By Gillian Graham
Staff Writer
Trustees from the Kennebunk, Kennebunkport and Wells Water District could decide as early as July 30 to enter into a contract allowing Nestle Waters North America to extract water near the district-owned Branch Brook in Wells.
Poland Spring, a subsidiary of Nestle, would extract water from the Wells Blueberry Barrens property along Branch Brook, which borders Sanford near the airport. The deal would allow Poland Spring to pump up to 300 gallons per minute, or 432,000 gallons per day, from the site, according to a press release from the district.
Poland Spring plans to pump water from the borehole through a mile-long pipeline to a small storage facility to be built on Route 109 in Sanford.
Under the proposed contract, the water district would receive a one-time $250,000 payment prior to extraction. Poland Spring would then pay twice the bulk water rate, with a minimum of $50,000 guaranteed annually. The district estimates the annual revenue to be between $250,000 and $500,000, according to an informational document the district has made available to the public.
In a press release, water district Superintendent Norm Labbe said the deal with Poland Spring will provide a significant new source of revenue and is a key component in the district’s long-term goal to protect the Branch Brook Watershed.
“We see this as a great opportunity for the water district and its customers,” Labbe said.
“We can use the revenue to stabilize rates for our customers, invest in additional water supplies, or address other priorities that arise.”
The district will not pay to treat, pump or store the water.
“One of the real benefits is that this whole deal has not involved one penny of taxpayer money, nor will it,” said water district Assistant Superintendent Scott Minor.
The agreement will allow the district to control water withdrawals, including the ability to slow or stop them during drought conditions. The district will hold the water withdrawal permit and will receive annual reports from Poland Spring regarding its extraction activities. Minor said the district has hired an independent hydrogeologist to review the data provided by Poland Spring.
The Maine Department of Environmental Protection will regulate Poland Spring’s extraction within the authority of the water district’s permit pursuant to the Natural Resources Protection Act. The Department of Health and Human Services has review authority with regard to drinking water. Poland Spring will also be subject to local land use regulations, according to Thomas Brennan, Natural Resources Manager for Nestle.
The actual amount of water extracted by Poland Spring will be decided as part of the DEP permitting process. Poland Spring will submit a proposal based on its scientific research to the DEP, which could then apply conditions.
The aquifer at the Barrens is part of an extensive water system that comprises the Branch Book watershed. The brook begins in Sanford, flows through Kennebunk and Wells, and discharges in the ocean.
An aquifer is a body of earth that can transmit water. In the case of the Barrens, there is a large deposit of sand and gravel. The water is held between the grains of sand and is recharged as rain or snow infiltrates into the land. The spring discharge is overflow.
Any water sold to Poland Spring is a small fraction of that in the watershed. If it were not used, the water would eventually flow into the ocean, Brennan said.
Critics of the plan are concerned about the impact of the extraction on local water levels and the environment. The district maintains it has plenty of water and wells will not be affected.
“I think it is very short sighted to go into a long term contract considering global climate change issues,” said Kennebunk resident Jamilla El-Shafei.
El-Shafei and her husband, Bob Walter, are involved with the newly formed Save Our Water group, which has hosted informational meetings in Kennebunk. The group includes area residents concerned about the plan.
“We felt they were exceeding their authority,” El-Shafei said. “They have no right to be selling our natural resources in violation of their charter.”
Minor disputes that the deal is not a violation of the charter, noting under Maine law, groundwater belongs to the owner of the land above withdrawal sites. In this case, the district will retain ownership of the property. The district considers Poland Spring no different than any other metered customer it sells water to.
“We’ve never dried up anybody’s well,” Brennan said. “I absolutely understand why people have concerns in that regard. They should be concerned.”
If a nearby well were affected by the deal, Poland Spring would drill a new one for the homeowner. Minor said the district would assist homeowners to make sure any repairs happened in a timely manner.
Minor said the district was surprised by public opposition to the plan and would have held public meetings up front had it anticipated the response.
“This isn’t really a precedent establishing situation,” Minor said, noting that Wells Blueberry Inc. extracted water for bottling from the Branch Brook watershed from 1991 to 2004.
Under that arrangement, trucks accessed the water site via Wire Road, a residential area. Poland Spring’s plan would keep trucks on state roads and allow a circular route from the Hollis processing plant, Brennan said.
“We’re very conscious of the footprint of our trucking activities,” Brennan said.
He estimated that an average of 30 to 40 trucks would stop at the facility in Sanford to load water in a 24-hour period.
 “One of the problems is that there is a lot of misinformation out there,” Minor said. “We need to go out of our way to educate and inform people.”
The Water District will hold educational sessions July 21 and 23 at Kennebunk High School. An informational document has also been posted on the district’s Web site, www.kkw.org, in response to customer questions.