On Saturday, a special Town Meeting will occur in Wells to consider a rights-based ordinance, which, if enacted, would strictly limit how water is extracted from surface and under the ground within town limits.
In the preamble of the “Wells Water Rights and Local Self Government Ordinance,” which is similar to those already passed in Shapleigh and Newfield, those backing the bill say water is necessary to ensure life, liberty and the pursuit of happiness, and governmental and corporate tyranny should not hinder the populace in doing so.
In legal opinions for the town, submitted by Bergen and Parkinson, LLC., the validity of the bill is called into question, and at least two constitutional issues are raised.
At the same time, in order to deal with commercial water extraction, a separate ordinance is being reviewed by the Board of Selectmen, to be aired at a later date.
Proponents will argue that the people should have the right to control their own destiny, particularly when it comes to the environment they live in. Commercial water extraction by companies such as Poland Spring pose, in their opinion, a potential hazard to the water table and future habitation within the community.
Critics argue that state and federal regulations prohibit such destructive extraction from occurring, and at the least Poland Springs officials say such actions would be corporately irresponsible.
We see both sides, but wonder whether enacting potentially unconstitutional laws is the best way to handle such a situation.
We believe that the current ordinance being mulled by the selectmen is the way to go, not through an act which might bring the community legal headaches.
We understand the fear of the potential loss of a critical resource for the community. We would never support corporate greed over the public good and would chasten any business that might damage the environment.
At the same time, fear of corporate greed cannot propel us into unconstitutional waters. An out-and-out ban on water use would not only affect water bottlers, but other companies doing business in the town. As we have learned from decades of U.S. Supreme Court case law, working against business interests through blanket edicts has not been supported or allowed.
At 9 a.m. Saturday, the legal future of Wells could be decided by a minority. We believe this shouldn’t happen. We support the selectmen in their efforts to bring a comprehensive and fair extraction ordinance to the table, and hope it is what wins out in the end.
— Questions? Comments? Contact Publisher Drew McMullin at 282-1535, Ext. 326 or dmcmullin@gwi.net, or Managing Editor Nick Cowenhoven at 282-1535, Ext. 327 or cityeditor@gwi.net.
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