Dam control at issue; Manchaug district sought.

Byline: Steven H. Foskett Jr.

DOUGLAS - When Guilford of Maine announced last year it would close its plant in the former Hayward-Schuster Woolen Mill on Gilboa Street, the decision cast uncertainty over control of the dam that spans the Mumford River across from the mill.

Among those concerned about the dam, which was part of the Guilford plant, was the Manchaug Pond Association, made up of residents who live on the shore of the pond, which feeds the Mumford and straddles the Douglas-Sutton line.

Selectmen from the two towns, association representatives and a lawyer working with the association last night discussed the association's efforts to create a Manchaug Pond watershed district.

According to Walter Jabs, lawyer for the Manchaug Pond Association, the group recently held a vote among pond-area residents who support pursuit of the district designation. Such a district could levy a tax on residents living within its boundaries to raise money for anything from beach restoration and boat ramp construction to buying and maintaining a dam.

In response to a question from Sutton Selectman Kevin M. Geraghty to association President David Schmidt, association members last night stressed that buying the Guilford dam was not their sole reason for wanting to create the district. Mr. Jabs cautioned Mr. Schmidt against answering the question, but there seemed to be an understanding between the group and the selectmen that obtaining control of the dam was a key reason.

Mr. Jabs said allowing residents who live around the pond to control the dam, which affects the water level of the pond, was in the best interest of both towns. He said a private party who comes in and buys the dam would likely have an economic interest in making the purchase, while the pond association's motives would be to preserve and maintain the pond.

Mr. Geraghty asked why pond-area residents have not stepped up and provided the funds to buy the dam without creating an association.

Mr. Jabs said that in his experience, those types of efforts fail because interest in actually purchasing a dam is small, and

operating and maintenance costs are not fully understood at the time of the purchase. He said establishing a district and regular taxation - which would be in addition to property taxes paid to each town - would allow residents to maintain the dam to a high standard and place liability issues within the district itself. He said residents and association members have supported the pursuit of district status.

Mr. Schmidt said the 40-year-old association was created to preserve the welfare of the pond, but said the pond's needs have outgrown the association's ability to support its own efforts. "We need to move up to the 21st century," he said.

Estimates of dam maintenance by a similarly created district in Leicester, he said, show district homeowners might end up paying an extra 80 cents per $1,000 assessed value, although he said that rate estimate does not include the initial dam purchase.

Selectmen asked how possible changes in flow would affect the Douglas wastewater treatment plant, which uses water from the Mumford River. Mr. Jabs said that not much would change.

Town officials also asked how the district might use eminent domain, and what its recourse would be in the case of a catastrophic failure of the dam.

Sutton Selectman Ryan Fattman questioned the reliability of the vote by residents to support the association, and said he wondered if everyone who lives in the area that would be affected was fully represented.

Some residents who attended the workshop were skeptical, and others simply wanted more information. William Roach of Sutton, who lives in the proposed district area, said he didn't see the benefit of creating the district to buy a dam. "If it was on a secret ballot, I'd vote against it," he said.

Mr. Jabs said the state Legislature would have to approve an act to create the district. He said the association has approached officials in Douglas and Sutton for political support to convince lawmakers that the district will be a good fit for the pond.

Douglas Selectman Paula Brouillette said she didn't necessarily disagree with the group's intentions.

"We just want to make sure we're doing due diligence on this," Ms. Brouillette said.