Report: Fryeburg aquifer already stretched too thin

By David Carkhuff

Fryeburg already has more water committed to commercial uses than can be sustained.This is the stunning conclusion issued by a firm of hydrogeologists in a newly released report. These findings, circulated late last month in an executive summary of a lengthy report from Emery and Garrett Groundwater Inc., of Waterville, are sure to send shock waves through Fryeburg.Bulk extraction of water for sale to commercial bottlers has sparked a long-running and often heated debate in town. Up until now, there has been speculation, but not much data to back it up, that the town's supply of ground water was being overtaxed by commercial bottlers. The worry was that once ground water could not replenish itself to keep pace with withdrawals, pumpers would start tapping into the underground Ward's Brook aquifer.Now, the new hydrogeological study from Emery and Garrett makes the case that two users already positioned to pump ground water Pure Mountain Springs, source for water purchased by bottler Poland Spring, and newly permitted commercial pumper WE Corporation are authorized for water withdrawals that exceed the capacity of the aquifer.The newly released report urges the town to make no more than 603,000 gallons per day available to commercial pumpers. Pure Mountain Springs already pumps half of that recommended limit, approximately 301,369 gallons per day, all of it purchased by Poland Spring. This figure is based on estimates from the report published by Emery and Garrett. Another 450,000 gallons of water a day are allocated in a permit to WE Corp. Once that company operates at full capacity, and assuming Pure Mountain Springs continues pumping at current levels, the town will witness the commercial withdrawal of more than 750,000 gallons a day well above the cap of 603,000 gallons per day recommended in the study.The recommendation will have political overtones, but this limit on commercial pumping was prompted by scientific research, Garrett said in an interview on Tuesday. Now that Fryeburg residents have the data, it's up to the townspeople to settle on a course of action, he said."I'm speaking as a scientist," Garrett said. "The town has to consider its managerial role in limiting the withdrawals by various parties from this aquifer."In an executive summary of his report, 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 three quarters of this discretionary use to offer 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."The town will need to alter or arrange permits and recommend regulations to the town to limit total withdrawal of water not required by the town so that such withdrawals not exceed 603,000 gallons per day," the executive summary states. "For ongoing review of ground water flow through the aquifer, it is especially important to measure streamflow in Wards Brook so that a more precise determination of minimum flow in the brook can be made, and so that the withdrawals of water from the aquifer for commercial uses such as water bottling do not exceed the sustainable yield."Fryeburg's land-use ordinance will need to be updated to incorporate this recommended limit of 603,000 gallons per day. The ordinance, when drafted, did not anticipate bottled-water withdrawals as a permitted use. Gene Bergoffen, chairman of the Fryeburg Aquifer Resource Committee, alerted other members of the Fryeburg Planning Board on Aug. 30 that the committee has developed suggestions for a new, draft section of the land-use ordinance to be dedicated to water-related issues. He circulated a handout titled "Water-related provisions of Fryeburg Land Use Ordinance; Potential approach to amendments to strengthen and clarify planning board authorities."Bergoffen emphasized that these suggested amendments remain in an early, conceptual form and will require extensive public and planning board review. One of the goals of these amendments, as envisioned, is to "guarantee sustainability of (the) aquifer." One way to reach this goal would be to standardize water-extraction permits. Defined criteria for awarding these permits would include planning board's authority to "deny or require mitigation of extraction permits" if the applications would "affect sustainability of (the) aquifer" and "adversely affect" public drinking water, "ground water quality or existing uses," "other water bodies" and "other natural resources, such as wildlife or wetlands."In a Sept. 6 interview, Bergoffen acknowledged that the Emery and Garrett study likely will prompt intense review by planning board."There is probably going to have to be some balancing done," he said.Summing up the study's conclusions, he said, "We're pretty much close to capacity of permitted and actual uses." "I want to caution that we have to digest what Peter is saying here. And I think we'll need a work session with him to better understand his recommendations," Bergoffen said.Fryeburg selectmen are mulling whether to impose a yearlong ban on new commercial applications to pump water from the aquifer. A moratorium, like a planning ordinance update, would not affect grandfathered uses by Poland Spring or WE Corp. but only new applicants.Garrett's study does not seek to limit municipal use of water in Fryeburg."Flow to the Fryeburg Water Company of 367,000 gallons per day (estimated by the FWC's engineers as sufficient to serve a population increase until at least 2025) is considered to be a fixed expense," Garrett wrote, using the analogy of a household budget. "Minimum flows through Wards Pond and through Wards Brook downstream from Route 113 can also be considered as fixed expenses. Flows measured in the field during the dry summer of 2004 were 576,000 gallons per day (equivalent to 400 gallons per minute) over the Wards Pond weir, and an additional 400 gallons per minute added by spring flow into Wards Brook downstream from the weir."A typical family of four on a public water supply uses about 127,400 gallons of water annually, according to national estimates.What remains unclear is how the Fryeburg Water Co., or a future purchaser of the investor-owned utility will view the company's contract with Pure Mountain Springs, supplier to Poland Spring.Selectmen last fall washed their hands of a challenge to Fryeburg Water Company's sale of more than 10,000 gallons of water a day to Pure Mountain Springs. A local appeals board determined that Fryeburg Water Co. failed to obtain town permission for using over 10,000 gallons of water a day under the land-use ordinance, but, at the advice of legal counsel, selectmen voted on Sept. 30, 2004, to hand the case to superior court for a legal remedy."It is not appropriate for the town to issue a cease-and-desist order in this matter, and this matter belongs in court," Geoffrey H. Hole, attorney for the town, advised the board at the time.In Oxford County Superior Court, Fryeburg Water Co., prevailed in its argument for exemption from local planning board regulation where Pure Mountain Springs was concerned. The case now is under appeal to the Maine Supreme Court.WE Corp., has questioned the limits on regulation of Pure Mountain Springs, pointing out its own restrictions under a planning board permit. WE Corp. owned by Rick Eastman, Wayne Libby and Jeff Walker can be subjected to a reduction in allowed withdrawals under certain conditions, based on conditions in its permit to pump out 450,000 gallons of water a day, or 164.3 million gallons a year.In the findings from a public hearing of April 20, 2004, the planning board listed conditions for WE Corp.'s permit. The findings state that the permit was valid "until any of the following conditions or events occur at which time said permit would, after a hearing, be subject to suspension, adjustment or revocation by the Planning Board."The conditions include: "The FWC (Fryeburg Water Co.) determines that the extraction activity of PMS (Pure Mountain Springs), or its successors, is excessive and PMS, or its successors, is required to stop or reduce the extraction of water under its agreement with FWC or FWC successors. Thereafter the FPB (planning board) may determine the pumping of WE Corp, its successors or assigns, should also be suspended. "New data on the aquifer is received by the FPB, demonstrating, in the determination of the FPB, that the 'safety' of the capacity of the 'prime aquifer' referred to in the Fryeburg Comprehensive Plan, 1994, or the 'safety' of the capacity of the subject aquifer (K/A Wards Brook aquifer) or the 'safety' of the capacity of the aquifer in the 'wellhead protection district' established under the Land Use Ordinance is of imminent threat."New data is received by the FPB that the quality of the water in the subject aquifer or the 'wellhead protection district,' in the determination of the FPB, is materially damaged or compromised. "New data is received by the FPB, demonstrating in the determination of the FPB, that the pumping of WE Corp is contributing to a 'sustained and unreasonable' reduction of stream flow in Wards Brook or a lowering of the elevation of surface water in nearby ponds."Garrett makes no specific recommendations for curtailing allowable withdrawals in the WE Corp., permit. Rather, the report's recommendations are more technical in nature, including "repair of the Route 113 weir where the outflow from Wards Pond can be measured, and construction of a fence to keep floating debris from clogging the weir in the future," construction of a new weir on Ward's Brook, "periodic measurements of flow through these two weirs" and reevaluation of minimum flow figures at Wards Brook after 10 years of data collection."The final recommendations are "reporting of water withdrawals from all large (over 50,000 gallons per day) well sites, and assurance that the town has the regulatory ability to check water withdrawal totals" as well as further research to include review of the biology of Ward's Pond.Garrett previewed some of his findings at a July 11 presentation."It's essentially the same conclusions," he said of the August report. "We've just narrowed it down to particular numbers."