An Act To Create the Hancock Pond Water District
Maine Legislature, Session 124, LD 1318
Committee: Utilities and Energy
Sponsors: CURTIS, PINKHAM, MILLS

MAINE STATE LEGISLATURE 
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'124th MAINE LEGISLATURE 
FIRST REGULAR SESSIOr~-2009 
Legislative Document 
No. 1318 
H.P.921 
House of Representatives, March 31, 2009 
An Act To Create the Hancock Pond Water District 
(EMERGENCY) 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative CURTIS of Madison. 
17/~d:./J7.17ldC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative: PINKHAM of Lexington Township, Senator: MILLS of 
Somerset. 
Printed lin rccycletl paper 
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,Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjoumment unless enacted as emergencies; and 
Whereas, the residents of the towns of Madison and Anson are in immediate need 
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of forming a quasi-municipal regional entity to supply potable water within those towns; 
and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
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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, section 6403, subsection 1, paragraphs A and B and subject to 
section 8 of this Act, the territory and the inhabitants of the Town of Madison and the 
Town of Anson constitute a standard water district under the name "Hancock Pond Water 
District," referred to in this Act as "the district." 
Sec. 2. Powers; authority; duties. Except as otherwise expressly provided in 
this Act, the district has all the powers and authority and is subject to all the requirements 
and restrictions provided in the Maine Revised Statutes, Tifle 35-A, chapter 64, and is 
authorized to p~rform all acts and to do all things necessary or convenient to carry out the 
purposes and powers provided in this Act or reasonably implied from those purposes and 
powers. The district is also authorized to provide sewerage services and, for that purpose, 
is authorized to exercise all the powers of a sanitary district pursuant to the Maine 
Sanitary District Enabling Act. 
Sec. 3. Authority to take water. Notwithstanding the Maine Revised Statutes, 
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Title 35-A, section 6404, the district is authorized to take, to hold and to convey within 
the Town of Madison and the Town of Anson and from any pari of those towns water 
from any surface and groundwater source within the towns, including without limitation 
the Kennebec River, Wesserunsett Lake, also 'known as Hayden Lake, and Marshall's 
Pond. Notwithstanding the Maine Revised Statutes, Title 35-A, section 6404, the district 
is authorized to take, to hold and to convey within the Town of,Embden water from 
Hancock Pond, Sand Pond, Black Hill Pond, Mill Stream and Embden Pond and any of 
the tributary lakes and streams of that pond and to erect, maintain and operate dams, ' 
reservoirs, gates, hydrants; standpipes and all other structures and improvements 
necessary or convenient for accomplishing the purposes of this Act and to lay down, 
maintain and operate pipes,aqueducts and all other structures and improvements, 
necessary or convenient for accumulating, conducting, discharging, distributing and 
disbursing water, for forming proper reservoirs for those purposes and for accomplishing 
the purposes of this Act. 
Notwithstanding the Maine Revised Statutes, Title 35-A, 
section 6403, subsection 2, paragraphs F and G, the district is authorized to supply, 
furnish or otherwise provide water within the Town of Embden pursuant to contract and 
to construct, locate, acquire, equip, maintain and operate facilities and all other structures 
and improvements necessary' or convenient for accomplishing those purposes. 
The 
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distriCt is authorized to lay in or through the streets and highways of the Town of 
Embden, and· to maintain, operate, take up, repair and replace all pipes, aqueducts, 
fixtures 
and other structures and improvements necessary or convenient for 
accomplishing the purposes of this section. 
Sec. 4. 
Additional powers; eminent domain. 
Notwithstanding the Maine 
Revised Statutes, Title 35-A, sections 6404, 6405, 6406, 6408, subsection 2 and 6409; the 
district has the powers and .authority provided in this section. 
The district has the power and is authorized to survey for, lay, erect and maintain 
suitable dams, reservoirs, aqueducts, pipes, hydrants, buildings, treatment or purification 
plants, pumping equipment and fixtures for flowage, power, pumping its water supply or 
conveying wastewater produced in the operation of a treatment or filtration facility 
through its mains, to enter upon any land or public way for laying, erecting and 
maintaining the pipes and structures and to make surveys for those purposes and to pass 
over, excavate and flow any lands. 
The district is authorized to take and hold for public uses, by purchase, eminent· 
domain or otherwise, any land that may be necessary for supplying, treating or purifying 
water, conveying wastewater, laying and maintaining its pipelines and constructing other 
structures, preserving the purity of its watershed and ensuring the purity of its water 
supply. The district is also authorized to take and hold in the same .manner any land that 
may be necessary for rights of way or roadways to its sources of supply, dams, power 
stations, reservoirs, mains, aqueducts, structures and land. The district may· hold all real 
estate and personal property necessary or convenient for these purposes. 
The district may not take by right of eminent domain any property or facilities of any 
other public utility used or acquired for future use in the performance of a public duty. 
The district shall file in the registry of deeds for Somerset County plans and 
descriptions of the location of all the lands and water rights taken under the. provisions of 
this Act and entry may not be made upon any land; except to make surveys, until the 
expiration of 10 days from the filing. The district may file with the plan a statement of 
the damages it is willing to pay to any person for any property or property rights taken. If 
the amount finally awarded does not exceed that sum, the district may recover costs 
against a person. Otherwise that person may recover costs against the district. Within 30 
days after the filing of the plans and descriptions, the district shall publish notice of the 
taking and filing in a newspaper having circulation in the county, the publication to be 
continued 3 weeks successively. 
Any person aggrieved by the determination of the damages awarded to owners of 
property or interests taken under this section may appeal, within 60 days after service of 
the condemnation order and check; to the Superior Court of Somerset County. Thecourt 
shall determine damages by a verdict of its jury or, if all parties agree, by the court 
without a jury or by a referee ~or referees and ~hall render judgment for just compensation, 
with interest when interest is due and for costs in favor of the entitled party. A decision 
of the Superior Court may be appealed to the Law Court as in other civil actions. 
Sec. 5. Trustees; how elected; first board; meetings; officers. All of the 
affairs of the district must be managed by a board of trustees composed of 7 members: 3 
. residents of the Town of Madison, 3 residents of the Town of Anson and one resident of 
the Town of Embden. 
1. First board. The first board of trustees of the district is appointed by the trustees 
. Qfthe Madison Water District, the trustees ofthe Anson Water District and the municipal 
officers of the Town of Embden. Within 30 days after the date on which this Act takes 
effect for all purposes pursuant to section 8 of this Act, the trustees of the Madison Water 
District shall appoint 3 trustees who must be residents of the Town of Madison, the 
trustees of the Anson Water District shall appoint 3 trustees who must be residents of the 
Town of Anson and the municipal officers of the Town of Embden shall appoint one 
trustee who must be a resident of the Town of Embden. 
Notwithstanding the Maine Revised Statutes, Title 35:.A, section 6410, subsection 4, each 
trustee appointed from the Town of Madison serves an initial term specified in the 
appointment by the trustees of the Madison Water District as follows: one for a term that 
expires on November 15th of the year that is one year after the year in which the trustee 
was appointed, one for a term that expires on November 15th of the year that is 2 years 
after the year in which the trustee was appointed and' one for a: term that expires on 
November 15th of the year that is 3 years after the year in which the trustee was 
appointed. 
Notwithstanding the Maine Revised Statutes, Title 35-A, section 6410, 
subsection 4, without limit, each trustee appointed from the Town ·of Anson serves' an 
initial term specified in the appointment by the trustees of the Anson Water District as 
follows: one for a term that expires on November 15th of the year that is one year after 
the year in which the trustee was appointed, one for a term that expires on November 
15th of the year that is 2 years after the year in which the trustee was appointed and one 
for a term that expires on November 15th of the year that is 3 years after the year in that 
the trustee was appointed.' Notwithstanding the Maine Revised 8tatutes; Title 35-A, 
section 6410, subsection 4, the trustee appointed from the Town of Embden serves for an 
. initial term that expires on November 15th of the year that is one year after the year in 
which the trustee was appointed. 
Notwithstanding the Maine Revised Statutes, Title 35-A, section 6410, subsection 4, 
when the term of office of a trustee from the Town of Madison or ~om the Town of 
Anson expires, the trustee's successor is elected at large by a plurality vote of the voters 
of the district. Notwithstanding the Maine Revised Statutes, Title 35-A, section 6410, 
subsection 1, for the purpose of election, a special election must be called by the trustees 
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and held on the date of a statewide election held in the month of November in the year in 
which the term of office of the trustee ~xpires or, if there is no' statewide election in 
November 'that year, on a date established by' the trustees between November 1st and 
November 14th in the year i~ which the term of office of~he trustee expires. 
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Notwithstanding the Maine Revised Statutes, Title 35-A, section 6410, subsection 4, 
when the term of office of a trustee from the Town of Embden expires, the municipal 
officers of the Town of Embden shall appoint a successor trustee who must be a resident 
of the Town of Embden and who serves for a term that expires ,on November 15th of the 
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year after the year in which the term of the predecessor trustee expires. 
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2. Organization; conduct of business. Except as otherwise expressly provided in 
this Act,the organization and powers of the board of trustees must be in accordance with 
the Maine Revised Statutes, Title 35-A, chapter 64. 
Notwithstanding the Maine Revised Statutes, Title 35-A, section 6410, subsection 4, 
within 60 da"ys after .the date on which this Act takes effect for all purposes pursuant to 
section 8 of this Act, the trustees shall meet and organize by adopting a corporate seal and 
by electing a chair and a clerk from among them and by electing a treasurer who mayor 
may not be a trustee, all to serve until November '.l5th of the year. in which a trustee is 
elected pursuant to subsection 1 and until their successors are elected. 
Notwithstanding the Maine Revised Statutes, Title 35-A, section 6410, subsection 5, 
within 30 days afte~ November 15th of each year, the trustees of the district shall meet for 
the purposes of electing a chair and a clerk from among them and electing a treasurer who 
mayor may not be a trustee, all to serve for the ensuing year and until their successors are 
elected. 
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A quorum of the board of trustees is four trustees. 
.3. Bylaws. The trustees may adopt and establish such bylaws as are necessary or 
convenient for the management of the affairs of the district. 
4. Terms; vacancy. Trustees from the Town of Madison and the Town of Anson 
serve 3-year terms. The appointed trustee from the Town of Embden serves a one-year 
term. The successor of a trustee who is a resident of the Town of Madison must be a 
resident of the Town of Madison elected by the inhabitants of the district. The successor 
of a trustee who is a resident of the Town of Anson must be a resident of the Town of 
Anson elected by the inhabitants of the district. A trustee elected in anticipation of the 
expiration of the term of a trustee serves for a term that expires on November 15th of the 
year that is 3 years after. the year in which that trustee was elected. If the office of a 
trustee becomes vacant, the vacancy is filled in the same manner for the unexpired term 
by a special election called by the trustees of the district. When any trustee ceases 1'0 be a' 
resident of the town in which the trustee resided when appointed or when nominated and 
elected, the trustee shall vacate the office of trustee and the vacancy must be filled as 
provided in this subsection. A trustee is eligible for reelection; but a person who is a 
municipal officer of the Town of Madison or .the Town of Anson is not eligible for 
appointment or for nomination or election as a trustee. 
Sec. 6. Finance. Notwithstanding the Maine Revised Statutes, Title 35-A, section 
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6412, subsections 1 and 2 and section 64l3, the district, iri order to accomplish the 
purposes of this Act, by vote of its board of trustees and without district vote, is 
authorized to borrow money, including temporary borrowing, without limit, for the 
purposes of paying necessary expenses and Wlbilities incurred under this Act, acquiring 
properties, paying damages, laying pipes, mains, sewers, drains and conduits, purchasing, 
constructing, maintaining and operating a water system and making renewals, additions, 
extensions and improvements to that system and is authorized to issue, without limit, 
from time to time, bonds, notes or other evidences of indebtedness of the district in such 
amount or amounts, bearing interest at such rate or rates and having such terms and 
provisions as the trustees determine pursuant to this Act. In the case of a vote by the 
trustees to authorize bonds, notes or other evidences of indebtedness to pay for the 
acquisition of property, the cost of a water system or part of a water system, renewals or 
additions or for other improvements in the nature of capital costs, for renewing or 
refunding existing indebtedness or to pay for maintenance, repairs or current expenses, 
notice of the proposed debt and. of the general purpose or purposes for which it was 
authorized must be given by the district by publication at least once in a newspaper 
having circulation in the towns of Madison and Anson. 
Notwithstanding the Maine Revised Statutes, Title 35-A, section 6412, subsection 4, 
interest or dividends paid on bonds, notes or other evidences of indebtedness issued under 
this Act are exempt from taxation within the State, whether or not such income is subject 
to taxation under the United States Iiltemal Revenue Code, as amended. 
In addition to the authority set forth in the Maine Revised Statutes, Title 35-A, 
section 6416, all district funds, including reserve funds and trust funds to the extent that 
the terms of the instrument or vote creating the fund· do not prohibit, may also be 
deposited or invested by the treasurer under the direction of the trustees according to the 
requirements for the deposit or investment of municipal funds contained in the ·Maine 
Revised Statutes, Title 30-A, section 5706 and section 5712, subsections 1,2 and 3. 
Sec. 7. Transfer of assets and Diabilities of the Madison Water District 
and the Anson Water District. The district, through its trustees, shall acquire, in 
accordance with this section, all of the plants, properties, assets, franchises, rights and· 
privileges of the Madison Water District and the Anson Water District, including, without 
limitation, lands, buildings, waters, water rights, springs, wells, reservoirs, tanks, 
standpipes, mains, pumps, pipes, machinery, fixtures, ·hydrants, meters, services, tools, 
equipment, apparatus and appliances used or useful in supplying water for. domestic, 
commercial, industrial and municipal purposes and shall, by appropriate instruments, 
assume, in accordance with this section; all of the outstanding debts, obligations and 
liabilities of the Madison Water District and the Anson Water District, including, without 
limitation, the assumption of any outstanding bonds, notes or other evidences of 
indebtedness of the Madison Water District and the Anson Water District that are due on 
or after the date of trans·fer. 
The Madison Water District, a quasi-municipal corporation organized and existing 
pursuant to Private and Special Law 1913, chapter 121, as amended, and the Anson 
Water District, a quasi-municipal corporati·on organized and existing pursuant to Private 
and Special Law 1915, chapter 200, as amended, shall, through their respective trustees, 
assign, transfer and convey tq the district by appropriate instruments of conveyance all, 
and not less than all, of their respective plants, properties, assets, franchises; rights and 
privileges, including, without limitation,' lands, buildings, waters, water rights, springs, 
wells, reservoirs, tanks, standpipes, mains, pumps, pipes, machinery, fixtures, hydrants, 
meters, services, tools, equipment, apparatus and appliances used or useful in supplying 
water for domestic, commercial, industrial and municipal purposes; in .consideration of 
the assumption by the district of all of the outstanding debts, obligations and liabilities of 
the Madison Water District and the Anson Water District, including, without limitation, 
the assumption of any outstanding bonds,notes or other evidences of indebtedness of the 
Madison Water District and the Anson Water District that are due on or after the date of 
transfer. 
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The transfer by the Madison Water District and the Anson Water District to the 
district of their respective plants, properties, assets, franchises, rights and privileges, the 
assumption by the district of all of the outstanding debts, obligations and liabilities of the 
Madison Water District and the Anson Water District pursuant to this section and the 
subsequent use of the plants, properties, assets, franchises, rights and privileges by the 
district within the lirnit~ of the district are subject to the approval of the Public Utilities 
Commission as may be required by the Maine Revised Statutes, Title 35-A, Part 1. 
Promptly after completion of the transfer and assumption of assets and liabilities 
pursuant to this section, the Madison Water District and the Anson Water District shall 
cause to be filed with the Secretary of State a certificate of dissolution certifying the 
name of that district and that all assets of that district and all debts, obligations and 
liabilities of that district have been transfened to the district and that is signed by the 
chair or presiding trustee of that district and by the clerk, secretary or another officer of 
that district. Upon the respective filing dates of the certificates of dissolution of the 
Madison Water District andJhe Anson Water District, the existence of that district ceases. 
Sec. 8. 
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 pennitting its submission to the legal voters within the territory described in 
. section 1 of this Act at a referendum called for that purpose and held after May 1, 2009 
. but within 2 years after the effective date of this Act. The referendum must be called by 
the municipal officers of the respective towns and must be held· at the regular voting 
places. The referendum must be called, advertised and conducted according to the law 
relating to municipal elections. 
The registrars shall make a complete list of all the 
eligible voters of the proposed district as described in this Aqt. The list prepared by the 
registrars ·governs the eligibility of a voter. For the purpose of registration of voters, the 
registrars of voters must be in session the regular workday preceding the referendum. 
The subject matter of this Act is reduced to the following question: 
"Do you favor creating the Hancock Pond Water District and pennitting 
th~ Hancock Pon<;l Water District to acquire the assets and assume the 
liabilities of the Madison Water District and. the Anson 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 Madison and 
the Town of Anson and due certificate of the results filed by the clerk with the Secretary 
of State. 
This Act takes effect for all other purposes immediately upon its approval by a 
majority of the legal voters of each town voting at the referendum. 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 withln 2· years after the effective date of 
this Act. 
If, after May 1, 2009 but prior to approval of this Act, a referendum on the question 
specified in this section is held in accordance with this section and a majority of the legal 
voters of each town voting at the referendum cast vote;s in favor of the question and due 
certificate of the results are filed with the Secretary of State, this Act takes effect when 
approved. 
'SUMMARY 
This bill creates the Hancock Pond Water District, which is composed of the water 
districts of the towns of Madison and Anson. 
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