SESSION A:

Title: How Does Maine Regulate Spring Water Withdrawals?

Author: Andrews L. Tolman, C.G.
Manager, Source Protection, Maine Drinking Water Program. 11 SHS, Augusta, ME 04333. andrews.l.tolman@maine.gov. 207-287-6196

The State of Maine Drinking Water Program (DWP) regulates bulk water transport, primarily in association with the regulation of sources for bottled water. We have adopted the Food and Drug Administration (FDA) definition for "spring water". This definition has significant consequences for the approval and management of bottled water sources in Maine. The definition allows water extracted from a well, or "borehole" to be classified as spring water if it is geochemically similar to flow from an adjacent spring, as well as being hydrologically connected to the spring. In addition, the withdrawals from the borehole cannot result in the spring drying up.

The DWP's review focuses on two areas: first, is the source suitable as a drinking water supply: is it appropriately protected and of good quality. Secondly, we assess whether it meets the FDA definition of spring water. This involves review of pump test data, water chemistry from the borehole and the spring, and evaluation of the hydrogeologic setting.

Application of this definition means that there are a comparatively limited number of locations where spring water can be produced, and that each location has a limited extraction rate. The continued expansion of the market for spring water has led to the development of a number of relatively remote springs with bulk transport to centralized bottling facilities. Many individuals and groups have raised concerns about the transport of "their" water for sale.

Is spring water extraction a sustainable use? Does compliance with the FDA definition provide for good resource management? In a state with nearly four feet of precipitation, are we over-regulating, or under-regulating water withdrawals? Should the State of Maine be pleased that we have a clean industry using a renewable natural resource, or afraid that international corporations are stealing our precious water? Should Maine be more pro-active in protecting, managing, and utilizing its water resources? All these policy questions are tied to the definition, and value, of spring water.

Andrews L. Tolman, C.G., Hydrogeologist and Manager, Source Water Protection, Maine Drinking Water Program, has been practicing hydrogeology since 1975. His work has included a variety of public and private sector assignments involving ground water resource assessment, development, and management. Most of his current time and energy are going towards developing implementation strategies for the Source Water Assessments for Public Water Supplies (PWS), and working with PWS's who want to improve their source protection. He is also the DWP's representative on several working groups dealing with water allocation, classification, and permitting. Andy has a BS from Bates College and two MS's from the University of Wisconsin in Geology and Water Resources Management.