PORTLAND (AP) – The owner of several hydroelectric dams on the Presumpscot River that provide electricity for the company’s paper mill is headed before the U.S. Supreme Court this week, arguing that S.D. Warren Co. should not be required to get permits just because water flows through the dams.

Thirty-four states and Puerto Rico, the Bush administration, and numerous environmental and industry groups have filed written arguments.

Maine and its supporters say the federal Clean Water Act gives states authority over discharges into their waters, including dams that release water to generate power.

S.D. Warren contends the dams do not constitute discharges.

“The water that comes into a dam and the water that comes out of the dam is the same. We don’t put anything into it. We don’t take anything out of it. We just use the water to generate power,” said Jeff Pina, director of corporate communications for the mill in Westbrook.

The Maine Supreme Judicial Court ruled in the state’s favor a year ago, and S.D. Warren appealed. The dispute involves the Saccarappa, Mallison Falls, Little Falls, Gambo and Dundee dams.

The Presumpscot runs 25 miles from Sebago Lake to Casco Bay and flows through eight dams, none of which have fish ladders or elevators. The river was the site of the state’s first mills.

The Office of the Solicitor General within the Bush administration has joined the debate on Maine’s side. Maine Attorney General Steven Rowe is expected to set aside 10 of his 30 minutes for argument for an assistant solicitor general on Tuesday.

Maine has about 125 licensed dams.

“The impacts are really large because, in the last 10 years, it’s been the states who are quite aggressive in trying to really mitigate some of the very damaging ecological effects,” said Ronald Kreisman, a Hallowell-based attorney for American Rivers. The group filed arguments supporting the state.

Information from: Portland Press Herald, http://www.pressherald.com

Copy the Story Link