An Act To Create the Hancock Pond Water District
Maine Legislature, Session 124, LD 1318
Committee Amendment CA_A_H303 (House)

COMMITTEE AMENDMENT "Pt" to H.P. 921, L.D. 1318, Bill, "An Act To 
Create the Hancock Pond Water District" 
Amend the bill in section 2 by .striking out all of the last sentence (page I, lines 21 to 
in L.D.) 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec. 3. Authority to take water and locate, construct and maintain dams, 
reservoirs, pipes, aqueducts and other stru.ctures and improvements. 
Notwithstanding any provision in the Maine Revised Statutes, Title 35-A, section 6404 to 
the contrary, the district has the power and authority to take, hold and convey water and 
to locate facilities as set fOl1h in this section. The district is authorized to take, to hold and 
to convey within the Town of Madison and the Town of Anson and from any part 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. Pursuant to Title 35-A, section 6403, subsection 2, paragraph D, 
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 those ponds and that stream. The district is 
authorized 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. Pursuant to the Maine Revised 
Statutes, Title 35-A, section 6403, subsection 2, paragraphs F andG, 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. 
Pursuant to the Maine Revised Statutes, Title 35-A, 
section 6403, subsection 2, paragraph F, the district is authorized to lay in or through the 
streets and highways of the Town of Embden, and to maintain, operate, take up, repair 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "r'!'" to I-J.P. 921, L.D, 1318 
and replace all pipes, aqueducts, fixtures and other structures and improvements within 
the Town of Emden necessary or convenient for accomplishing the purposes of this 
section.' 
Amend the bill in section 5 by striking out all of subsection 1 and inseliing the 
following: 
'1. FiR'st board; nominations and elections. Notwithstanding any provision in the 
Maine Revised Statutes, Title 35-A, section 6410, subsections 1, 2, 3 and 4, to the 
contrary, the nomination, appointment and election of trustees and the appointment and 
terms of office of the first board of trustees are authorized by this subsection. The first 
board of trustees of the district is appointed. 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. 
Each trustee appointed from the Town of Madison to the first board 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. Each trustee appointed from the Town of Anson to the first board 
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 theyear 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. The trustee appointed from the Town 
of Embden to the first board 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. 
When the term of office of a trustee from the Town of Madison or from the Town of 
. Anson expires, the trustee's successor is elected at large by a plurality vote of the voters 
of the district. 
For the purpose of election, a special election must be called by the 
trustees and held on the date ofa statewide election held in the month of November in the 
ye~r in which the term of office of the trustee expires or, if there is no statewide election 
in November that year, on a date established by the trustees between November 1 st and 
November 14th in the year in which the term of office of the trustee expires. 
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 
year after the year in which the term of the predecessor trustee expires.' 
Amend the bill in section 5 by striking out all of subsection 4 and inseliing the 
following: 
COMMITTEE AMENDMENT 
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~OMMITrEE AMENDMENT'"n" to H.P. 921, L.D. 1318 
'4. Terms; eligibility requirements; vacancy. Notwithstanding any provision in the 
Maine Revised Statutes, Title 35-A, section 6410, subsections 1, 3 and 4 to the contrary, 
the terms of trustees, eligibility requirements and filling of vacancies are authorized by 
this subsection. 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 sllccessor 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 to 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.' 
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SUMMARY 
This amendment makes the following changes to the bill. 
I. 
It removes the provision in the bill that authorizes the Hancock Pond Water 
District to provide sewerage services. 
2. It makes technical changes to clarify language and to correct cross-references to 
the Standard Water District Enabling Act within several sections of the bill, specifically 
in the section regarding the powers of the district to take water, construct and maintain 
necessary infrastructure and to supply water and in the section regarding the board of 
trustees, including the nomination and election of trustees, the first board, terms of office 
and eligibility requirements. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05114/09 MaC!. 
LD 1318 
LR 1084(02) 
An Act To Create the Hancock Pond Water District 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
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Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscai Detail and Notes 
Additional costs to the Public Utilities Commission associated with establishing a new regulated utility can be 
absorbed within existing budgeted resources. 
LRI084(02) - Fiscal Note - Page 1 of I 
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