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Acton Town News

Posted on: February 14, 2019

Town of Acton and Acton Water District Statement on Nagog Pond

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The Town of Acton and the Acton Water District seek to inform residents about a lawsuit involving the rights to Nagog Pond.

Town of Acton and Acton Water District Statement on Nagog Pond Lawsuit

The Town of Acton and the Acton Water District seek to inform residents about a lawsuit involving the rights to Nagog Pond.

Nagog Pond is a freshwater public use pond (great pond) lying along the boundary of Acton and Littleton.

Under 1884 state law, both Acton and Littleton have rights to the water. The General Court also issued Concord limited statutory rights to the pond in 1884 for its public water supply, but noted that Acton and Littleton still maintained superior rights. Under the 1985 Water Management Act, Concord secured regulatory registration rights to use Nagog Pond for water supply.

In November of 2018, Concord filed a lawsuit against Littleton in the Land Court claiming that Littleton's statutory right to draw water from Nagog Pond under the 1884 Act is no longer valid, arguing that the 1985 Water Management Act preempted it.

Since the outcome of this legal action could impact Acton’s right to withdraw water from the pond, in January 2019, the Town of Acton and the Acton Water District filed a joint motion to intervene in Concord’s lawsuit.

In filing the joint motion, the Town of Acton and the District are simply acting to maintain their rights to Nagog Pond originally established in 1884.

"Our goal is to preserve the rights we currently maintain under the 1884 Act," Town Manager John S. Mangiaratti said. "We feel this is the most prudent course of action and in the best interests of the current and future residents of Acton."

Neither Acton nor the Acton Water District currently withdraw water from Nagog Pond and there is not an immediate need to do so. However, Concord does supply some Acton businesses and residents along Great Road/Rt. 2A with water, some of which is drawn from Nagog Pond.

The Acton Water District is a municipal entity separate from the Town of Acton chartered by the Massachusetts Legislature’s Acts of 1912. The District supplies drinking water to the majority of the residents in Acton and all of the water provided comes from 22 groundwater sources located within the town of Acton. The District’s system consists of approximately 135-miles of water main pipes, four storage tanks and a variety of treatment facilities.

"As we have stated multiple times in the recent past, Acton is not running out of areas to obtain its public water supply, nor does the District foresee needing Nagog Pond in the immediate future," said District Manager Chris Allen.

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