An Act To Create the New Gloucester Water District
Maine Legislature, Session 125, LD 1703
Committee: Energy, Utilities and Technology
Sponsors: ESPLING, SNOWE-MELLO, NUTTING

Legislative Document 
No. 1703 
H.P. 1255 
House of Representatives, December 23, 2011 
An Act To Create the New Gloucester Water District 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2011.  Referred to the Committee on 
Energy, Utilities and Technology pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative ESPLING of New Gloucester. 
Cosponsored by Senator SNOWE-MELLO of Androscoggin and 
Representative: Speaker NUTTING of Oakland. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, hydrocarbon, salt and chloride contamination has been identified in New 
Gloucester's Upper Village and this poses a serious threat to the health and well-being of 
the inhabitants of the area; and 
Whereas, an adequate supply of pure water is essential to the health and well-being 
of the inhabitants of the Town of New Gloucester; 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 New Gloucester described as 
follows and its inhabitants constitute a standard district under the name "New Gloucester 
Water District," referred to in this Act as "the district":  Beginning at the intersection of 
Bald Hill Road and I-95, southeast along Bald Hill Road to the intersection with Sawyer 
Road. North along Sawyer Road to the northwest corner of Map 10 Lot 43. Southeast 
along the property line to the south corner of Map 10 Lot 43-C, located on the west side 
of Lewiston Road. North along Lewiston Road to the north corner of Map 10 Lot 63-A, 
located on the east side of Lewiston Road. Southeast along the property line to the east 
corner of Map 10 Lot 65, located on the west side of Peacock Hill Road. Across Peacock 
Hill Road to the southwest corner of Map 10 Lot 72, located on the east side of Peacock 
Hill Road. Southeast along the property line to the northeast corner of Map 11 Lot 21, 
including that portion of Map 10 Lot 72 extending below the north property line of Map 
Lot 21. Southwest along the property line to the southeast corner of Map 11 Lot 79, 
located on the north side of Gilmore Road. Southeast along Gilmore Road to the 
intersection with Hatch Road. Southwest along Hatch Road to the intersection with Rowe 
Station Road. Southeast along Rowe Station Road to the intersection with Hobbs Drive. 
Southwest along Hobbs Drive to the southeast corner of Map 11 Lot 8-A2. West along 
the south property line of Map 11 Lot 8-D to the southwest corner of Map 11 Lot 8-D, 
located on the east side of Intervale Road. Northwest along Intervale Road to the east 
corner of Map 11 Lot 16. Southwest along the property line to the south corner of Map 11 
Lot 17. Northwest along the property line to the west corner of Map 11 Lot 20-A, located 
on the east side of Lewiston Road. North along Lewiston Road to the southeast corner of 
Map 18 Lot 20-A, located on the west side of Lewiston Road. Northwest along the 
property line to the southwest corner of Map 10 Lot 84, located on the east side of Snow 
Hill Road, and including that portion of Map 6 Lot 48 located north of the south property 
line of Map 10 Lot 8-A. West across Snow Hill Road to the south corner of Map 10 Lot 
10-C, located on the west side of Snow Hill Road. Northwest along the property line to 
the Royal River. Southwest along the Royal River to the intersection with I-95. North 
along I-95 to the point of the beginning located at the intersection of Bald Hill Road. 
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 except as otherwise provided in this Act 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.  Power to take water and locate, construct and maintain 
reservoirs, pipes and other structures and improvements.  The district is 
authorized to take water from any surface or groundwater source within the territory 
described in section 1 of this Act and to hold and to convey water within the territory 
described in section 1 of this Act.  The district may also, for the purposes of its 
incorporation, locate, construct and maintain pipes, wells, reservoirs, pumping stations, 
treatment plants and other necessary structures and equipment and take any action 
necessary to furnish water for those purposes and for the public health, safety, comfort 
and convenience of the inhabitants and others of the district. 
Sec. 4.  Number of trustees.  The board of trustees of the district is composed of 3 
trustees.  A trustee must be a resident of the Town of New Gloucester but need not reside 
in a household to which the district's service is provided. 
Sec. 5.  First board.  The first board is appointed by the municipal officers of the 
Town of New Gloucester 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 appointment of the first board, trustees are 
elected to 3-year terms. 
Sec. 7.  Emergency clause; referendum; effective date.  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 and held for that 
purpose, except that this Act takes effect immediately upon its approval if the following 
question has been approved by a majority of the legal voters within the territory described 
in section 1 of this Act at a referendum called and held prior to approval of this Act.  
Even if the municipality has not accepted the secret ballot voting, the election must be 
called, advertised and conducted according to the law relating to municipal elections, 
including the Maine Revised Statutes, Title 30-A, section 2528, except that the registrar 
of voters is not required to prepare or the clerk to post a new list of voters.  For the 
purposes 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 New Gloucester 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 New 
Gloucester 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 voting at the election.  Failure to achieve the necessary 
approval in any referendum does not prohibit subsequent referenda consistent with this 
section. 
SUMMARY 
This bill creates the New Gloucester Water District.