I have formally requested DEP dismiss Pleasant Pond Mill LLC’s petition for release from dam ownership on the basis that they lack sufficient property rights in the dam to transfer it in accordance with the provisions of the statute. MRS Title 38, Chapter 5 §906 (2) “Property rights transferred” clearly states what property and property rights need to be included in the conveyance of a dam. These explicitly include flowage rights. Pleasant Pond Mill LLC does not own the flowage rights. Aquafortis Associates owns the flowage rights. Aquafortis Associates LLC has made no statement about their intent to throw in the flowage rights if and when the dam is transferred.
Some of you will recall that when I filed the Clary Lake water level petition, I named both Pleasant Pond Mill LLC and Aquafortis Associates LLC as parties to the petition for the very reason that Aquafortis Associates LLC owned the flowage rights and that these rights are crucial to the operation of the dam. Despite vigorous protests on the part of Pleasant Pond Mill LLC and their counsel to have Aquafortis Associates LLC removed from the proceedings, DEP upheld my decision to include them in the petition and they remain today parties at interest in that petition. As they should be.
I have no idea if DEP will grant my request to dismiss the petition, but regardless, at least anyone considering taking ownership of the dam will be on notice. Caveat Emptor: Buyer beware.