North Weld Water District seeks to dismiss lawsuit over water suspension – Greeley Tribune

LUCERNE – The North Weld County Water District has filed a motion in Weld County District Court to dismiss a lawsuit filed by Eagle View Farms LLC over a water moratorium in the area.

The district suspended new taps in September, citing uncertainty over the 1041 regulatory process in Fort Collins and Larimer counties as its planned NEWT III pipeline stretches 5.3 miles east from the Fort Collins Northwood Line to Larimer County Rimmer County.

North Weld also acknowledged that the high growth rate of residential properties in the area and increased demand from commercial users, including dairy products, had caused capacity issues.

The moratorium was partially lifted in mid-February, with the region authorizing the issuance of up to 120 faucets in 2022, including the initial 50.

Eagle View Farms, which is developing a 24-block residential community on Colorado Route 392 and Weld County Route 35 west of Lucerne and north of Greeley, filed a lawsuit in early February alleging violations of North Weld’s consent. Water Service Agreement. Provide water services for the project.

Eagle View seeks monetary damages in an amount to be determined, an injunction to force the district to provide water service to the project through a tap, and other judgments, including attorneys’ fees and expenses.

North Weld on Monday filed a motion to dismiss the case, saying the developer knew about the suspension when it signed the contract to sell the Eagle View Farms development.

“While the moratorium is in place and fully aware of its implementation, the developer apparently entered into a contract with a potential buyer to sell one of the lots subject to the WSA,” the attorney for the North Weld County Water District said in court. said in the document.

The filing asserts that the district has not violated its water service agreement with Eagle View, and cites a letter the district sent to Eagle View in December, stating, “This letter is to confirm that the district does intend to comply with its water service agreement under the WSA. Commitment made when the area is able to restore stable taps again.”

North Weld’s attorneys also said Eagle View “cannot compel the district to provide faucets that are in direct violation of district policy.”

Attorneys for Eagle View Farms and North Weld did not immediately return calls for comment.

Weld County District Court case, Eagle View Farms LLC v. North Weld County Water District, Case No. 2022CV30072.

This article was first published by independent news agency BizWest and is published under a license agreement. © 2022 BizWest Media LLC.

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