Denmark decision on water is upheld


PORTLAND (AP) – The state supreme court on Tuesday upheld a decision by the town of Denmark allowing Poland Spring to pump 105 million gallons of water a year to a proposed facility in nearby Fryeburg.

But the issue is far from resolved because the Supreme Judicial Court declined Tuesday to rule on the facility in Fryeburg, also a subject of litigation.

Fryeburg’s Planning Board gave approval for the facility including a pipeline and silo to be built, but an appeals panel scrapped the plan. A later ruling by a judge kept the project alive, and the supreme court on Tuesday declined to intervene.

That leaves the matter with the Fryeburg Planning Board.

The Denmark action was brought by a landowner who challenged the selectmen’s decision to grant a permit for Poland Spring for large-scale water withdrawals.

Stephen Griswold argued that selectmen granted the pumping permit prior to the adoption of monitoring standards that would halt pumping if levels dropped in test wells and nearby bodies of water. But the supreme court said selectmen followed local ordinances.