An Act To Amend the Standard Water District Enabling Act
Maine Legislature, Session 121, LD 0804
Committee: Utilities and Energy
Sponsors: HALL, RECTOR
Amends: 35-A MRSA §6414-A

Legislative Document 
No. 804 
S.P.283 
In Senate, February 20,2003 
An Act To Amend the Standard Water District Enabling Act 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator HALL of Lincoln. 
Cosponsored by Representative: RECTOR of Thomaston. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 3S-A MRSA §6401, sub~§2, ,A, as enacted by PL 1995, c. 
616, §lO, is amended to read: 
A. 
The following provisions apply to all water districts, 
regardless of when chartered, and any portion of a water 
district charter that is contrary to the provisions is void 
and of no effect: 
(1) Section 6410, subsection 7; aBa 
(2) Section 6410, subsection 8TL 
(3) 
Section 6404-A; 
(4) 
Section 64l3-A; and 
(5) 
Section 64l4-A. 
Sec. 2. 3S-A MRSA §6404-A is enacted to read: 
§6404-A. 
Kater districts: water protection powers 
A water district ma~, for the purposes of its incorporation, 
protect the volume and qualit~ of water within the territory of 
the district in order to provide adequate supplies of safe public 
drinking water b~ adopting and implementing restrictions on water 
use within the territor~ of the district. 
Sec. 3. 3S-A MRSA §6410. sub-§§l and 7, as enacted by PL 1995. 
c. 616, §lO, are amended to read: 
1. 
Standard 
districts: 
nominations 
and 
elections: 
vacancies. 
Nominations and elections of trustees are conducted 
in accordance with the laws relating to municipal elections. 
When the term of office of 
a 
trustee expires, 
the trustee's 
successor is elected at large by a plurality vote of the voters 
of the standard district. 
For the purpose of election, a special 
election must be called and held on the date established by the 
trustees. 
The election must be called by the trustees of the 
standard district in the same manner as town meetings are called 
and, for this purpose, the trustees are vested with the powers of 
municipal officers of towns. 
A vacancy is filled in the same 
manner for the unexpired term by a special election called by the 
trustees of the standard district. 
The trustees shall appoint a registrar of voters for the standard 
, 
district. who may also be the registrar of voters for any town 
within the standard district. and fix the registrar's salary. 
It 
is the registrar's duty to make and keep a complete list of all 
the 
e±i~i9±e registered voters 
ef 
resident in the 
standard 
district. 
The 
list prepared 
by 
the 
registrar 
governs 
the 
eligibility of any voter. 
Voters who are resident outside the 
territorial limits of the standard district, as defined in its 
charter, are not eligible voters and the registrar of voters 
shall exclude 
those voters 
from 
the 
registrar's lists. 
All 
warrants issued for elections by the trustees must show that only 
the voters resident within the territorial limits of the standard 
district are entitled to vote. 
7. 
Water districts; trustees· compensation. 
The trustees 
of a water district receive compensation as recommended by the 
trustees 
and approved by a majority of the municipal officers of 
the municipality, 
including compensation for 
any duties 
they 
perform as officers. as well as for their duties as trustees. 
For districts serving more than one municipality, any change in 
the compensation received by the trustees for any duties they 
perform within the district must be recommended by the trustees 
and approved by majority vote of the municipal officers in each 
municipality in municipalities representing a majority of the 
population within the district. 
Certification of the vote must 
be recorded with the Secretary of State and recorded in the 
bylaws. 
GemFeR6a~ieR-fe£-B~~~€~-~~~~~~~~&-~ae-9a6i6 
eE-~~-~~~~-ame~R~-~~~y-ee-~~~~-ia-~£€-~~r-EeF 
eaea-~~~~~~~~y-a~~eRaea-~-Feim9~F&emea~-~~~-~r~~-aBa 
eHFeB6e6T-~~~-~he-~B~a~-~--~e-~~~-&~a-~p€t~~~t-~-a6 
may-e€-~~~~~-~-~he-9y±aw6T Compensation schedules in effect 
on January I. 1982 continue in effect until changed. 
Notwi thstanding section 6401. subsection 2, this subsection does 
not apply to any water district for which the charter provides 
for 
trustee 
compensation in 
a 
manner 
inconsistent with this 
subsection and specifically indicates by its own terms that this 
subsection or former section 6303, subsection 4 does not apply. 
Sec. 4. 35-A MRSA ~6413-A is enacted to read: 
§6413-A. 
Water districts; authority to increase debt limits 
Notwithstanding 
any 
provision 
of 
its 
charter 
to 
the 
contrary, 
a 
water district 
may 
increase its debt 
limit 
by 
referendum in accordance with this section. 
A water district is 
not required to use this section and may seek to increase its 
debt limit by any other lawful means, including pursuant to any 
other means described in its charter or by seeking legislative 
amendment to its charter. 
If a 
water district chooses to increase its debt limit 
pursuant 
to 
this 
section, 
the 
governing 
body 
of 
the 
water 
district shall propose a new debt limit and submit the proposed 
for approval at a referendum within the district. 
The referendum 
must be called, advertised and conducted according to the law 
relating to municipal elections, except the registrar of voters 
is not reguired to prepare or the clerk to post a new list of 
voters. 
For the purpose of registering voters, the registrar of 
voters must be in session on the regular work day preceding the 
election. 
The guestion presented must conform to the following 
form: 
"Do you favor changing the debt limit of 
district) 
from 
(insert 
current 
debt 
proposed debt limit)?" 
the (insert name Q f 
limit) 
to 
( insert 
The voters shall indicate by a cross or check mark placed 
against the word "Yes" or "No" their opinion on the guestion. 
The results must be declared by the governing body of the 
district 
and 
entered 
upon 
the 
district's 
records. 
Due 
certificate of the results must be filed by the clerk with the 
Secretary of State. 
A debt limit proposal becomes effective upon its acceptance 
by a majority of the legal voters wi thin the district voting at 
the referendum. 
Failure of approval by the majority of voters 
voting at the referendum does not prevent subseguent referenda 
from being held for the same purpose. 
The costs of referenda are 
borne by the district. 
Sec. 5. 35-A MRSA §6414-A 1S enacted to read: 
§6414-A. 
Water utilities; rate collection and liens 
All persons, firms and corporations, whether public, private 
or municipal, shall pay to the treasurer of any water district 
the 
rates established pursuant to 
chapter 
for 
the 
water 
service used with respect to their real estate. 
There is a lien on real estate served by a water district to 
secure the payment of unpaid rates. 
The method for obtaining, 
enforcing and receiving payment on the lien must be in the same 
manner and has the same effect and creates the same rights as 
provided in Title 38, section 1208, pertaining to the collection 
of unpaid rates by a sanitary district, except that the sanitary 
district lien created under Title 38, section 1208 continues with 
priority over the district' s water utility lien created under 
this section and the notice of impending automatic foreclosure 
must be substantially in the following form: 
WATER DISTRICT 
NOTICE OF IMPENDING AUTOMATIC FORECLOSURE 
WATER LIEN 
Title 35-A M.R.S.A .. section 64l4-A 
IMPORTANT: DO NOT DISREGARD THIS NOTICE 
YOU WILL LOSE YOUR PROPERTY UNLESS 
YOU PAY THE CHARGES. COSTS AND INTEREST FOR WHICH 
A LIEN ON YOUR PROPERTY HAS BEEN CREATED BY THE 
WATER DISTRICT. 
~T~O~: __________________ _ 
You are the party named on the Water Lien Certificate filed 
on 
and recorded in Book 
Page 
in 
the 
County 
Registry 
of 
Deeds. 
This 
Water 
District filing created a sewer lien mortgage on the real estate 
described in the Water Lien Certificate. 
On 
the 
water 
lien 
mortgage 
will 
be 
foreclosed and your right to redeem the mortgage and recover your 
property by paying the district's charges and interest that are 
owed will expire. 
IF THE LIEN FORECLOSES. 
THE 
WATER DISTRICT WILL QNN 
YOUR PROPERTY, SUBJECT ONLY TO 
SANITARY DISTRICT AND MUNICIPAL TAX LIENS. 
If 
you 
can not 
pay 
the 
outstanding charges, 
costs 
and 
interest that are the subject of this notice or the subject of 
installment payment arrangements that you have made with the 
district, please contact me immediately to discuss this notice. 
District Treasurer 
SUMMARY 
This bill does the fOllowing: 
1. 
It grants to each water district authority to protect 
the volume and quality of water within its territory; 
2. 
district 
district; 
It clarifies 
must keep a 
that the registrar of 
list of all registered 
a 
standard water 
voters wi thin the 
3. 
It removes 
a 
provision 
relating 
to 
water 
district 
trustee compensation that 
requires that 
such 
compensation 
be 
specified 
in 
the 
bylaws 
and 
be 
for 
meetings 
attended 
and 
reimbursement for expenses; 
4. 
It al~ows a water district to increase its debt limit 
through a referendum procedure; and 
5. 
It 
imposes 
a 
lien 
on 
property 
services 
by 
water 
districts to secure payment for unpaid rates.