Weld County judge sides with water district in bill dispute with Town of Firestone

FIRESTONE, Colo. — A Weld County judge sided with the Central Weld County Water District (CWCWD) in its ongoing water bill dispute with the Town of Firestone.

On Aug. 22, the water district, which has served the town for nearly 60 years, announced it would cancel its contract with the town in 2028, citing an "unworkable and financially unsustainable" partnership with the town's management and board of trustees.

In a statement, the Town of Firestone said it was "surprised" by the announcement and is "actively working to understand and examine its full range of options."

The Town of Firestone believes it is being billed incorrectly under a 1974 contract agreement with CWCWD. The agreement states the town will pay the established water rate schedule or the monthly minimum charge, whichever is greater.

Firestone Mayor Don Conyac, however, said his town is being charged both.

CWCWD said the agreement does not require a formal amendment to establish a new rate structure, which was adopted by the water district's board of directors on Sept. 17, 2009. The town was notified about the change on Sept. 30, 2009, and the new rate structure went into effect on Jan. 1, 2010, CWCWD's website reads.

• Read the Town of Firestone's 1974 agreement with the water district here:

On June 4, the court granted a temporary restraining order to keep CWCWD from shutting off Firestone's water until a hearing could be scheduled. A Weld County judge lifted the order during a Sept. 5 hearing, ruling that Firestone did not provide enough evidence for injunctive relief. With this ruling, the town can be treated as any other customer that does not pay their water bill and could have its water shut off.

"The preferred course of action for the district has never been to shut off the water. That's not something that we want to do," said Sean Lane, attorney for CWCWD. "We recognize that the citizens of the town of Firestone are paying their bill."

The town owes more than $323,000, according to CWCWD. Lane said residents have been paying their bills, but the Town of Firestone has not.

"And during that period of time, they haven't given a discount to their citizens," Lane said. "This has just been basically a deduction that they've been taking. We don't know where that money has gone."

The potential for a shutoff has left residents confused and angry.

"It's hanging over our heads," said Bobby G. Matthews, a longtime Firestone resident.

Denver7 took those concerns directly to Mayor Conyac. We were told he was available to meet before 10 a.m. on Sept. 10. When Denver7's Allie Jennerjahn asked to meet at 10 a.m., we stopped hearing back from the mayor.

Denver7 visited Firestone Town Hall on Sept. 10 and requested to speak with Town Manager A.J. Krieger. A woman told us that Krieger had a tight schedule with that day's board meeting and suggested that we request a statement via email.

Conyac followed up around 4:30 p.m., and a statement from the town was issued shortly after. It read in part, "While we are disappointed in the Court’s ruling, we respect its decision. The breach of contract lawsuit remains active, and this ruling represents just one step in a longer legal process. We look forward to presenting our case fully at trial. In the meantime, and out of respect for the Court’s order, the Town will pay Central Weld the disputed portion of the water charges, and will stay current from this point forward."

Denver7 has been following the ongoing dispute between CWCWD and the Town of Firestone. Read our previous coverage below:

• Outstanding water bill balance in Town of Firestone raises looming concern of services being cut
• Firestone mayor speaks out on unpaid water bill causing concerns for residents
• Water district serving Firestone will cancel contract, citing town leadership's 'lack of cooperation'
• Firestone Board of Trustees to address community questions during Wednesday meeting, amid water bill dispute
• Firestone resident files recall petition as town's water woes reach boiling point

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