An Act To Create the Anson and Madison Water District
Maine Legislature, Session 125, LD 0890
Committee: Energy, Utilities and Technology
Sponsors: CURTIS, WHITTEMORE, DUNPHY

Legislative Document 
No. 890 
H.P. 657 
House of Representatives, March 7, 2011 
An Act To Create the Anson and Madison Water District 
(EMERGENCY) 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CURTIS of Madison. 
Cosponsored by Senator WHITTEMORE of Somerset and 
Representative: DUNPHY of Embden. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the residents of the towns of Madison and Anson are in immediate need 
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 
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 "Anson and Madison 
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, Title 35-A, chapter 64, and is 
authorized to perform 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. 
Sec. 3.  Authority to take water and locate, construct and maintain dams, 
reservoirs, pipes, aqueducts and other structures 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 forth 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 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.  Pursuant 
to 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 and replace all pipes, aqueducts, fixtures and other structures and 
improvements within the Town of Embden necessary or convenient for accomplishing 
the purposes of this section. 
Sec. 4.  Additional powers; eminent domain.  Notwithstanding the Maine 
Revised Statutes, Title 35-A, section 6404; section 6405; section 6406; section 6408, 
subsection 2; and section 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, to the Superior Court of Somerset County.  The court 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 shall 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: 4 
residents of the Town of Madison and 3 residents of the Town of Anson. 
1. First 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.  
Within 30 days after the ratification of the referendum and pursuant to section 8 of this 
Act, the 3 trustees of the Madison Water District serving on the effective date of this Act, 
all of whom are residents of the Town of Madison, must be nominated to serve on the 
first board of the district for terms that coincide with the remainder of their terms on the 
Madison Water District.  Subsequent trustees are elected to 3-year terms according to 
Title 30-A, section 2528.  The 4th trustee of the Anson and Madison Water District from 
the Town of Madison must be a resident of the Town of Madison and is elected at large at 
a special election at a date and time called by the 3 trustees of the Madison Water 
District.  The election must be held as soon as is convenient after ratification of the 
referendum, but may not exceed one year from the date of the referendum and must be 
conducted according to Title 30-A, section 2528. 
Within 30 days after the ratification of the referendum and pursuant to section 8 of this 
Act, the 3 trustees of the Anson Water District serving on the effective date of this Act, 
all of whom are residents of the Town of Anson, must be nominated to serve on the first 
board of the district for terms that coincide with the remainder of their terms on the 
Anson Water District.  Subsequent trustees are elected to 3-year terms according to Title 
30-A, section 2528. 
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 
Title 35-A, chapter 64. 
Notwithstanding Title 35-A, section 6410, subsection 4, within 30 days after the 
ratification of the referendum, the trustees shall hold a meeting for the purpose of electing 
a chair, treasurer and secretary from among them to serve for one year and until their 
successors are elected and qualified. 
A quorum of the board of trustees consists of 4 members, 2 from the Town of Anson and 
from the Town of Madison. 
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; eligibility requirements; vacancy.  Notwithstanding any provision in 
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 
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 Town of Madison.  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 Town of Anson. 
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 
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 
6412, subsections 1 and 2 and section 6413, the district, in 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 liabilities 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; to pay the cost of a water system, part of a water system or 
renewal of or additions to a water system or for other improvements in the nature of 
capital costs; to pay for renewing or refunding existing indebtedness; to pay for 
maintenance or repairs; or to pay 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 Town of Madison and 
the Town of Anson. 
Notwithstanding 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 Internal Revenue Code, as amended. 
In addition to the authority set forth in 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 Title 30-A, section 5706 and section 5712, 
subsections 1, 2 and 3. 
Sec. 7.  Transfer of assets and liabilities 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 transfer. 
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 corporation organized and existing pursuant to Private 
and Special Law 1915, chapter 200, as amended, shall, through their respective trustees, 
assign, transfer and convey to 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. 
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 limits 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 
each 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 transferred to the Anson and Madison Water 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 and the 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 permitting 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, 2011 
but within 2 years after the effective date of this Act. Each 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 Act. 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 Anson and Madison Water District and 
permitting the Anson and Madison Water District to acquire the assets 
and assume the liabilities of the Madison Water District 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 within 2 years after the effective date of 
this Act. 
If after May 1, 2011, referenda on the question specified in this section are held in 
accordance with this section and a majority of the legal voters of each town voting at the 
referenda cast votes 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 Anson and Madison Water District, which is composed of the 
Anson Water District and the Madison Water District.