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Cornish leaders weigh independent testing and legal counsel after state upholds UDI spring designation
Summary
After the state upheld a UDI designation for town springs as "final and unappealable," Cornish council discussed commissioning independent water-quality testing, consulting a water attorney, and seeking additional grant or reimbursement funds to cover unexpected costs related to a filtration project and compliance requirements.
At a town meeting, council members and staff discussed a reply from state regulators that the UDI designation for local springs "remains valid and is final and unappealable," and considered next steps including independent sampling, legal review and pursuing additional funding.
The council's primary concern was the state letter that, according to the chair, concluded, "The order remains valid and is final and unappealable." Members said the division offered to work on a compliance plan but gave the town little room to challenge the designation without new technical data.
Councilors proposed commissioning independent spring sampling so Cornish could obtain its own water-quality results before taking further action. One speaker said a typical independent test would cost in the neighborhood of $1,000; a separate filtration-preparation estimate mentioned during the meeting was roughly $700. The council also discussed hiring an experienced water attorney to advise on timing and legal options; one member suggested the town's usual water attorney might be consulted.
Town staff described a practical sequence: (1) schedule professional sample collection (so results are defensible to regulators), (2) seek a legal review before escalating any public challenge, and (3) ask the state for additional grant/loan funding or reimbursement where projects were designed without the regulator's disclosure of UDI status. The meeting record shows staff are coordinating with Clayton and Colton to get samples to Chemtech and to follow filtration design recommendations from Max or Sunrise Engineering.
The state reply also triggered a financial review. The town has not yet submitted for $40,000 in master-plan reimbursement; staff were instructed to collect paperwork to pursue that funding. Council members said if the state does not provide additional project support, the town may need to reconsider its current filtration project and potentially shift to other water sources.
Next procedural steps recorded at the meeting: staff will arrange independent sampling with a third party (to avoid claims of tampering), contact a water attorney for timing and legal strategy, and follow up with the Division about grant/loan adjustments or additional funding.
