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Can water levels and flows be regulated?

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Can water levels and flows be regulated?

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In most cases, levels and flows can be regulated; these include federally “grandfathered” hydro dams which, prior to July 4,1996, had been exempt from all state and federal regulation,. Upon petition, DEP will hold a public hearing and issue an order establishing a water level regime and minimum flow requirement for the impounded body of water. (Municipalities may assume this authority from DEP by enacting a local water level control ordinance.) In setting water levels and flows, DEP will evaluate impacts on public access and safety, fish and wildlife habitat, water quality, erosion, public and private water supplies, and power generation. Dams that are exempt from the water level petition process include: hydropower dams subject to the jurisdiction of the Federal Energy Regulatory Commission; dams on boundary waters regulated by the International Joint Commission; and dams otherwise regulated under State law (such as the dams within the Cobbossee Watershed District). More information

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