In a recent phone call to chairman Greg Huang-Dale of the Fryeburg Water District, Selectman Rick Eastman apologized for "not doing [his] homework" regarding the town's ability to call for a vote to dissolve the FWD board of trustees.  Damon Steer's article in the March 17 edition of the Conway Daily Sun reported on Selectman Eastman's call for an article in the town warrant to dissolve the Fryeburg Water District.  
Eastman's apology came as a result of a review of the laws which gives no power of jurisdiction over the Water District to the town of Fryeburg officials.  The Fryeburg Water District is set up as a distinct quasi-municipal board with specific responsibilities to the residents of the water district and customers of the Fryeburg Water Company.  Only the Water District board itself may call for a vote of dissolution.
As reported in the Daily Sun article by Damon Steer, the district brought this to a vote in 2015 and citizens voted strongly in favor of keeping the board viable and active - 299 in favor of the district and 160 opposed.  The sitting board of Trustees for the Water District do not intend to call a vote again so soon after resounding support was given.  

Conway Daily Sun 8/15/16
By Daymond Steer
SACO, Maine — Maine Water Co. has reached an agreement with Fryeburg Water Co.to take over serving the water utility's 850 public water customers in Fryeburg, Maine, and East Conway.
As of Monday, Maine Water started operating and maintaining the public water system, including customer service, billing and accounting.
According to a letter Maine Water sent to Fryeburg Water customers, rates will stay the same.
The agreement expires March 31, 2017, unless it's extended by both parties. All day-to-day water treatment, distribution and maintenance of the water system will be Maine Water's responsibility, in compliance with water quality rules and regulations.
"The Fryeburg Water Co. has simply elected to hire Maine Water Co. to manage their utility operation in response to recent staff changes," Maine Water Vice President of Operations Rick Knowlton said in a statement released last week, adding that Fryeburg Water Co. will continue to own and be responsible for Fryeburg's water system.
"Maine Water Co. staff will operate the Fryeburg water system in accordance with all applicable federal, state and local laws and rules, and will report to the board of directors of the Fryeburg Water Co," he said.
Judy Wallingford, president of Maine Water, said: "All of us at Maine Water are looking forward to serving the Fryeburg Water Co. customers. ... We appreciate the Fryeburg Water customers' patience as we work through the transition."
Maine Water will read meters, issue water bills and process payments for customers, as well as handling customer calls and inquiries.
Fryeburg Water customers will connect with the Maine Water customer service center in Saco through an 800 number.
Referring to "recent personnel changes," Jean Andrews, vice president of Fryeburg Water, said that "engaging with Maine Water as a management company is a good solution for our customers and communities.
"Maine Water can provide continuity of service and meet the public health and safety needs of the community," she said. "Maine Water has a deeper bench of employees to call upon to operate the water system, and it can offer additional billing and payment services for our customers."
Asked for comment, Andrews deferred to Knowlton.
Knowlton said Andrews is no longer a full-time employee of Fryeburg Water Co. but now works for a local school district. He said water operator Eric Belcher has also moved on.
But George Weston remains president of Fryeburg Water. John Hastings continue to serve on Fryeburg Waters board of directors and be a shareholder but will no longer have any day-to-day responsibilities.
Each Fryeburg Water Co. customer was mailed a letter with details about the transition, customer service contact information and new services available.
Maine Water serves 32,000 customers, or a population of 100,000, in over 20 communities throughout the state of Maine.
In a phone interview, Knowlton confirmed that Maine Water can run the system within Fryeburg Water Company's existing rate structure.
Asked about Fryeburg Water Co.'s long-term agreement with Nestle Waters for water from Fryeburg's aquifer, Knowlton said Fryeburg Water would continue to serve Nestle but Maine Water would do the operational oversight and administration of the agreement.
Maine Water's involvement would not change anything between Fryeburg Water Co. and Nestle Waters, he said.
In May, the Maine Supreme Judicial Court upheld the Public Utility Commission's approval of a long-term contract between Fryeburg Water. and Nestle Waters North America (operating locally as Poland Spring).
According to Poland Spring, the contract creates a stable source of income for Fryeburg Water Co., which helps to maintain stable rates for their customers. The minimum purchase per year is 75 million gallons. Poland Spring isn't required to take that much but is required to pay for at least that much. He said that's to ensure that Fryeburg Water Co.'s revenue doesn't get too low.
Knowlton also said the Fryeburg water system will remain the same as it was in terms of infrastructure. "Only the faces of the field staff that treat and deliver the water will change," he said.
Knowlton said Maine Water Co.'s staff "looks forward" to meeting Fryeburg Water District Trustees and other members of the community.
Fryeburg Water District Trustees were to meet Monday evening after deadline. Chairman Greg Huang-Dale said Maine Water would be a topic of conversation at their meeting and that trustees want to learn more about the agreement. He also said Fryeburg Water trustees are concerned about the dry conditions this summer and the low water table in Maine.
For more information, visit www.MaineWater.com

We have been asked by constituents to post the text of contract between Nestle Waters North America and Fryeburg Water Co. that is currently under review by the Maine Supreme Court as we have been reporting on recently.  To be as thorough as possible we are posting the 2014 agreement, not yet in place due to appeals as well as the 1997 Contract which is what FWC and NWNA are currently following.  

2014 Agreement between FWC and Nestle Waters North America Inc.  This link also includes downloadable PDFs of the attachment to the agreement.

1997 Agreement (to be posted soon).

Final oral arguments will be heard by the Supreme Court of Maine this coming Tuesday afternoon at 1pm at the Supreme Judicial Court at 142 Federal St., Portland, ME.  No public input will be allowed, but the public is encouraged to attend and witness the summary arguments from both sides.  The concerns of the appelates - local resident / land owner Bruce Taylor and Food and Water Watch, as well as the arguments from lawyers for the Maine Public Utilities Commission and the Fryeburg Water Company in defense of the contract approval.

The FWD trustees will be in attendance at the hearing and report their findings at the following Trustee meeting - Monday March 14th, American Legion Hall, Bradley St., Fryeburg.  For public reference the FWD trustees have gone on record in opposition to the length and the lack of public input into the terms of this contract.  FWD trustees have voiced their belief that the public should be in partnership with corporate interests in a healthy way to balance the interests of all parties and not shut out our community from future use discussion or changes to water access.  Read the full text of the FWD letter to the Public Utilities Commission posted below.

[This post has been corrected in response to a citizen's inquiry and request. 3/9/16]

On November 24, 2015 Chief Justice Saufley of the Maine Supreme Court notified the interveners of   the Appeals hearing of the Nestle (Poland Springs) - Fryeburg Water Company contract that the hearing would be postponed. The Supreme Court Justices called for the submission of documents missing from the record and resubmission or recovery of numerous electronically corrupted files already on record.  The court notified FWC of the problems and omissions and set a deadline of Dec. 30, 2015 for resubmission of missing or corrupted documents. 

Per the court's request, the Secretary of State sent verification of Fryeburg Water Company's status as a non-profit which, "appear to indicate that the Company is not an active corporation in good standing in the State of Maine."  The court requested the proper documentation be presented and entered into the record before continuing to review the case.

In a short time, between Nov. 28 and Dec. 2, 2015 the website of the Dept. of Sec. of State of Maine indicated a change of status for the Fryeburg Water Company.  The Water District Trustees observed the online records changed twice from "Filing Type: Non-Profit Corporation / Status: Inactive - Unknown Reason" to "Filing Type: Business Corporation, Status: Legally Existing"

What's next for the Water District?  We have no further plans to file new briefs or comments on this case, but we are dedicated to letting the public know .