STATE OF MAINE SUPERIOR COURT ANDROSCOGGIN, ss CIVIL ACTION DOCKET NO. CV-22-__ CITY OF LEWISTON, Plaintiff, v AUBURN WATER DISTRICT, COMPLAINT FOR DECLARATORY JUDGMENT Defendant, INHABITANTS OF THE TOWN OF TURNER, and LAKE AUBURN WATERSHED PROTECTION COMMISSION Parties-In-Interest. ‘The Plaintiff City of Lewiston files this complaint against Defendant Auburn Water District for this Court to declare Auburn Water District’s obligations under its legislative charter and a June 29, 1993 Interlocal Agreement for Lake Auburn Watershed Protection, which was also signed by the Party-in-Interest Inhabitants of the Town of Tuer and which created the Party-in- Interest Lake Aubum Watershed Protection Commission, and for a determination of the City of Lewiston’s rights under the same agreement, as follows: PARTIES 1. The City of Lewiston (“Lewiston” or “City”) is a municipal corporation located in Androscoggin County, Maine.2. The Water & Sewer Division, of the Lewiston Public Works Department (“Lewiston Water” or “LWD”) oversees the water and sewer infrastructure that provides drinking water to Lewiston. 3. Lewiston Water is a water utility that owns, controls, operates and manages dams, pipes, flumes, structures and appliances, and all associated real estate, fixtures and personal property to facilitate the diversion, development, storage, supply, distribution, sale, furnishing, carriage, apportionment and measurement of water for municipal, domestic and commercial use. 4, Lewiston Water supplies drinking water and water for other residential and commercial uses to 8,226 residential accounts in Lewiston, serving approximately 36,000 persons, and 1,121 commercial, industrial and governmental accounts. 5 The Legislature chartered Auburn Water District (“AWD”) in P. & S. L. 1923, ch 60, as amended by P & S.L. 1963, ch. 214 and P & 8.L. 1981, ch. 88, which are attached as E: bit A, Exhibit B and Exhibit C, respectively (as amended, the “AWD Charter”). 6. AWD operates under the AWD Charter and by-laws adopted on August 27, 1991 7. AWDisawater utility that owns, controls, operates and manages dams, dikes, head gates, pipes, flumes, structures and appliances, and all associated real estate, fixtures and personal property to facilitate the diversion, development, storage, supply, distribution, sale, furnishing, carriage, apportionment and measurement of water for municipal, domestic and commercial use. 8. AWD supplies drinking water and water for other residential and commercial uses in the City of Auburn (“Auburn”) and the Town of Poland (“Poland”) to 5,514 residential account and 736 commercial, industrial and governmental accounts. 9. The Inhabitants of the Town of Tumer (“Turner”) comprise a Maine municipality.10. On June 29, 1993, Lewiston, AWD and Turner entered into an Interlocal Agreement for Lake Auburn Watershed Protection (the “Basic Agreement”), in accordance with 30-A MRS. §§ 2201, ef. seq. 11, The Basic Agreement created the Lake Auburn Watershed Protection Commission (the “Watershed Protection Commission”). 12, ‘The Watershed Protection Commission consists of three commissioners appointed by Lewiston, three commissioners appointed by AWD, one commissioner appointed by Turner, ‘one commissioner from the Androscoggin Valley Council of Governments, and one commissioner appointed by the Towns of Hebron, Minot, and Buckfield. 13, ‘The Watershed Protection Commission owns approximately 1,600 acres in the Watershed. JURISDICTION AND VENUE 14, The Superior Court has jurisdiction over this action pursuant to the Maine Uniform Declaratory Judgments Act, 14 MRS. § 5951, et. seg. and 4 MRS. § 105, 15. Venue is proper in this court pursuant to 14 M.R.S. § 505. BACKGROUND Lake Auburn 16, Lake Auburn is a great pond, as defined in 38 M.R.S. § 436-A(7). 17, The State of Maine holds Lake Auburn in trust for the people of Maine. 18, Lake Aubum is the public water supply for portions of Lewiston, Aubum and Poland. 19, The Lake Auburn Watershed (the “Watershed”) contains 9,792 acres, and is 15.31 ml? as defined in the Basic Agreement.20. Portions of the Watershed are located in the City of Auburm, and in the Towns of Turmer, Minot, Hebron and Buckfield. 21, The most effective, safest and least expensive method for keeping Lake Auburn clean is to assure that water entering the lake is protected through a well-managed watershed. Maine Statutory Authority for the Use of Lake Auburn for Drinking Water 22. Private & Special Laws of 1873, ch. 386 gave the Cities of Lewiston and Auburn the right to take pure water from Lake Auburn (then called Wilson Pond) for domestic and other purposes, including as drinking water for the cities’ residents, and the right to take land for pipes to convey the water to consumers. P. & S. L. of 1873, ch. 386 is attached as Exhibit D. 23. Private & Special Laws of 1899, ch. 153 provided that the “City of Lewiston is hereby authorized and empowered to take water from Lake Auburn, or any pond in Androscoggin county, except Sabattus pond, sufficient for all municipal, public and domestic purposes in said city.” P. & S. L. of 1899, ch. 153 is attached as E iit E. 24, ‘The AWD Charter, as amended, provides that: a, AWDisa public municipal corporation, P. & S. L. 1923, ch. 60, § 1; b. AWDis chartered to prevent pollution of the water of Lake Auburn, to preserve the purity of the water of Lake Auburn, and to provide certain residents of Aubum and contiguous territory with pure water for domestic and other purposes, id., §§ 1, 6; c. AWD “shall have power to adopt by-laws, not inconsistent with the general laws of the state, to prevent pollution of the water of Lake Auburn and to preserve the purity of said water, and may prescribe penalties for the violationthereof, which said by-laws shall have the same force and effect as municipal ordinances,” id., § 6; and d. AWD has the right of eminent domain, id, § 7. AWD’s and Lewiston Water's Identical Applications for A Waiver Of the Safe Drinking Water Act's Filtration Requirement 25. On June 29, 1989, the Environmental Protection Agency (“EPA”) published the Surface Water Treatment Rule, pursuant to the 1986 amendment and reauthorization of the Safe Drinking Water Act of 1974 (the “SDWA”). The rule requires disinfection and filtration for all public water systems that use surface water or ground water under the direct influence of surface water, 26. Only those systems demonstrating compliance with the most stringent water quality criteria set forth in the Surface Water Treatment Rule may qualify for filtration avoidance, 27. On August 8, 1988, the Maine Drinking Water Program provided notification to Lewiston that it had determined that the surface water in Lake Aubum required filtration before June 19, 1992, unless it requested a waiver before that date, The Maine Drinking Water Program notification of determination is attached as Exhibit F 28. Oninformation and belief, the Maine Drinking Water Program notified AWD of a similar determination to that described in the preceding paragraph. 29. In 1991, it was estimated that compliance with the filtration requirements, without a waiver, would then cost Lewiston Water and AWD ratepayers between $20,000,000 and $24,000,000 with annual operating costs projected at $1,500,000 to $2,000,000. 30. On August 14, 1989, Lewiston Water and AWD agreed to share the costs to “commission a water quality study to determine the need, cost, and benefit o! proved water treatment (including water filtration) and to include, without limitation, the poss y of avoidingtreatment through a waiver, treatment of water taken from Lake Aubum or in combination with ground water supplies.” 31. Camp Dresser & MeKee, the engineering firm chosen by Lewiston Water and AWD, proposed a number of steps to secure a waiver, including that the utilities enter into an interlocal agreement regarding watershed control and a land purchase program; that AWD adopt new by-laws; and that Lewiston Water and AWD make capital improvements to improve water quality and reliability. 32. On March 21, 1991, after a meeting between Lewiston Water, AWD, Camp Dresser & McKee and the Maine Drinking Water Program, the Maine Drinking Water Program wrote Lewiston Water, copying AWD, that “for a filtration waiver to be granted, it will take the commitment of both communities to assure the continuing success of watershed protection.” The letter went on to note that “each application must demonstrate effective control over human activities within the watershed. Clearly, to have a say in what goes on in the Lake Auburn watershed, Lewiston will have to enter into a joint long term agreement with the Auburn Water District.” The letter concluded, “[t]ere is no free lunch, and time is running out. The Lewiston Water Department must literally buy in to the concept of watershed protection, There is really no other alternative if water utility rates in both communities are to be held to a minimum.” The Maine Drinking Water Program letter is attached as Exhibit G 33. That year, Lewiston purchase its first property on Lake Aubum at a cost of $50,000. 34. In line with the Camp Dresser & McKee recommendations, on August 27, 1991, AWD adopted Bylaws for Protection of Lake Auburn which provided that: a, The AWD Charter “granted [it] the power ‘to adopt by-laws, not inconsistent with the general laws of the state, to prevent pollution of the water of LakeAubum and to preserve the purity of said water, and may prescribe penalties for the violation thereof, which said by-laws shall have the same force and effect as municipal ordinances,”” p. 1 (quoting the AWD Charter); b. AWD has the “further duty under the terms of its said Charter to provide pure and potable drinking,” id.; c. “[Wlater protection control measures are necessary to prevent pollution of the water of Lake Auburn and to preserve the purity of said water, and in order to successfully pursue and {sic] exception from filtration requirements,” p. 2; . The Level 1 Intake Restricted Zone portion of the Watershed stretches from “the shoreline of Lake Auburn upland to the closest roadway” and is “the most critical area for protection since microbiological, chemical particulate, and other contaminants are most likely to reach the intake form [sic] this location,” pp. 4, 5; and €. “These restriction areas are more specifically identified and mapped on the official Lake Auburn and Lake Auburn Watershed Protection Zone map on file with the Auburn Water District, which may be revised and amended from time to time by the Trustees of the Auburn Water District,” pp. 4-5. ‘The AWD by-laws are attached as Exhibit H. 35, In September 1991, AWD submitted an application to the Maine Drinking Water Program for an exception to the Surface Water Treatment Rule filtration requirement (the “AWD Application”), which is attached as Exhi 1 36. The AWD Application provided:a, That the Watershed is 15.31 ml’, p. 7-4 and as shown on Figure 7-1 of the AWD Application, a portion of which follows: - 7™ — Watershed Boundary \ ' b. That the Watershed is divided into four zones; the Protection Level 1 zone is “the most critical area for protection since microbiological contaminants are most likely to reach the intake from this location” and contains the land between “the shoreline extending out to the closest roadways,” p. 7-32; c. That AWD proposed to implement a Watershed Control Program that would “meet the intent of the [Surface Water Treatment Rule}, which is to protect the unfiltered source water ‘from all human activities which may have an adverse effect,”” p. 7-2. The Watershed Control Program in the AWD Application is premised on: i, The “legal authority of the AWD Charter to enact and enforce rules and regulations to protect the quality of water in Lake Auburn,” pp. 7-3; see 7.29;ii, ‘The existing AWD by-laws, p. 7-32, which were attached to the AWD. Application as Appendix S; and, iii, “[S}trict zoning restrictions on human activities around the lake through the Lake Auburn Overlay District”, p. 7-32; 4. A reassurance that “[aJll construction within the [City of] Auburn boundaries must be approved and conform to the existing constraints of the zoning ordinance,” p. 7-51; and, ¢. That, “[t]o assure that coordination between the two groups is continued and enhanced, the AWD/LWD have developed an agreement stipulating responsibilities, division of labor and monetary resources, and coordination tasks required for smooth operation. A copy of the draft agreement is in Appendix P,” p. 7-66. 37. At or about the same time that AWD submitted the AWD Application, Lewiston Water submitted a separate but identical application to the Maine Drinking Water Program for an exception to the Surface Water Treatment Rule filtration requirement, 38, On December 30, 1991, the Maine Drinking Water Program and the EPA approved the Lewiston Water and AWD applications on the condition, among others, that AWD and Lewiston Water conduct the “watershed control activities as outlined in the Department's filtration avoidance application,” including those listed in paragraph 36 above. The Maine Drinking Water Program letter is attached as Exhibit J. AWD and Lewiston Water Contracts Regarding Lake Auburn Drinking Water 39. As discussed above, Camp Dresser & McKee provided AWD and Lewiston Water with a roadmap to protect the Lake Auburn water resource and to avoid the extensive andunnecessary cost to ratepayers to build a filtration plant, The utilities followed that roadmap; AWD adopted by-laws and each utility applied to regulators for a waiver from the Surface Water ‘Treatment Rule filtration requirement. The regulators issued conditional approval and the utilities negotiated to meet the Surface Water Treatment Rule requiements. 40. On May 19, 1993, pursuant to the Camp Dresser & McKee recommendations, AWD and Lewiston Water entered into a purchase and sale agreement (the “Purchase and Sale Agreement”), Exhibit K, in which AWD agreed: a, ‘That the Watershed covers 15.31 ml’, Purchase and Sale Agreement p. | and its Exhibit A (which was a copy of AWD Application Figure 7-1, prepared by Camp Dresser & McKee, Inc., a portion of which is included at paragraph 36.a above); That “land uses and activities within any part of the Watershed could have an effect on the Watershed and on the purity of the water within Lake Auburn,” id., and that “land use control measures wi in the Watershed are essential to securing the exception [to the Surface Water Treatment Rule] and maintaining it, if it is granted, and also to protecting and preserving the purity of the water of Lake Aubum whether or not an exemption is granted,” id., p. 2; ‘That Lewiston paid AWD $750,000 for a one-half interest in AWD’s land in the Watershed; conveyed to the Commission the one-half interest it had purchased from AWD; conveyed to the Commission the entire interest in property that it had held in the Watershed; paid an additional $31,800 to the Watershed Protection Commission; and, granted a 10-year below-market lease (at $1/yr.) of a 24” water main, id., §§ 1, 3; 104. That a “watershed protection commission shall be formed under an interlocal cooperation agreement in substantially the form of [the Basic Agreement, which was attached as an exhibit,” id., § 4; c. That the Basic Agreement would contain a “covenant that the AWD will use its charter authority so as to protect the water and watershed and to permit both AWD and Lewiston to maintain their SDWA exemptions,” id.; and, f. That the covenants of the parties in the Purchase and Sale Agreement would survive the closing, id., § 7. 41. On June 15, 1993, the Maine Public Utilities Commission approved the transfer of property pursuant to the Purchase and Sale Agreement, which allowed that the parties to proceed to closing. 42. On June 29, 1993, AWD, Lewiston and Turner signed the Basic Agreement as recommended by Camp Dresser & McKee; as the Lewiston and AWD applications for waiver of the filtration requirements had specified would occur; as the approvals of those applications had been conditioned by Maine Drinking Water Program and the EPA; and as AWD and Lewiston agreed to in the Purchase and Sale Agreement. 43. The signed Basic Agreement was in the same form as that which was attached to the Purchase and Sale Agreement and that had been reviewed by the Maine Public Utilities Commission, 44, AWD, Lewiston Water and Turner agreed in the Basic Agreement: a. That it was entered into “for the purpose of cooperating for the purpose of assuring the protection and control of the Watershed of Lake Auburn,” Basic Agreement, p. 1;‘That the Watershed covers 15.31 mE, id., p. 2; ‘That the Lewiston has “rights created under specific Legislative grant” to use Lake Auburn as its public drinking water supply, id.; That “land uses and activities within any part of the Watershed could have an effect on the Watershed and on the purity of the water within Lake Auburn, with a corresponding effect on the drinking water supply of the Cities of Auburn and Lewiston,” id.; That the “land use control measures within the Watershed are essential to securing the exception [applications for which were individually filed by AWD and Lewiston] and maintaining it, if it is granted, and also to protecting and preserving the purity of the water of Lake Auburn whether or not an exemption is granted,” id., pp. 2-3; That “the citizens and water consumers in Auburn and Lewiston could have to bear the cost of meeting filtration requirements (presently [(in 1993)] estimated at more than $20,000,000 initially and $1,500,000 to $2,000,000 on an annual basis) if the exception to filtration cannot be obtained and maintained,” id., p. 3 That “the parties to this Agreement agree that itis in their mutual best interests that an appropriate entity be created to assist in the management and protection of the entire Watershed, in the best interests of the citizens of all of the affected political subdivisions, and in order to provide an effective mechanism for cooperation of the local governmental entities involved in order to avoid 12uneconomic duplication of effort and unilateral action by any political subdivision,” id., pp. 3-4; h. That the Watershed Protection Commi jon was created, among other reasons, to: “[Rleview current and allowable land uses in the entire Watershed area and any existing regulations, ordinances, or policies with respect thereto,” id, § 1(d)s ii, “[RJeview proposed rules, ordinances, regulations, and policies to be developed in the future,” id.(e); and, iii, “[A}dopt and implement Watershed protection, management, and restoration projects, plans, and programs,” id.(f); i. That the AWD would “delegate to the Commission concurrent authority to enforce any provision of state or local law, regulation, bylaw, or ordinance relating to the watershed and the purity of the waters of Lake Auburn,” id., § 11; and, ‘That the Basic Agreement “may not be amended except by a written instrument validly entered into and executed as provided herein for the execution of this Agreement initially and approved by the Maine Department of Human Services id, § 14 The Basic Agreement is attached as Exhibit L. 45. Critically, in the Basic Agreement, “Auburn Water District pledge(d], covenant[d}, and agree{dj, . . . to exercise its regulatory authority over the Lake and the watershed pursuant to its Charter and law and to enact, amend, or repeal those lawful by- 13ws, regulations, orders, or ordinances in such manner and to such extent as is required or adviseable to control and protect the watershed or waters of Lake Auburn in order for both parties to maintain their exemptions from filtration requirements under the surface water treatment rules adopted under the Safe Drinking Water Act in accordance with the compliance agreement and order between each party and the Maine Department of Human Services and the United States Environmental Protection Agency. id., § 7 (emphasis added). 46. The by-laws adopted by AWD on August, 27, 1991 were a necessary predicate for Lewiston to enter into the Purchase and Sale Agreement and the Basic Agreement, 47. ‘The AWD by-laws and the Basie Agreement were conditions of the Maine Drinking Water Program’s approval of the AWD Application. 48. The contents of the then proposed Basic Agreement were a necessary predicate for Lewiston to enter into the Purchase and Sale Agreement. 49, Since entering into the Basic Agreement, relying on that agreement and further deepening their relationship, AWD and Lewiston Water have entered into four additional interlocal agreements, amendments to the same, memoranda of understanding, and other agreements concerning the shared management of this precious common resource—approximately 20 agreements in total Recent Regulatory Changes In the Watershed 50. On November 13, 2020, Auburn published a request for proposals for an Evaluation of Ordinances Applicable to the Protection of the Lake Auburn Watershed (the “Request for Proposals”), which is attached as Exhibit M 1451. The Request for Proposals specified that the “outcomes of the evaluation will be used to help the Planning Board and City Council adopt ordinance amendments that meet the needs of the City of Auburn.” Request for Proposals, p. 4. 52. In the four-page section regarding “Watershed Protection History, the Request for Proposals did not mention the Basic Agreement. See id., pp. 7-10. 53. The Request for Proposals directed that the report would make holistic recommendations to Auburn regarding three categories of analysis: a. An analysis of regulatory impacts to answer, in part, whether “building restrictions/regulations within the watershed [could] be eased if filtration plant is built,” id. p. 11 b. An analysis of environmental impacts, with a direction to “make recommendations that will ensure long-term viability of Lake Auburn as a public drinking water supply, future development, and possible recreational activities,” id, p. 12; and ©. Ananalysis of economic impacts that would “[dletermine the financial impacts to the City of Auburn, past and future, to provide a public drinking water supply for the customers of the Auburn Water District. All objectives should consider lost tax revenues, unrealized economic activity which includes development and recreational, and rate payer impacts (past, present, and future).” Id. 54. Auburn did not consult with Lewiston Water in drafting the Request for Proposals. 55. Auburn did not consult with Watershed Protection Commission in drafting the Request for Proposals. 1556. On information and belief, Auburn did not consult with AWD in drafting the Request for Proposals. 57. Auburn awarded the contract to FB Environmental Associates, and colleagues, which produced a report entitled “A Regulatory, Environmental, and Economic Analysis of Water Supply Protection in Auburn, Maine” (the “FB Report”), The final version of the FB Report, dated October 2014, is attached as Exhibit N. 58. On March 7, 2021, Auburn City Council first considered ordinance 08-03072022 (the “Gracelawn Ordinance”), which would make two zoning changes regarding 148 acres (the “Gracelawn Parcel”) “to allow for reuse of the Gracelawn Gravel Pits for development.” The City of Auburn City Council Information Sheet for the Gracelawn Ordinance is attached as Exhibit O, and includes the following representation: Gracelawn: Exhibit A ouburrimalng 1659. The Gracelawn Parcel is located between the shoreline of Lake Aubum and the closest roadway, Gracelawn Road. 60. The Gracelawn Parcel is located in the Watershed, as defined in the Basie Agreement. 61. The Gracelawn Parcel is located in the Watershed, as defined in the AWD Application and Lewiston Water Application to the Drinking Water Program and the EPA. 62. On March 7, 2022 and March 21, 2022, the Auburn City Council approved the Gracelawn Ordinance, after a minor amendment to remove one parcel of land and a buffer around it, Attached as Exhibit P are the March 7, 2022 and March 21,2022 Meeting Minutes for the City of Aubum City Council]. 63. ‘The Gracelawn Ordinance did two things; first, it changed the zoning for the Gracelawn Parcel from Agriculture and Resource Protection (AG) to General Business (GB); and, second, it removed the Gracelawn Parcel from the Lake Auburn Watershed Overlay District. 64. On April 20, 2022, the AWD Board of Trustees considered a motion to “approve changes to the watershed boundaries as approved by the City of Auburn and as shown on the GIS. map via a link via Auburnme.com and search lake auburn watershed district.” Exhibit Q is a printout of the map; the full map may be found at ill is. i ic/index.! id=272feO8dO384549123F 348d8b0b520; and, a portion follows: 7Revised Lake Auburn Watershed Overlay District 65. Atthe April 20, 2022 AWD Board of Trustees meeting, the first question regarding the agenda item, from one AWD trustee, was to confirm that the map reflects the boundaries of the Gracelawn pit. ‘The question was answered, “That is correct, just over the years we have never updated our watershed map.” 66. One person asked, “Is there any rush to approving this map? I would like to see the base map that this is based upon; I would like to compare what is published now to what this entails before adopting it. ‘This has been in front of you for 10 minutes.” ‘The question was not answered, 67. The AWD Board of Trustees unanimously approved the motion to approve changes to the watershed boundaries as approved by the City of Auburn, 68. The AWD decision that purported to remove the Gracelawn Parcel from the Watershed was contrary to the AWD by-laws, the Basic Agreement, the AWD Application, and the Lewiston Water Application to the Drinking Water Program. 1869. The FB Report recommended revisions to the septic design standard to adopt portions of the Maine Subsurface Wastewater Disposal Rules that would allow previously non- buildable sites to become buildable, a change which could result in more than 100 additional new homes in the Watershed, 70. On April 12, 2022, the Auburn Planning Board approved a proposed ordinance that makes changes in the septic system design standard to adopt portions of the Maine Subsurface Wastewater Disposal Rules (the “Septic Ordinance”). 71, On April 15, 2022, the State of Maine Department of Environmental Protection sent a letter to Lewiston, and copied to AWD, Auburn and the Maine Drinking Water Program. ‘The letter provided comments on the proposed Auburn Septic Ordinance, which would allow more than 100 potential additional homes to be built in the Watershed, and also on potential runoff impacts associated with this new development and overall lake water quality, If that occurred, “[a]dditional land us ntrols and off-site mitigation of other phosphorus sources in the watershed would be needed to mitigate this pollutant loading to the lake.” It concluded that “[rJelaxing development standards risks irreversibly altering Lake Auburn’s water quality.” ‘The April 15, 2022 Department of Environmental Protection letter is attached as Exhibit R. 72. On April 20, 2022, the Director of the Maine Drinking Water Program sent a letter regarding the Septic Ordinance to Auburn, and copied to AWD, Lewiston, the EPA, and the Maine DEP. The letter concluded that, within the Watershed: a. Existing development should be minimized “as much as practicable through onsite implementation of the practices and standards discussed in the Report:” and 19b. New development activities should be minimized “to the extent possible, particularly on parcels closest to the lake and tributary streams.” The April 20, 2022 Drinking Water Program letter is attached as Exhibit 8. 73. On May 2, 2021, the Auburn City Council first considered ordinance 14-05022022, which is the Septic Ordinance, which would make change the septic system design standard to adopt portions of the Maine Subsurface Wastewater Disposal Rules. The City of Aubum City Council Information Sheet for ordinance 14-05022022 is attached as Exhibit T. 74. On March 31, 2022, Lewiston City Administrator Heather Hunter requested that AWD honor its pledge, covenant and agreement to Lewiston under Section 7 of the Basic Agreement to enact or amend by-laws, regulations, orders, or ordinances to control and protect the Watershed ot waters of Lake Auburn in order for both parties to maintain their exemptions from filtration requirements under the surface water treatment rules adopted under the Safe Drinking Water Act. City Administrator Hunter’s letter is attached as Exhibit U. 75. To date, AWD’s only substantive response to City Administrator Hunter’s letter is an April 22, 2022 email from its President, Auburn City Councilor Stephen Milks, that Lewiston City Administrator Hunter was welcome to watch its meetings and read its agendas and minutes, The April 22, 2022 email is attached as Exhibit V. COUNT I Declaratory Judgment 76. Lewiston repeats and re-alleges the allegations set forth in paragraphs 1 through 75 above as if fully set forth herein, 77. Anactual justiciable controversy has arisen between the Lewiston and AWD. 78. AWD has adopted an official map of the Watershed that contradicts and is in breach of the Basic Agreement, the AWD Application and the AWD by-laws. 2079, The Auburn City Council has taken actions on zoning ordinances that lessen regulatory control of the Watershed. 80. AWD has the ability and the duty to enact or amend its by-laws to control and protect the Watershed and waters of Lake Auburn in order for Lewiston and AWD to maintain their exemptions from filtration requirements under the surface water treatment rules adopted under the Safe Drinking Water Act. 81. Lewiston seeks a declaration of A WD’s and Lewiston’ s respective rights and duties under the Basic Agreement and a declaration of AWD’s duties under the AWD Charter, RELIEF REQUESTED WHEREFORE, Plaintiff requests that this Court: A. Declare that the Purchase and Sale Agreement, Basie Agreement and the AWD Application define the watershed of Lake Auburn to be 15.31 ml?; that such definition of the watershed includes the Gracelawn Parcel; and, that AWD has no authority to amend or otherwise change such definition of the watershed without the valid written consent of the Lewiston and the approval of the Maine Drinking Water Program; that AWD does not have authority to make any change to the official Lake Auburn and Lake Auburn Watershed Protection Zone map on file with the AWD that specifies that the Watershed is different than that defined by the Purchase and Sale Agreement, Basic Agreement and the AWD Application; B. Declare that AWD is bound by the Basic Agreement and Purchase and Sale Agreement to enact or amend by-laws, regulations, orders, or ordinances to control and protect the Watershed or waters of Lake Auburn in order for Lewiston Water and AWD to maintain their exemptions from filtration requirements under the surface water treatment rules; 2C. _Declate that the increased development made possible by the Septic Ordinance will increase pollution of the water of Lake Auburn contrary to the AWD Charter and the duties of AWD under the Basic Agreement and its application for approval of a waiver; D. Declare that AWD is required to enact or amend by-laws, regulations, orders, or ordinances, pursuant to the Basic Agreement, its Charter and its other commitments to Lewiston Water, to adopt controls to make sure that any increased development made possible by the Septic Ordinance, the purported removal of the Gracelawn Parcel from the Watershed, or other changes adopted by Auburn do not imperil the exemptions from Surface Water Treatment Rule filtration requirements by lessening controls or protections of the Watershed or the waters of Lake Auburn; E, Declare that, when AWD becomes aware of any change to zoning ordinances applicable to land within the Watershed that would relax controls or protections on the Watershed that were in place at the time it entered into the Purchase and Sale Agreement and the Basic Agreement that are not approved by the Maine Drinking Water Program or consented to by Lewiston Water, AWD is bound by the Basic Agreement to enact or amend by-laws, regulations, orders, or ordinances to control and protect the Watershed or waters of Lake Auburn in order for Lewiston Water and AWD to maintain their exemptions from filtration requirements under the surface water treatment rules; and, F. Grant such other and further relief as this Court deems just and appropriate, 22Date: May 12, 2022 Martin I, Bisenstein (Bar No. 3027) City Attomey, City of Le ston Michael E. Carey (Bar No. ot Stacy O. Stitham (Bar No. 10016) BRANN & ISAACSON 184 Main Street, P.O. Box 3070 Lewiston, ME 04243-3070 (207) 786-3566 [email protected] [email protected] Attorneys for Plaintiff the City of Lewiston 23