Letter: Is the water contract a good deal? (July 18, 2008)
Editor:
I am very concerned with the Kennebunk, Kennebunkport and Wells Water District (KKWWD) entering into a 30 year Nestle contract. I reviewed the contract (“Agreement”) as a lay person and here are some of my concerns and questions.
On Page 2-E, the agreement says, “Poland Springs will have the right and the obligation, at Poland Spring’s sole expense to design, install, operate and maintain spring water collection facilities and equipment at the Springs, as well as pipelines and other transmittal and distribution facilities and equipment at the Springs and over, under and across the Leased Premises (collectively, together with the Loading Station, the “Facilities”).” What specific control does the water district have on the land and water “over, under and across?”
On Page 1 and 2 – C, the contract says … “for the initial phase of development.” What are the other phases of development over the next 30 years? What are the safeguards on future developments to come? Once a large multinational company with a market share of one third of the U.S. bottled water market starts another phase of development, how do you stop them since on page 19 the “district agrees to cooperate with Poland Springs and oppose legal challenges.”
On Page 2-D, the agreement says, “Poland Springs wishes to purchase from the district, from time to time up to the amounts of spring water which may be lawfully extracted from the Springs owned by the district (but in no case in excess of 300 gallons per minute, averaged over any consecutive twelve (12) month period. What does average mean? Does this mean if the bottled water use is the highest in the summer and Nestle can pump their total allocation just in those summer months and very little in the other months, then it will average over the 12 month period 300 gallons per minute? The district’s water needs double and triple in July and August also. What controls does the district put on water extraction in these key months?
On Page 10- (e) Right to Suspend: “The district should have the right from time to time to suspend or reduce the sale of spring water from the Springs to Poland Spring….for a period not to exceed sixty (60) days, in the event and to the extent, on the basis of significant credible evidence, that the district reasonably deems such action to be necessary in order to end, shorten or ameliorate a short term water shortage or other emergency.”
Why does the district have to show “significant credible evidence?”
What if there is a drought of more than 60 days of low water supplies over this 30-year period?
A precious natural resource is at stake and not worth the consequences over 30 years.
Go to www.myspace.com/protect_branch_brook to read the full contract and for more information.
Ann Sullivan
Kennebunkport
I am very concerned with the Kennebunk, Kennebunkport and Wells Water District (KKWWD) entering into a 30 year Nestle contract. I reviewed the contract (“Agreement”) as a lay person and here are some of my concerns and questions.
On Page 2-E, the agreement says, “Poland Springs will have the right and the obligation, at Poland Spring’s sole expense to design, install, operate and maintain spring water collection facilities and equipment at the Springs, as well as pipelines and other transmittal and distribution facilities and equipment at the Springs and over, under and across the Leased Premises (collectively, together with the Loading Station, the “Facilities”).” What specific control does the water district have on the land and water “over, under and across?”
On Page 1 and 2 – C, the contract says … “for the initial phase of development.” What are the other phases of development over the next 30 years? What are the safeguards on future developments to come? Once a large multinational company with a market share of one third of the U.S. bottled water market starts another phase of development, how do you stop them since on page 19 the “district agrees to cooperate with Poland Springs and oppose legal challenges.”
On Page 2-D, the agreement says, “Poland Springs wishes to purchase from the district, from time to time up to the amounts of spring water which may be lawfully extracted from the Springs owned by the district (but in no case in excess of 300 gallons per minute, averaged over any consecutive twelve (12) month period. What does average mean? Does this mean if the bottled water use is the highest in the summer and Nestle can pump their total allocation just in those summer months and very little in the other months, then it will average over the 12 month period 300 gallons per minute? The district’s water needs double and triple in July and August also. What controls does the district put on water extraction in these key months?
On Page 10- (e) Right to Suspend: “The district should have the right from time to time to suspend or reduce the sale of spring water from the Springs to Poland Spring….for a period not to exceed sixty (60) days, in the event and to the extent, on the basis of significant credible evidence, that the district reasonably deems such action to be necessary in order to end, shorten or ameliorate a short term water shortage or other emergency.”
Why does the district have to show “significant credible evidence?”
What if there is a drought of more than 60 days of low water supplies over this 30-year period?
A precious natural resource is at stake and not worth the consequences over 30 years.
Go to www.myspace.com/protect_branch_brook to read the full contract and for more information.
Ann Sullivan
Kennebunkport
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