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An Act to protect the rivers and streams of the Commonwealth. |
Whereas, the policy of the Commonwealth is to protect the physical, chemical and biological integrity of its rivers and their beneficial uses for the citizens of Massachusetts; and
Whereas, adequate stream flows and water levels are necessary for protection and procreation of fish and wildlife; maintenance of aquatic ecosystems, support of recreational activities; preservation of aesthetic values; protection of groundwater and public water supplies; and the reduction of pollution; and
Whereas, it is in the public interest to adopt criteria and regulations to protect and restore stream flows and water levels.
Be it enacted by the Senate and House
of Representatives in General Court assembled, and by the authority of the
same, as follows:
SECTION 1. Policy to protect stream flows and water levels.
Chapter 131 of the General Laws is hereby amended by adding the following new section:
Section 42A. The division shall adopt criteria to protect and restore stream flows, water levels and hydrologic regimes that are protective of natural aquatic life for all inland waters of the commonwealth. Such criteria shall be based on the natural variation of stream flows and water levels adequate to ensure the biological, physical and chemical integrity of these waters.
Within one year of the effective date of this act, the division shall adopt these criteria for all inland waters that support Cold Water Fisheries, as defined in Sections 4.02 or 4.06(7) of 314 CMR 4.00. Within two years of the effective date of this act, the division shall adopt these criteria for all other inland waters of the commonwealth.
SECTION 2. Definition.
Section 2 of Chapter 21G of the General Laws is hereby amended by adding the following definition:-
“Division”, the division of fisheries and wildlife.
SECTION 3: Regulations.
Section 3 of Chapter 21G of the General Laws is amended by inserting, in the sixth paragraph, in line 67, after the phrase “chapter twenty-one”, the following new sentences:-
“Pursuant to chapter thirty A, the department, after consultation with the advisory committee and with the approval of the commission and the division, shall adopt, and thereafter from time to time may amend, regulations establishing criteria for protecting and restoring stream flows, water levels and hydrologic regimes that are protective of natural aquatic life for all waters of the commonwealth and ensuring, where necessary, a balance among competing water withdrawals and uses. These regulations, which shall be based on the criteria set forth by the division pursuant to Section 42A of Chapter 131, shall allow for a balance of uses as well as protection of the water resource itself as described in this section and shall be used in the administration of this chapter. The regulations adopted by the department shall allow for the department to approve, in consultation with the division, water source-specific criteria.”
SECTION 4: Administration.
Within two years of the effective date of this act, the department shall use these regulations for all waters that support Cold Water Fisheries, as defined in Sections 4.02 or 4.06(7) of 314 CMR 4.00. Within three years of the effective date of this act, the department shall use these regulations for all other waters of the commonwealth
SECTION 5. Best Management Practices.
The department, in consultation with the division and the commission, shall develop best management practices for use by state and local agencies, including conservation commissions, addressing any activity that may alter natural stream flows and water levels in waters of the commonwealth so as to ensure that the criteria developed by the department and division to protect and restore the natural stream flows and water levels of waters of the commonwealth are achieved. Such best management practices shall include, but not be limited to instruction regarding natural resource assessment, water conservation, groundwater recharge, irrigation management, storm water management, infrastructure design and maintenance, culvert design and installation, and water recycling and reuse.