65- 407 C.M.R. ch. 691, § 1

Current through 2024-25, June 19, 2024
Section 407-691-1 - Definition
A. Consumer-Owned Water Utility. "Consumer-owned water utility" means any water utility, as defined in 35-A M.R.S.A. §6101(1-A), which is wholly owned by its consumers, including, but not limited to, any municipal or quasi-municipal water district or corporation, municipal water department or the water portion of any utility wholly owned by a municipality or district.
B. Sale. "Sale" means a conveyance or transfer of title to water resource land from the utility to another person or entity. For the purposes of this rule, "sale" shall also mean an assignment of a property right, a land lease of more than twenty years, a grant of an easement or any other encumbrance of the land, whereby the utility gives up for consideration rights to the use of a substantial part of the land surface. "Sale" does not include a transfer in accordance with or pursuant to statutory or contractual rights which predate the effective date of this rule. "Sale" does not include sales of land or easement to public utilities for public utility purposes. "Sale" does not include transfers to municipalities or state agencies that could be subject to condemnation under eminent domain proceedings.
C. Transfer. "Transfer" means "sale" as defined above in 1(B).
D. Utility. "Utility" means a consumer-owned water utility.
E. Water resource land. "Water resource land" means any land or real property owned by a water utility for the purposes of providing a source of supply, storing water or protecting sources of supply or water storage, including reservoirs, lakes, ponds, rivers or streams, wetlands and watershed areas, and contains greater than five contiguous acres. "Water resource land" does not include any land on which a utility has built a facility that is used exclusively for storing water as part of that utility's transmission and distribution system.

65- 407 C.M.R. ch. 691, § 1