An Act To Create the Starboard Water District
Maine Legislature, Session 123, LD 2117
Committee: Utilities and Energy
Sponsors: RA YE, EMERY, McFADDEN

Legislative Document 
No. 2117 
S.P.807 
December 31, 2007 
An Act To Create the Starboard Water District 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator RA YE of Washington. 
Cosponsored by Representative EMERY of Cutler and 
Representative: McFADDEN of Dennysville. 
JOY J. O'BRIEN 
Secretary of the Senate 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, water in the Town of Machiasport has been contaminated from a former 
radar transmission station and this poses a serious threat to the health and well-being of 
the inhabitants in the area; and 
Whereas, an adequate supply of water is essential to the health and well-being of 
the inhabitants of the Town of Machiasport; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. Territorial limits; corporate name. Pursuant to the Maine Revised 
Statutes, Title 35-A, chapter 64, that part of the Town of Machiasport described as 
follows: starting at a point located at 44°37.32'N 067°23.4'W, thence west to a point 
located at 44° 37.32'N 067° 24.3'W, thence northwesterly to Hickey Road at a point 
located at 44° 37.6'N 067° 24.38'W, thence following Hickey Road northeasterly to a 
point located at 44° 38.l4'N 067°23.7'W, thence northerly to a point located at 44° 39.4'N 
067° 23.4'W, thence east to a point located at 44° 39.4'N 067° 23.09'W, thence southeast 
to Smalls Point Road at a point located at 44° 38.91'N 067° 22.96'W, thence following 
Smalls Point Road southeasterly to a point located at 44° 38.56'N 067° 22.83'W, thence 
southeasterly across Bucks Neck to a point located at 44° 38.48'N 067° 22.8'W, thence 
southwesterly across Bucks Harbor to a point located at 44° 38.21 'N 067° 22.88'W, thence 
south to a point located at 44° 37.71'N 067° 22.9'W, thence southwesterly to the starting 
point; and its inhabitants constitute a standard district under the name "Starboard Water 
District," referred to in this Act as "the district." 
Sec. 2. Powers; authority; duties. The district has all the powers and authority 
and is subject to all the requirements and restrictions provided in the Maine Revised 
Statutes, Title 35-A, chapter 64. 
Sec. 3. Power to take water. For purposes of its incorporation, the district is 
authorized to use the water on property owned by the district and has the authority to 
negotiate for water outside the district but within the Town of Machiasport. 
Sec. 4. Number of trustees. The board of trustees of the district is composed of 5 
trustees. 
Sec. 5. Election of first board. The first board is elected in an election called by 
the municipal officers of the Town of Machiasport within 6 months of approval of this 
Act by the voters in accordance with this Act. The terms of the first board are governed 
by the Maine Revised Statutes, Title 35-A, section 6410. 
Sec. 6. Terms of trustees. 
After the election of the first board, trustees are 
elected to 3-year terms. 
Sec. 7. 
Emergency clause; referendum; effective date. 
In view of the 
emergency cited in the preamble, this Act takes effect when approved only for the 
purpose of permitting its submission to the legal voters within the territory described in 
section 1 of this Act at an election called for that purpose and held by July I, 20 I O. The 
election must be called by the municipal officers of the town and be held at the regular 
voting places. The election must be called, advertised and conducted according to the 
law relating to municipal elections, except that the registrar of voters is not required to 
prepare or the clerk to post a new list of voters. For the purpose of registration of voters, 
the registrar of voters must be in session the secular day preceding the election. The 
subject matter of this Act is reduced to the following question: 
"Do you favor creating the Starboard Water District?" 
The voters shall indicate by a cross or check mark placed against the word "Yes" or 
"No" their opinion of the same. 
The results must be declared by the municipal officers of the Town of Machiasport 
and due certificate of the results filed by the clerk with the Secretary of State. 
This Act takes effect for all purposes immediately upon its approval by a majority of 
the legal voters voting at the election. Failure to achieve the necessary approval in any 
referendum does not prohibit subsequent referenda consistent with this section, as long as 
the referenda are held prior to July 1, 2010. 
SUMMARY 
This bill creates the Starboard Water District.