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An Act To Prevent Fish Kills and To Allow for Recreational Use of Sebago Lake
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §12760, sub-§10  is enacted to read:
 
10.  Certain lakes, rivers and streams; flow prescribed.     Notwithstanding any other provision of law to the contrary, the owners, lessors, operators or other persons in control of a dam on an outlet of Sebago Lake that controls the level of Sebago Lake and the flows entering the Presumpscot River shall maintain an instantaneous minimum water flow of 250 cubic feet per second through the passageway whenever the water levels of Sebago Lake fall to or below 265 feet mean sea level on or between May 15th and August 1st annually, or 264 feet mean sea level on or between August 2nd and November 1st annually, in order to prevent fish kills and allow for recreational use of public access to Sebago Lake. When the 250 cubic feet per second instantaneous minimum water flow rate is implemented under this section, the owners, lessors, operators or other persons in control of a dam on the outlet of Sebago Lake shall divert an instantaneous minimum water flow of 100 cubic feet per second into any existing bypass to allow the upstream passage of salmon and other resident species from the Presumpscot River.
 
A.  A person who violates this subsection commits a civil violation for which a fine of not less than $500 or more than $1,000 may be adjudged.
 
B.  A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
 
SUMMARY
This bill establishes water flow requirements for a dam and bypass area that controls the water level of Sebago Lake and the flows entering the Presumpscot River to prevent fish kills and to allow for recreational use of public access to Sebago Lake.