Eminent domain taking looms for West Winterport dam

A defining moment in the controversy over the proposed removal of the West Winterport dam is rapidly approaching. The towns of Winterport and Frankfort have called special town meetings on Jan. 24 and 26, respectively, to decide whether to take the dam by eminent domain. Our group FISH (Facilitators Improving Salmonid Habitat) is opposed to an eminent domain taking and cautions voters to fully understand the costs associated with this action. Unfortunately, we believe misinformation and rhetoric is clouding a river restoration project that will benefit both the towns and the environment.

FISH has been accused of being a well-funded, out-of-state group seeking to remove every dam in Maine. In fact, we are a local, small, volunteer organization working in the Penobscot watershed with individuals from Winterport, Hampden, Brewer and Old Town. Our mission is to restore rivers and their migratory fish populations. We do this in two ways.

Where appropriate, we work on fish passage solutions such as fish ladders and culvert improvements. Elsewhere, we work on removing small dams as evidenced by our successful restoration of nearby Souadabscook Stream. We believe that the removal of the West Winterport dam on Marsh Stream will lead to the restoration of its native and migratory fish populations that once defined this small tributary of the Penobscot River.

FISH only works with willing dam owners. The West Winterport dam has become an economic liability to the owner since he lost his contract to sell the very small amount of power the dam once produced. Now, someone has to pay for either owning the dam or taking it out.

Dam ownership means ongoing financial and legal liabilities. If Winterport and Frankfort succeed in taking the dam by eminent domain against the will of the owner, they will be required to compensate him with the fair market value of the property. Once they own the dam, they will be responsible for bringing the dam back up to code, paying for liability insurance, and the ongoing maintenance and daily clearing of debris from the fishway and headgates. Based on an appraisal of the property and other expenses associated with the taking, we believe the costs to the town could well exceed $100,000 in the first year. The real cost will come when structural improvements are required to this 54-year-old dam. The citizens of Winterport and Frankfort are entitled to a fair accounting of these costs from their Selectmen.

The accusations that FISH has ignored the town’s concerns with fire protection, flood control, and ice jamming could not be more wrong. In fact the town of Winterport refused our invitation to participate in independent engineering studies and failed to offer any alternatives to our proposed solutions.

An engineering firm, hired at FISH’s expense identified a suitable location for a dry fire hydrant just below the dam site in Winterport. The pumping capacity of 600 gallons per minute exceeds all state requirements for fire protection. FISH has offered to pay for the hydrant along with the construction of a fire garage on the site to further enhance the town’s fire fighting capacity.

As for flooding, and ice jams, analysis by the Natural Resource Conservation Service concluded that the removal of the dam would lower the frequency of flooding and the Department of Transportation review did not see any significant impacts of dam removal on the bridge downstream from the dam. We have gone even further by hiring an engineering firm to conduct a more in depth study of flooding and ice jams.

The towns of Frankfort and Winterport have had full notice and access to each of the regulatory processes FISH has been required to complete. To remove the dam, permits are needed from the Federal Energy Regulatory Commission, the Army Corps of Engineers and the Maine Department of Environmental Protection. Additionally, agency reviews were required from the Department of Fisheries and Wildlife, the Department of Marine Resources, the Department of Environmental Protection and the Atlantic Salmon Commission. Every resource agency has commented in favor of dam removal citing among other improvements, better habitat for native brook trout, restoration potential for several species of migratory fish and improved water quality.

FISH has an excellent track record of restoring tributaries in the Penobscot watershed. Up to now, all our efforts have been cooperative and without controversy. At the upcoming town meetings, we hope the residents of Winterport and Frankfort will recognize that the removal of the West Winterport dam is in the best interest of their community and the environment.

This commentary was submitted by Mike Butler of Old Town, Bucky Owen of Orono, and John Dimond of Hampden.