ELR Citation: ELR 20259
No(s). CUM-04-314 (Me. Feb 15, 2005)

The court holds that water that has left its natural state and then is subjected to a man-made control constitutes an "addition" upon its return to the same navigable waterway. The operator of a dam filed suit against a state agency after it certified the dam with conditions. The operator argued that certification authority has not vested because the operation of its dams does not result in a discharge. The operation of the dams, however, does result in an addition to the waters of the Presumpscot River and therefore a discharge occurs. Although the dam is not adding more water to the river, a discharge results because the dam removes the water of the river from its natural course, exercises private control over the water, and then adds the water back into the river. In addition, the state agency did not exceed its authority under federal and state law when it imposed conditions that seek to enhance water quality. Because water quality standards are not presently being met, the agency may impose any conditions necessary to ensure compliance with those standards.