WELLS — Wells residents overwhelmingly voted down a “rights-based” water ordinance at a Town Meeting at the Wells Elementary School on Saturday.
If passed, the ordinance would have prohibited commercial water extraction in Wells. It also would have granted ecosystems, including water sources, with the “unalienable and fundamental rights” to exist and flourish.
The proposed ordinance was prompted after Poland Spring, a division of Nestlé Waters North America, approached the Kennebunk, Kennebunkport & Wells Water District last year about entering into a contract allowing it to extract water from the Branch Brook watershed in Wells. The company has an option to purchase property there.
The company’s Natural Resource Manager Thomas Brennan said the company approached the water district because it was looking for water sources close to its bottling center in Hollis.
Hundreds showed up at the meeting, which started a half-hour late in order to let more residents enter the school gymnasium where the meeting took place.
Even with the late start, not everyone who came made it into the gymnasium in time to place their vote.
Even fewer got the chance to speak before a motion was made to vote on the issue.
Only one resident spoke in favor of the ordinance.
“Our aquifers are not inexhaustible, I’m afraid,” said Richard Fowler.
Most spoke against the ordinance, stressing what several legal opinions have claimed: That the proposed ordinance is unconstitutional.
“This process is not constitutional,” said Ron Fowley. “It puts us in legal jeopardy.”
“I respect and sympathize with those who want to protect the water in the town of Wells,” said Selectman Richard Clark. However, he said, the ordinance “will not stand up in court.”
The town’s attorney, Leah Rachin, submitted a legal opinion to the town stating that the proposed ordinance would conflict with the state and federal constitutions on a number of levels.
Since property owners have “absolute dominion” over their ground water, not allowing a corporation to extract water on land it owns makes the town vulnerable to an illegal takings claims, she said.
In addition, the ordinance doesn’t allow corporations the rights of a person, which the U.S. Constitution grants them.
Wells was the latest town in York County to take a stance on the a rights-based ordinance regarding water extraction. Residents of both Shapleigh and Newfield voted in favor of similar ordinances in their respective towns. Wells is the only town so far to vote down such an ordinance.
The Wells Ordinance Committee is currently preparing an ordinance that would not ban but would regulate how much and under what conditions water could be extracted within the town limits.
Even this ordinance may not be necessary if the water district doesn’t reach an agreement with Poland Spring. The issue was tabled by water district board members last year.
Tom Oliver, the town’s representative on the water district, said that after residents made it clear they didn’t want to sell their water to the company last year, discussions between Poland Spring and the water district stopped.
— Staff Writer Dina Mendros can be contacted at 282-1535, Ext. 324 or dmendros@gwi.net.
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