:

9-A.__Existing hydropower impoundments managed as great ponds; habitat and aquatic life criteria.__The following provisions govern habitat and aquatic life criteria for existing hydropower impoundments managed as great ponds.

A.__For the purposes of water quality certification under the Federal Water Pollution Control Act, Public Law 92-500, Section 401, as amended, and licensing of modifications under section 636, the hydropower project located on the water body referenced in section 467, subsection 7, paragraph C, subparagraph (1), division (b-1), is deemed to have met the habitat characteristics and aquatic life criteria in the existing impoundment if:

(1)__The project is in existence on June 30, 1992;

(2)__The project creates an impoundment that remains classified under section 465-A after June 30, 1992;

(3)__The project creates an impoundment that is subject to water level fluctuations that have an effect on the habitat and aquatic life in the littoral zone so that the habitat and aquatic life differ significantly from that found in an unimpounded great pond; and

(4)__The existing impounded waters are able to support all species of fish indigenous to those waters and the structure and function of the resident biological community in the impounded waters is maintained.

B.__For the purposes of water quality certification under the Federal Water Pollution Control Act, Public Law 92-500, Section 401, as amended, and licensing of modifications under section 636, Ragged Lake, located in the Penobscot River, West Branch drainage, is deemed to have met the habitat characteristics and aquatic life criteria in the existing impoundment if that habitat and aquatic life reflects the effects of annual drawdowns of up to 20 feet.

C.__For the purposes of water quality certification under the Federal Water Pollution Control Act, Public Law 92-500, Section 401, as amended, and licensing of modifications under section 636, Seboomook Lake, located in the Penobscot River, West Branch drainage, is deemed to have met the habitat characteristics and aquatic life criteria in the