TOWN OF CONCORD vs. LITTLETON WATER DEPARTMENT and TOWN OF ACTON

This action was commenced by plaintiff Town of Concord ("Concord") with the filing of a complaint on November 8, 2018 against the defendant Littleton Water Department ("LWD") seeking a declaration as to the extent to which LWD's claimed right to withdraw water from Nagog Pond pursuant to Chapter 201 of the Acts of 1884 ("the 1884 Act"), §10, has been superseded by the Water Management Act, G.L. c. 21G ("WMA"), and, more particularly, the extent to which Concord's registration of rights under the WMA negates LWD's rights under the 1884 Act. On January 8, 2019, the Town of Acton ("Acton") filed a motion to intervene on the grounds that it, too, had rights under the 1884 Act comparable to those of the Town of Littleton ("Littleton"), which motion was allowed by the court on March 14, 2019.

Cross-motions for summary judgment and supporting papers were filed and a hearing was held on July 11, 2019. Thereafter, the parties filed supplemental memoranda and affidavits addressing issues raised at that hearing. The court has determined in a decision of even date that summary judgment shall issue declaring that the 1884 Act was impliedly repealed by the WMA, as a result of which any rights granted to Littleton and Acton under the 1884 Act were extinguished.

In accordance with the court's decision, it is hereby

ORDERED that Plaintiff's Motion For Summary Judgment is ALLOWED and The Littleton Water Department's Cross-Motion For Summary Judgment Pursuant to Mass. R. Civ. P. 56 and Acton's Cross-Motion For Summary Judgment are DENIED.

It is further

ORDERED, ADJUDGED, and DECLARED on Concord's complaint that the WMA impliedly repealed the 1884 Act and extinguished any rights granted to Littleton and to Acton thereunder.

It is further

ORDERED and ADJUDGED that this Judgment is a full adjudication of the parties' claims in this case, and all prayers for relief by any party to this action that are not granted in the preceding paragraphs are denied.

SO ORDERED.