By Dawn De Busk

Staff Writer 

CASCO — The proposed ordinance is straight-forward, and not very splashy.

It would prevent companies — such as businesses that fill swimming pools — from extracting water from the lakes and ponds in the Town of Casco. The ordinance would apply to all commercial entities. 

The Water Extraction Ordinance would fall under the Land Use Ordinance. Going forward, it will end up as a warrant article at annual town meeting in June. Voting residents must approve it before it is put on the books as an official ordinance. 

The rules governing the removal of water from local lakes were discussed during a joint workshop of the Casco Board of Selectmen and the Casco Planning Board on Tuesday.

Casco Town Manager Tony Ward introduced the topic. Some the discussion included how to enforce the ordinance.

“What has come to the attention of the board this summer, and I will name the business that did it although there might be others: Splash would routinely go to Pleasant Lake, fill an 8,000-gallon tanker with water and then sell it,” Ward said.  

“If you know Maine law, the water is public property. It doesn’t belong to anyone,” he said. 

Water extraction ordinances in other municipalities have been challenged in court; and the court upheld the ordinance in the town’s favor, Ward said. 

The goal of the ordinance is to prevent any extraction of water from bodies of water in Casco. The ordinance applies to commercial-based entities. Businesses cannot draw water from lakes and ponds in Casco. However, a private resident is allowed to extract water for personal use, Ward said.

Last summer, “Holly Hancock on a weekly basis was counting the tankers going down there. It was 25 to 30 a week,” Ward said.

Selectman Scott Avery pointed out the fact that the extreme water-extraction was happening during a drought.

Some property-owner had wells running dry. The Pleasant Lake Dam did not have any water running over it, he said. Yet, the tankers were making a trip to the lake every day, he said.

“It doesn’t bother me if it is for someone who doesn’t have water in their well. If someone loses their well water, they should be able to fill up from the lake,” he said.

“Three-quarters of those trucks that were coming out of there were filling swimming pools. I would dare to guess,” Avery said. 

Planning Board member Lynne Potter said that this issue is not confined to last summer. It has been going on for years. 

“I live on Mayberry Hill. I come over the hill more than 5 years ago. They were pulling water out of there, one tanker at a time. I was wondering if we were getting any recompense for it,” Potter said. “For filling swimming pools or other commercial commercials — we don’t need it!”

Casco Chairwoman Mary-Vienessa Fernandes asked the million-dollar question. 

How will the town enforce the law, especially since the company has been accustomed to using the lake for years?  

“How do we enforce it? We don’t have anyone to sit there and watch them coming out all week,” Fernandes said. 

Casco Code Enforcement Officer John Wiesemann said the town could rely on neighbors to tip off the authorities.

“It would be whistleblower. Once it is approved, all the residents would know and keep an eye out,” Wiesemann said.  

The other way to address enforcement is to be proactive. 

Wiesemann suggested calling the companies and giving them a heads up about the town’s ordinance. 

Besides contacting the companies most likely to extract water, the town will put out signs by the lake and Parker Pond. 

During the summer, a milfoil inspector is on site and that person could be asked to keep track of water-tankers, Potter suggested.

Planning board member Stan Buchanan asked if there was a fine.

Ward said yes although he did not say how much it was.

“I would suggest we see how much they charge to fill the pool and base our fine on that,” Potter said.

Avery spoke up

“I wonder how many swimming pools in Raymond are being filled with water from Casco,” he said. 

CEO Wiesemann asked if there was a waiver if a landowner needed 100 gallons to fill the well.

Ward stressed that the ordinance only prohibits extraction of water for commercial use.