FARMINGTON – A Superior Court justice upheld the Maine Land Use Regulation Commission’s decision to issue a permit to Nestle Waters North America Inc. to build and operate a commercial water extraction station off Redington Road in Dallas Plantation.

Rangeley Crossroads Coalition, which is made up of individuals and several groups, including Rangeley Lakes Chamber of Commerce, filed an appeal April 12, 2006, of LURC’s March 13, 2006, decision to grant the permit.

LURC regulates land matters for more than 10 million acres in Maine’s unorganized townships.

Under LURC’s permit, Poland Spring Water Co., a subsidiary of Nestle, is allowed to extract up to 184 million gallons of water annually from Rangeley Water District’s aquifers.

The extraction would occur at two pumping stations, each protected by 10-foot by 18-foot buildings. After extraction, the water would be stored in two 35-foot tall storage silos prior to delivery to Poland Spring’s bottling plants in Hollis, Poland Spring and Kingfield. The permit also allows the company to have up to 100 tanker trips per day to and from the facility, which is on a 1,000-acre parcel of land. The truck route covers portions of Route 4 and 16.

The coalition argued in its appeal that LURC’s decision was legally erroneous and the zoning regulation upon which LURC based its decision is unconstitutionally vague.

Sarah McDaniel, attorney for the petitioners, argued April 13 when the appeal was heard by Justice Joseph Jabar in Franklin County Superior Court in Farmington, that Poland Spring’s use of the land is an industrial and commercial use not allowed in the management district where it is located.

Another concern of petitioners is the increased truck traffic the pumping station draws to the area, which is known for its tourism and recreation.

In Jabar’s decision dated May 29, he wrote that, “Because LURC authorized the proposed water extraction facility based on reasonable interpretations of its own zoning law and reached the decision based on substantial evidence in the record, the court affirms the decision.”

Jabar’s decision states LURC’s decision was not legally erroneous, arbitrary and capricious, or unsupported by substantial record evidence. LURC properly held that the water extraction facility was allowed in the proposed site’s zoning classification.

The document also state’s the facility is consistent with the purposes of the Rangeley Plan and that LURC did not err by finding that the facility satisfied the applicable traffic safety standard.

Jeff Pidot, a Maine deputy attorney general, said, “The court’s decision speaks for itself.”

“We’re pleased but not surprised. It’s good to get this behind us,” Tom Brennan, a representative of Poland Spring, said of the decision.

McDaniel, the coalition’s lawyer, was not available for comment Monday.