New Dam Regulation Will Restore Health to Presumpscot River

CONTACT: Sean Mahoney, 207. 210. 6439
Caitlin Inglehart 617.850.1755

PORTLAND, ME (JUNE 29, 2009) – In the first decision in more than a century under a Maine statute that requires dam owners to provide for fish passage, the Department of Inland Fisheries and Wildlife has ruled that the S.D Warren Company must construct and maintain fish passage at its Cumberland Mills Dam on the Presumpscot River. This is a major step in restoring anadromous fish to the Presumpscot River.

That ruling comes in a proceeding initiated by the Friends of the Presumpscot River and American Rivers in 2006 after the United States Supreme Court upheld conditions in federal licenses for Warren’s other dams that also required fish passage. Because the Cumberland Mills Dam no longer produces power, it is not covered by those federal licenses.

“For more than a century, we have literally turned our backs to the Presumpscot River which up until the industrial revolution was a remarkably productive river, teeming with Atlantic salmon, shad and river herring,” said Sean Mahoney, director of the Conservation Law Foundation’s Maine Advocacy Center. “Since passage of the Clean Water Act almost 40 years ago, we have made great strides in restoring the water quality of the Presumpscot and other rivers around the state.  This decision brings us one step further in that process, by ensuring that those fish will no longer be blocked by the Cumberland Mills Dam from returning to their native, spawning habitat.”

As a result of today’s decision, IF&W will conduct further proceedings to determine the requirements for fishway design and operation, including the appropriate number and location of fishways.

The Conservation Law Foundation (www.clf.org) works to solve the most significant environmental challenges facing New England.  CLF’s advocates use law, economics and science to create innovate strategies to conserve natural resources, protect public health and promote vital communities in our region.  Founded, in 1966, CLF is a nonprofit, member-supported organization with offices in Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.