Message from Mayor Conayc

Update about the Dispute with CWCWD

Earlier this week, the Town of Firestone sought a Temporary Restraining Order preventing the Central Weld County Water District (CWCWD) from interrupting the delivery of treated water to Firestone customers. A Weld County District Court Judge granted the Town’s motion, and soon, the Town and CWCWD will appear in a hearing to determine the next steps.

Over the last several days, you may have seen information presented by CWCWD as part of a paid campaign.  CWCWD’s District Manager told the Firestone Board of Trustees that their communication strategy was intended to put public pressure on the Town.  And while he may have succeeded in scaring people and attracting a lot of social media attention, as Mayor, I believe Firestone residents deserve better.  That’s why at our last Board of Trustees meeting, I read a statement clarifying that the Town was paying our bills consistent with the terms of the 1974 Agreement, and that we would not conduct this important conversation over social media, with paid ads, videos, or misinformation. 

So here is some information to consider as we work to resolve the billing issue.

Q: What’s this all about?

A: In March of this year, the Town raised a concern with CWCWD that it wasn’t being billed in the manner described in the 1974 Water Service Agreement.  The discrepancy was discovered when Firestone was beginning to review and draft proposed changes to the Agreement.  When the Town raised concerns with CWCWD in March, it formally requested clarification and any documentation showing that the 1974 agreement had been properly amended. As of today, no such documentation has been provided.

Q: What is the 1974 Agreement?

A: In 1974, the Town and CWCWD entered into an “Agreement Between Town of Firestone and Central Weld County Water District Concerning Domestic Potable Water Service”.  It’s the document that describes how treated water will be provided to the Town, and how the Town will be billed.

Q: What is the 1974 agreement language that describes how the Town should be billed?

A: The 1974 agreement includes this specific language; “The District will treat and deliver water to the Town for the price as established by the water rate schedule in effect, as established from time to time by the District, or the monthly minimum charge described herein, whichever is greater, and surcharges for mill levy applicable to outside District customers.”

This billing method was also reiterated by a CWCWD consultant in 2009.  On October 13, 2009, a consulting engineer for CWCWD wrote the Town to clarify the billing mechanics by distinguishing between the water usage charges and the monthly minimum.  He wrote, “If that total is greater than the monthly minimum charge, the Town is billed that amount; if not, the Town is billed the minimum.”

CWCWD’s consulting engineer’s explanation matches the Town’s interpretation of the 1974 agreement language: It should be billed the greater of the usage charge or the monthly minimum, but not both.

Q: Is this how CWCWD is billing the Town?

A: No.  CWCWD is billing the Town for both treated water and the monthly minimum.  That increases the overall costs to Firestone residents and is not in compliance with the 1974 agreement.

Q: Has the Town been paying its bill to CWCWD?

A: Yes.  Since March, the Town has been paying CWCWD as described in the agreement.  The amount that CWCWD is alleging hasn’t been paid is the disputed amount. 

Q: How can this issue be resolved?

A: The Town and CWCWD have previously agreed to negotiate a new water service agreement. Things have changed since the 1974 agreement was executed, and it’s time for CWCWD and the Town to modernize and update the agreement. The Town has been attempting to do exactly that. However, instead of engaging with the Town to update and improve the document controlling how treated water is provided, CWCWD has chosen to pay for a public scare campaign.

In the coming days and weeks, the Town will continue providing accurate information and will work in good faith with CWCWD to resolve the billing issue and ensure Firestone residents always have access to safe, clean water.