Sappi’s recent reduction of the outflow into the Presumpscot River angers watchdogs.

To increase Sebago Lake levels, Sappi Fine Paper has reduced outflows at its Eel Wier Dam below the rate required in a recently issued federal dam license, leading lake watchdogs to express concern that state officials are strong-arming the Westbrook paper company on behalf of the boating community.

On March 23, the Federal Energy Regulatory Commission issued a new 40-year license for the dam, mandating that the paper company run total minimum outflows of 270 cubic feet per second (cfs) through the dam between Sept. 30 and June 1. The rate is supposed to increase to 408 cfs between June 1 and Sept. 30. The new flow-based regime mandated in the license eliminates most of the fixed lake-level targets contained in the previous lake-level management plan, and could lead to lower lake levels in the late summer, which worries boating interests reliant on boat launches and docks that require higher lake levels.

On March 19, Sappi ran total outflows of 291 cfs. Following the issuance of the license four days later, Sappi, in consultation with state officials, subsequently reduced flows below the levels mandated in the new federal license. On March 26, Sappi reduced the total outflows to 250 cubic feet per second, according to Kathy Howatt, the Maine Department of Environmental Protection’s hydropower specialist, who authorized the reduction. On April 8, the company once more reduced outflows at the dam, this time to 208 cubic feet per second. Between March 19 and April 14, lake levels increased by approximately a third of a foot.

According to Sappi spokesman Mark Hittie, the company reduced flows due to lower-than-anticipated lake levels. Minimum flow in the river is important due to the need for dissolved oxygen for aquatic life.

“In consultation with and approval from the Maine Departments of Environmental Protection and Inland Fisheries and Wildlife, Sappi North America has temporarily reduced flows to the Presumpscot River from the Eel Weir dam,” Hittie said. “This has been done to increase the water level in Sebago Lake, which did not fill as quickly as anticipated due to local climate conditions.”

Sappi declined to comment further.

The outflow reductions has provoked several formal requests for clarification by the Friends of Sebago Lake, a watchdog group that advocates increased lake level variability. On April 13, Friends member Doug Watts wrote a letter to Kimberly Bose, Federal Energy Regulatory Commission secretary, questioning the outflow reduction.

“There is no plausible reason for S.D. Warren to be reducing outflows from Sebago Lake below the year-round minimum outflow of 270 cfs during early spring when run-off and snowmelt is at its highest for the year,” Watts wrote. “There is no abnormal or unusual drought in southern and central Maine which would necessitate outflows at Sebago Lake being reduced well below their state and federal legal minima of 270 cfs.”

In a follow-up letter to the commission on April 14, Watts included an email from Howatt explaining the reasoning behind the outflow reductions. According to the email, Howatt said she was contacted by Sappi on April 25 with a request to reduce dam outflows “because it had become clear that snowmelt wasn’t filling the lake as expected, and we were not getting much precipitation.” Howatt said she granted the request the following day after consulting with a state water engineer. According to the email, Howatt said she received subsequent requests from Sappi for a further reduction on April 1 and April 7 to reduce levels further “as there was still 4 feet between the lake level and the crest of the dam.”

A representative of the Department of Inland Fisheries and Wildlife also called to “indicate concern with the low lake levels” on April 7, Howatt wrote, and the two departments authorized the flow reduction to 208 cfs on April 8.

“These changes, done in consultation among (Sappi), DEP, and DIFW were necessary based on the unusual weather conditions this year and are intended to allow Sebago Lake to fill while maintaining the designated use in the bypass reach of the Presumpscot River,” Howatt wrote on April 14. “Today the lake is at 263.1 feet (above mean sea level), and is increasing .8 inches per day. The minimum lake level needed to access the lake at boat launches, according to DIFW, is 264 feet (above) msl.”

Francis Brautigam, a regional fisheries biologist for the state, said he called Howatt and expressed concerns about the lake level. In an interview, Brautigam said that Sappi had reduced outflows and raised lake levels in order to address the concerns of Sebago Lake’s boating interests.

“If folks could not get on the lake during the peak fishing season, which is during the springtime, you could imagine that would generate a lot of public concern and angst,” he said. “Sappi was willing to forego power generation because when they’re holding back water in the lake they’re not generating. They were willing to forego power generation in an effort to be sensitive to boating interests in the spring on Sebago Lake.”

According to Brautigam, a lake level of 264 feet above msl allows more boat launches, including the department-owned boat launch in a shallow area of Sebago Lake in Raymond, to operate effectively.

“In order to launch a boat you need to have water that you can float the boat in and the boat ramp panels only go out so far,” Brautigam said. “I’ve never said you need to have 264 for sure to launch at every location in the lake. I think as we get closer to 264 it increases the ability of more launches to provide access.”

To Roger Wheeler, the president of Friends of Sebago Lake, Brautigam’s intervention in lake-level management is problematic.

“Francis Brautigam of IFW is making statements that they can’t get boats in the lake at 264,” Wheeler said. “That’s creating a scare tactic.”

To Wheeler, Watts’ letter to the federal agency is an attempt to clarify the state’s role in lake-level management.

“So much pressure’s going to be put on Sappi by the state,” Wheeler said. “What we’re looking at is the state. That was the purpose of our letter. What is the state doing here?”

According to John Williams, a spokesman recently contracted by Sappi, the company has complied with the license by consulting with state agencies during a confusing transition period.

“Because the lake wasn’t filling as fast as we anticipated given all the snow this year, Sappi and the state agencies felt we needed to divert less water with respect to the lake filling up,” he said. “It wasn’t entirely clear – because we’re kind of between licenses – which set of criteria they were supposed to be filling. In either case, either license said Sappi needed to consult with state agencies before changing flows and Sappi did consult with them.”

To Wheeler, who said he is generally sympathetic to Sappi, the company is attempting to appease powerful boating interests and their advocates in the state government.

“I think they’re betting that the high water side is going to win in a few years,” Wheeler said. “Millions of dollars are at stake.”