STANDISH – Rep. Mike Shaw, D-Standish, has submitted a bill that would change the way decisions are made regarding the water level of Sebago Lake.

Dissatisfied with a system that allows the Board of Environmental Protection to issue water quality certification, a necessary step in what is a federally sanctioned operation of dams, Shaw’s LD 232 would take the oversight power out of the hands of the board and give it to the Maine Legislature.

According to Shaw, water quality certificates are approved by the state and govern how hydropower generators in Maine must manage river outflows from water bodies that are dammed for hydroelectric use. While the licensing of dams comes from the Federal Energy Regulatory Commission, which sets a lake level management plan and issues licenses to dam operators ranging between 30 and 50 years, the state must issue a water quality certificate before FERC can rule. The certificate determines whether a lake management plan does harm to the quality of the lake.

Westbrook-based Sappi Fine Paper operates the Eel Weir Dam, the lone outlet for Sebago Lake. For the last several years, the state has been reviewing a change to the management plan that would change target lake levels through the year. Rather than having to hit several targets, Sappi is proposing that the lake would hit 266 feet above sea level on June 15 and could fluctuate between 266 and 262 the remainder of the year. The change, proponents say, would benefit the Presumpscot River, which has suffered depleted oxygen levels, and provide consistent power generation to Sappi’s stations along the river.

The Board of Environmental Protection approved the new plan in the fall. The plan, which is good for 30 years, is now awaiting approval by FERC. Shaw, however, says the board botched the review process of the new lake-level plan. He’s attempting to reverse its decision by making his bill retroactive to August 2011, prior to the board’s involvement with the issue.

“In this specific instance, the BEP folks and the [Department of Environmental Protection] for that matter, really didn’t know their subject matter, and they ignored very clear evidence that there would be water quality issues on Sebago Lake in issuing this water quality certificate,” Shaw said.

Shaw says the 262-foot level, which can occur anytime of year except June 15, could hurt the summer tourist season, during which private homeowners, marinas and public boat launch users rely on consistent levels in coves and areas where their docks are located.

Shaw is also worried for lake health since he says levels below 263 feet can flush and dewater coves where fish and other aquatic species live.

Roger Wheeler, a director with the Friends of Sebago Lake, is in favor of the new plan approved by BEP. Wheeler says the uniform outflow from Sebago Lake through the Eel Weir Dam mimics natural cycles that help build beaches and prevent erosion in the spring when spring thaw has produced devastating erosion and flooding in recent years. In flood events, he said, Sappi would be allowed to increase the outflow into the Presumpscot.

Shaw, however, sees the proposed management plan, which is in front of FERC, as harmful to lake water quality as well as the area’s economy.

“The problem is they don’t have a summertime target. It’s much higher outflows than we’re used to. So most definitely you’d have lower water in the summer,” Shaw said. “And say we were to have a dry summer and the lake went all the way down to 262 feet above sea level, you could see massive low water levels out there.”

The plan would require Sappi to keep the level between 262 and 266 feet above sea level, but at 262 feet, according to Shaw and Peter Dunn, of newly formed lake watchdog group Save Our Sebago, dock access for private homeowners and marinas would be in jeopardy.

Dunn supports Shaw’s bill to take the decision-making out of the hands of the Board of Environmental Protection and into the larger, more representative and more accessible Legislature.

“You have between seven and 10 legislators from the towns around Sebago Lake, so you’ve got a number of legislators who are not involved in the state agencies, so it gives the 4,000 to 5,000 property owners around Sebago Lake some access, which they haven’t had in the past,” Dunn said.

Dunn said he’s tried but failed to advocate his position with the BEP, which he described as holding meetings in private with no input from the public.

“In the past these decisions have been dictated by state agencies, and a very small group of folks who are involved,” Dunn said. “And we don’t have access to them. But we do have our access to the legislators, and they have a different point of view than the state agencies do, and we think we have a chance to speak to them and convince them that we deserve to have our voice heard.”

Wheeler, of the friends group, said Shaw’s bill and the attempt to reverse the BEP’s decision regarding the plan would harm both the oversight process and Sebago Lake.

“LD 232 has nothing to do with certifying water quality. It is about maintaining constant high Sebago Lake water levels that satisfy marina owners and real estate interests in shallow coves and rivers,” Wheeler said. “The present lake regulation plan has caused a myriad number of harmful impacts to Sebago Lake’s ecosystems, beaches, shorelines and littoral water quality. The new final water quality certification recognizes these impacts and provides for lake-level regulation that is more natural. The proponents of Bill 232 want lake levels and lake outflows which are highly unnatural.”

Shaw said he wants to open the process and allow the full Legislature to weigh in on such important issues. He’s also hoping FERC takes notice of the concerns of his constituents who are worried the new plan, which doesn’t call for summertime targets, would severely affect their lakeside lifestyle and the overall economy.

“I think FERC is going to see there are a lot of people concerned about this new plan and that the legislature is considering different proposals regarding this plan,” Shaw said. “But I also worry about the area’s economy. That’s my big thing. Are people going to keep coming up to the area and vacationing if they have trouble getting their boat in the water, or [residents] can’t access a dock in a cove that could be dewatered? That could happen under this new plan.”