Judge weighing groundwater cases Poland Springs bottling company seeks to expand western Maine operations

PARIS – A judge plans further deliberations before handing down his rulings in two cases arising from efforts by the Poland Spring bottling company to expand its groundwater operations in western Maine.

Justice Roland Cole took the cases under advisement after the close of arguments Friday in Oxford County Superior Court.

The cases are an outgrowth of efforts by Poland Spring’s parent, Nestle Waters North America, to tap more groundwater sources and build additional facilities. Critics cite concerns about increased truck traffic and the impact on the aquifer.

In one case, Nestle Waters is challenging Fryeburg’s denial of a permit to construct a facility where 50 trucks a day can fill up with water pumped from an aquifer in Denmark.

The other case was brought by a landowner who appealed a decision by Denmark to allow Poland Spring to pump 105 million gallons of water a year to Fryeburg’s proposed load-out facility.

In the Fryeburg dispute, the town board of appeals found that Nestle Waters failed to prove that the facility would not have a negative impact on property values or on the use and enjoyment of neighboring land.

The judge’s options include upholding the appeals board decision, upholding an earlier decision by the planning board in favor of Nestle Waters or sending the case back to the planning board where it would be heard anew.

In his final statement, Cole indicated that the case was not likely to be resolved quickly.

“I view this as the third inning of a nine-inning ball game. It’s got a long way to go,” he said.

Stephen Griswold brought the Denmark appeal. He owns property on Long Pond next to Poland Spring’s pump site.

Griswold argued that selectmen granted the pumping permit before the adoption of monitoring standards that would halt pumping if levels dropped in test wells and nearby bodies of water.