WELLS — Residents will decide whether to adopt water extraction regulations for the Town of Wells at the Nov. 3 election this year, after selectmen voted 4-1 Tuesday to send the ordinance forward on the ballot.

The regulatory ordinance, drafted by the Ordinance Review Committee, outlines the permitting process for any entity that seeks to withdraw water within allowed zones. The Board of Selectmen voted to not allow extraction in the General Business District and Rural District ”“ in areas east of Route 1 ”“ at their last meeting.

The ordinance defines large-water extraction as 20,000 gallons, or more, per day, and that is the threshold at which an extractor would need a permit.

Selectmen Chairman Richard Clark voted against sending forward the ordinance, because he believed the people should have a chance to vote on extraction as an allowed use in town, he said. At the Aug. 18 meeting, he made a motion to put three questions on the ballot and each would be a yes or no vote to allow water extraction in the named zones. The motion failed.

Resident Joe Hardy, co-chairman of Save Our Water and opponent of the ordinance, again expressed his opposition Tuesday.

“I urge every forward-thinking citizen to vote it down,” Hardy said.

A few other residents voiced similar comments at the meeting.

Selectman Robert Foley disagreed, and said a regulatory ordinance, in his opinion, is the best way to protect the town.

“There are a lot of checks and balances in this,” Foley said Tuesday. “I don’t believe this ordinance is terribly flawed. We’ve taken a lot of time to think about this. I’m not kowtowing to anybody except the best interest of the people of the town of Wells.”

The state’s Water Resources Planning Committee, is expected to make recommendations to the Legislature in January 2010 and some residents have requested that the town wait for that report. Foley said, however, that there is no reason to wait for new regulations at the state level. If the state passes legislation next year, he said, the Town of Wells would still benefit from such regulations, because state law trumps local ordinances.

Now voters will decide the future of water extraction in the town. Clark also said the board will place for discussion and action an extension of the water extraction moratorium ”“ currently in place ”“ on the selectmen’s agenda for their Nov. 3 meeting, in the event that the ordinance fails. He said if the ordinance passes, a moratorium would no longer be needed. Multiple selectmen expressed support for extending the moratorium, if needed, at previous meetings. Selectman Jim Spiller said he would not support the extension of the water extraction moratorium Tuesday.

Residents may view the ordinance at Town Hall or on the town’s Web site at www.wellstown.org.

— Staff Writer Robyn Burnham can be contacted at 282-1535, Ext. 329 or rburnham@journaltribune.com.