Town of Firestone Statement Made

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.

Source: Message from Mayor Conyac

CWCWD Documented Truth

To establish a new rate structure, the 1974 Agreement between CWCWD and the Town of Firestone does not require a formal amendment which is why one was not created or issued in 2009 when billing practices changed. 

This point has been communicated to the Town multiple times since April 2025 and historical documentation has been provided about how the change in billing structure was communicated in 2009, and accepted by the Town, before going into effect in January 2010. 

Documentation of recent communication with the Town can be seen under the Inform section on our landing page. 

The CWCWD district manager also attended a Town of Firestone Board of Trustees meeting on May 28, 2025, to address the council during public comment and clarify that an amendment was not needed. You can see the recording of our district manager’s comments here:

VIDEO

Town of Firestone Statement Made

Due to an apparent dispute which has arisen regarding the billing for the water, the Water District has allegedly threatened to shut off water service to the Town on June 5, 2025. 

Source: Temporary Restraining Order and Preliminary Injunction

CWCWD Documented Truth

The CWCWD has not threatened to shut off the water for the Town of Firestone.

The District did send a delinquency notice to the Town on May 22, 2025, which stated it would be considered in the event of continued non-payment, “Per our existing 1974 Agreement and under Colorado state law, the CWCWD is entitled to pursue several remedies in the event of continued non-payment, including but not limited to: 

• Discontinuation of service 
• Termination of contract 
• Assessment of penalties together with interest (which is calculated at 1% per month)

Please understand that none of these measures would be our preferred course of action.”

Town of Firestone Statement Made

The Town of Firestone claims that CWCWD has threatened to cut off water service to the Town, with no alternative means of obtaining water service while these billing disputes are resolved by the court.

Source: Temporary Restraining Order and Preliminary Injunction

CWCWD Documented Truth

The CWCWD has not threatened to shut off the water for the Town of Firestone.

The District did send a delinquency notice to the Town on May 22, 2025, which stated it would be considered in the event of continued non-payment, “Per our existing 1974 Agreement and under Colorado state law, the CWCWD is entitled to pursue several remedies in the event of continued non-payment, including but not limited to: 

• Discontinuation of service 
• Termination of contract 
• Assessment of penalties together with interest (which is calculated at 1% per month)

Please understand that none of these measures would be our preferred course of action.”

Town of Firestone Statement Made

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.

Source: Message from Mayor Conyac

CWCWD Documented Truth

The CWCWD consulting engineer’s explanation does not match the Town’s interpretation of the 1974 Agreement language. 

The consulting engineer’s explanation in the letter from Oct. 13, 2009, was re-reviewed recently by a current consultant for the CWCWD.

​In this memo, Mr. Cook, PE, clarified that the Town’s understanding of this letter is not accurate, and the consulting engineer’s explanation does not match the Town’s interpretation of the 1974 Agreement language. 

From the 2025 memo: “What is being explained in this paragraph was the current rate calculation and how things were structured in 2009, not the proposed rates for 2010. Mr. Ullmann explains how the historical water rates, which at the time of the writing of his letter, were calculated by using the maximum cost of the water volume charge OR the monthly minimum charge and the higher of those two charges was billed to the Town each month. However, that changed with the September 30, 2009, billing rate notice… 

When you evaluate this letter in its entirety, it clearly walks through the then-current (as of 2009) and future calculations (in effect beginning 2010). 

A single sentence from this letter is being taken out of context, creating a misleading narrative that distorts both the original intent of the letter and manipulates the message from Mr. Ullmann.

The way I interpret this letter is that Mr. Ullmann gave a clear explanation of the new water rates for the Town to explain the September 30, 2009, notice, as well as articulated how the monthly bills for the Town would be calculated beginning in 2010.”

Town of Firestone Statement Made

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.

Source: Message from Mayor Conyac

CWCWD Documented Truth

The CWCWD has engaged with the Town to negotiate a new water service agreement.

To reach a resolution, CWCWD has shared drafts back and forth with the Town. However, after reviewing the Town’s counterproposals, conducting system modeling and consulting with our board of directors, advisors and legal counsel, we determined that the revisions requested by the Town are not financially viable. The Town’s approach to negotiation has included efforts to unilaterally dictate terms, which is not in line with the collaborative and legally appropriate process typically followed during these negotiations. 

This ongoing billing matter has deterred any progress on finalizing a new water service agreement at this time. It’s important to note that a new contract will not affect the requirement for the Town to pay all outstanding charges based on the established rates and billing structure in place when the bills were issued.

In addition, the information shared with the community related to this billing matter is not in an effort to scare the public -- it is intended to provide transparency and education to the people both entities has a responsibility to serve.