A group that for months has protested a stormwater fee in Adams County, calling it a tax, on Thursday made good on a threat to sue the county.
The lawsuit filed in Adams County District Court seeks a preliminary injunction to stop the collection of the fee, arguing that it violates Colorado’s Taxpayer’s Bill of Rights because it is a tax that requires voter approval.
The lawsuit says commissioners avoided public input because they knew it would not have gone favorably.
“The board was advised … (seeking approval) could affect the electability of the commissioners … and … the public would likely vote against the tax,” the lawsuit says. “Adams County … decided to impose the tax without a public vote by labeling it as a ‘fee.’ “
Adams County spokeswoman Ruth Kedzior said the county is confident it followed the law in imposing a fee, not a tax.
Adams County interim county attorney Heidi Miller was unavailable for comment Thursday.
Meanwhile, a group of citizens is preparing to draft recommendations by Oct. 1 for how the Board of Commissioners should deal with the stormwater program funded by the fee.
Adams County first presented its new stormwater fee as necessary for controlling water quality. Yet, information provided to a citizens’ panel shows it will also fund other flood control and drainage projects.
Many of the projects would reduce flood risks and modify floodplains, but have been on hold since the county capped the controversial fee.
Deputy County Administrator Todd Leopold said the citizens group should have more time for its study.
“Our ultimate goal is to get a program and a recommendation that is fair and equitable,” Leopold said. “If that means we have to spend more time meeting as a group, the board is committed to doing that. We are trying to get as much info to the group as possible so they have what they need to come up with a recommendation that makes sense.”
The need for the projects is not at issue. Who should fund them, and how, is at the heart of the discussion.
A stormwater task force group is expected to try to reach consensus and offer commissioners its recommendations.
Historically, stormwater- quality projects have been funded inconsistently, typically from a county’s general fund. Flood-mitigation projects are eligible for funding from the regional Urban Drainage and Flood Control District, which collects taxes via a property tax mill levy across seven counties in the metro area.
But the district always requires a contribution from local government, Leopold said.
When commissioners approved the stormwater program in 2012, the resolution broadly described approved uses for the fund. Though flooding mitigation was noted first, it also referenced stormwater quality management.
Last week, a member of the stormwater task force asked why many of the projects discussed appeared to deal with water quantity and not water quality.
Eric Weis
, a civil engineer for Adams County, said the two are inevitably intertwined.
“Every program we do has a water quality component,” he said.
Task force members have also asked about the need for additional funding, especially since the county has about $100 million in its general fund reserves — $40 million of which is unrestricted or not allocated.
That might not be fair, Leopold said, especially because city residents contributed to the bulk of the funds and already pay municipal water fees. Also, the new projects might not run through their neighborhood.
The stormwater resolution approved in 2012 also directed the county to look into a method for crediting residents for offsetting stormwater runoff.
That means some property owners could potentially see the fee decreased or eliminated entirely.
Commissioners earlier this month approved a $64,540 contract with Raftelis Financial Consultants Inc. to study how those credits could be granted.
Task force members wondered whether the study was premature. Having it completed before the group could offer its recommendations indicates the program could continue without their input.
Sean Gallagher, one of the attorneys representing the group that filed the lawsuit, said the case differs from the work of the task force.
Gallagher said he will ask the judge to allow for a six- to eight-week period of discovery, allowing plaintiffs to offer findings about why the program should be stopped and the collection of additional funding ended.
Yesenia Robles: 303-954-1372, yrobles@ or
