SENATE, No. 2392

March 2, 2006

The committee on Environment, Natural Resources and Agriculture to whom was referred the petition (accompanied by bill, Senate, No. 541) relative to to encourage sustainable water management, reported, recommeding that the same ought to pass, with an amendment substituting a new draft entitled "An Act to protect natural streamflows in the rivers and streams of the commonwealth" (Senate, No. 2392).

Pamela P. Resor,
For the committee.

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Six.

AN ACT TO PROTECT NATURAL STREAMFLOWS IN THE RIVERS AND STREAMS OF THE COMMONWEALTH

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.

To Protect Natural Streamflows in the Rivers and Streams of the Commonwealth.

Section 3 of chapter 21G of the General Laws is hereby amended by inserting, at the end of second paragraph, the following:-

"The commission shall adopt policies and guidelines that establish criteria and standards for maintaining instream flows and hydrologic regimes that are protective of natural aquatic life for all rivers and streams in the Commonwealth.  Such criteria and standards must be based on the natural variation of flows and water levels.”

SECTION 2.   Section 3 of chapter 21G of the General Laws is further amended by inserting, in the sixth paragraph, in line 67, after the phrase “chapter twenty-one”, the following sentence:-

“The department shall promulgate rules and regulations establishing criteria and standards for maintaining instream flows and hydrologic regimes that are protective of natural aquatic life for all rivers and streams in the Commonwealth.  Such criteria and standards must be based on the natural variation of flows and water levels.”

SECTION 3.  The Water Resources Commission is authorized and directed to adopt policies and guidelines establishing standards and criteria as required by section 3 of chapter 21G by December 31, 2007.

SECTION 4.  The department of environmental protection is hereby authorized and directed to promulgate rules and regulations implementing streamflow standards and criteria as required by section 3 of chapter 21G by December 31, 2008.