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Wells' Water-Extraction Proposal Outlines Rules, Protections

November 02, 2009 - WELLS -- Wells voters will decide Tuesday on a proposal to regulate large-scale groundwater extraction in town.

The issue has been the subject of intense debate since details of a now-defunct agreement between Poland Spring and the local water district emerged more than a year ago.

The ordinance would apply to daily water extraction of 20,000 gallons or more, less than the 50,000-gallon state threshold for a permit. The rules would not apply to water extraction for agriculture, public schools, homes or businesses that don't sell water for consumption outside Wells. Permits would last for three years.

The proposal spells out when the permit holder would be subject to additional monitoring and what hydrogeological conditions would prompt town officials to halt extraction. Aspects of a water-extraction project like lighting, noise and operating hours would be subject to Planning Board review.

It was not immediately clear whether large-scale water extraction will be allowed if the proposal fails.

Town officials said it could be regulated by the state Department of Environmental Protection, but if it isn't listed as a permitted use in town it cannot be done.

Andrew Fisk, director of the DEP's Bureau of Land and Water Quality, agreed that the answer isn't clear-cut. "That would be a legal challenge. It's arguable," he said.

The controversy over water extraction flared in June 2008, over a proposed deal between Poland Spring and the Kennebunkport and Wells Water District.

The deal, which the district's trustees later abandoned, would have allowed the district to sell as much as 432,000 gallons a day of what it called excess capacity, for about $900,000 a year. The district's average daily water usage is about 2.8 million gallons.

A group called Protect Wells Water is urging voters to reject the proposed ordinance, arguing that it offers insufficient protection and questioning how much economic benefit Poland Spring would bring to Wells.

A moratorium has been in place as the town has developed a comprehensive ordinance. Protect Wells Water wants the moratorium to remain in place until the state develops additional groundwater protections.

Poland Spring has been advertising its support of the ordinance in local media outlets.

The company has no definite plans for Wells but wants to grow in Maine, said Mark Dubois, the company's natural resource manager. He said the company wants to work with water districts because they are good at conservation.

Also on the ballot is a proposed ordinance addressing windmills whose main purpose is to provide energy to the properties where they're located. It spells out design requirements, including distances from other structures.

By ANN S. KIM, Staff Writer, Portland Press Herald, October 28, 2009

Lakes:
Regions: Sanford


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