Fryeburg reopens discussion of water-extraction ordinance

Poland Spring toasts approval of new plant in Kingfield while lawsuits grind out for Denmark, Fryeburg

By David Carkhuff, assistant editor
November 23, 2006

FRYEBURG—Since Fryeburg voters decided to delay voting on a proposed water-extraction ordinance, the planning board is conducting listening and informational sessions on Monday, Nov. 27, and Thursday, Jan. 11, at 7 p.m. at Molly Ockett Middle School.

"Based on the recent special town meeting decision to defer the new Fryeburg Water Resource Ordinance to the March town meeting, the board has scheduled workshops ... to explain the elements of the proposed ordinance revision, and to hear views of townspeople on the proposal," states a notice of the meetings.

The draft ordinance is available at the town office, and a map of the proposed wellhead protection district will also be available at the office and accessible on the Fryeburg Web site (www.fryeburgmaine.org).

Gene Bergoffen, chairman of the Fryeburg Planning Board, said, "We're doing this to make sure there's a clear understanding of what the purposes are and what the provisions are, and we have an opportunity to listen and adjust as appropriate before the town meeting."

According to a summary sheet about the proposed ordinance amendment, the new language accomplishes the following:

• "It restates and modernizes language in the current ordinance that protects ground water and surface water in considering any authorized use under the land use ordinance. The new ordinance simply reorganizes and strengthens this language. And it also makes crystal clear that the planning board can: Require an assessment of a use at the applicant’s expense by an independent hydrogeologist, and require a proposed use to be modified to protect water resources.

• "Within the Wards Brook Aquifer, it sets up a two-step process for new permits within the aquifer. Applies to proposed withdrawals of 10,000 gallons per day or more (and) sets a 'sustainability' limit of a withdrawal total of 603,000 gallons per day, over and above Fryeburg Water Company use. This amount is based on the Emery and Garrett analysis. Spells out detailed resource protection limitations."
During a May 10, 2005, briefing, Peter Garrett gave his initial report about Fryeburg's aquifer. Garrett's firm was hired for $60,000 to conduct the privately-funded aquifer study. This study was launched partly in reaction to Poland Spring's plans for a bottling plant, initially looking at Fryeburg. (This fall, the company won approval to build its plant in Kingfield, but Poland Spring remained dedicated to water withdrawals from wells supplied by Fryeburg Water Co.)

A 603,000-gallon per-day water budget, over and above whatever may be used by the Fryeburg Water Co., was established based on research by Peter Garrett of Emery & Garrett Groundwater Inc., consultants to the Town of Fryeburg. Garrett subtracted Fryeburg Water Co. use and Wards Brook minimum flows from the aquifer's capacity to develop a discretionary amount of water available to pumpers. To be safe, 75 percent of this available “discretionary spending” in the production wells was allowed. This resulted in the 603,000-gallon figure for maximum bulk-water withdrawal.

In an executive summary of his report issued last year, Garrett recommended that the planning board reduce allowable water withdrawals out of wells to 75 percent of a "discretionary" amount of water — the discretionary amount to total 804,000 gallons per day. Discretionary flows are defined as "additional pumping from wells for bottled water, and additional ground water discharge flows through Wards Pond and Brook" beyond minimum flows. Garrett recommended making three quarters of this discretionary water available to provide a buffer.

"Thus, up to 603,000 gallons per day of water not required for municipal water use and maintenance of minimum stream flow can be removed from the Wards Brook Aquifer," the executive summary states. "It is important to note that this water withdrawal is to be taken from the overflow of the aquifer. Though flow of water through springs and into Wards Brook will be reduced by such withdrawal, the aquifer will remain full and overflowing."

On the flip side, if the town exceeds this recommended cap, users will dip past the aquifer's "overflow" and begin drawing down the aquifer itself, the study warns. Garrett noted that Poland Spring withdrew just under 10 million gallons a month, or 110 million gallons total, between April 2004 to March 2005.
Bergoffen said the proposed water-extraction ordinance considers existing uses.

"It applies to new permits anywhere in Fryeburg, but because it has provisions in Wards Brook ... it provides a template to work with current uses," he said.
"It's how we measure current and future uses. It gives us a way to measure current uses as well," he emphasized.

The summary of the proposed ordinance revision states:

• "What does the ordinance say about exporting water from the town? The new ordinance adds a specific, new requirement to assess the traffic and other impacts of water uses involving export from Fryeburg. It does not specifically authorize such uses or alter current state laws regarding bulk water transport. All other requirements of the land use ordinance remain the same."

• "Outside the Wards Brook Aquifer, it sets up detailed permit requirements for any withdrawal over 50,000 gallons per day, with specific sustainability requirements. It redraws the Wellhead Protection District to reflect the latest findings of the Emery and Garrett studies. It restates, with minor additions, the current performance requirements for uses in the Wellhead Protection District, in the land use ordinance. It updates the land use tables in the land use ordinance to specifically add water withdrawals as a permitted use. Under the current ordinance, these uses are already allowed in rural residential and industrial zones, but are not listed in the land use tables."

The planning board concludes: "Based on inputs (from these workshops), the planning board will review the draft and consider any potential amendments. A final public hearing on the ordinance will be scheduled soon thereafter. Formal notices and broad publication of the dates and locations of these workshops will be posted and implemented soon. (The board asks) that you alert individuals and groups you know will be interested, and share the information widely with your associates."

Assistant editor David Carkhuff can be contacted at david@conwaydailysun.com