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,t The Pueblo Chieftain Online Select file then print to print this article. Publish Date: December 17, 2001 The Water Board "s suit EDITORIAL The Pueblo Chieftain THERE ETAS been some alarm around Pueblo regarding the lawsuit brought against the city by the Board of Water Works, Some see it has a waste of money to have one arm of local government suing another. But there are real issues here, the Board of Water Works believes it is right about those issues, and it has deckled to get the matter resolved in a court of law. At issue was the Water Board "s request to City Council for an ordinance clearing the way for the Board to sell water to Pueblo West as art emergency backup supply. After a hearing at which the Board was treated rudely by some Council refused to pass the ordinance as requested by the board. Now, some background. In 1954, the City Charter was adopted. That included the establishment of City Council and an independent, elected Board of Water Works. Regarding that Board, the Charter states: " "The entire control, management and operation (of the water system) shall be exercised by an independent Board named "Board of Water Works of Pueblo, Colorado," over which the Council shall have no, jurisdiction or control, but shall adopt all ordinances requested by said Board which shall be reasonably necessary to assist the Board in the management of the water works system and property" " (emphasis added). Further, the Charter states: 'Surplus water may be supplied to territories outside the City until same is needed by the inhabitants of the City. " It is clear to us that the authors of the City Charter intended to have the entire management of and policy regarding Pueblo "s water at the discretion of the Board of Water Works, and specifically they did not want water policy set by City Council. Yet, that was the erxd result of Council "s failure to pass the ordinance requested by the Board. Regarding surplus water, the Board contends that it has the sole discretion to supply it to any territory outside the city until it is needed by people within the city limits. Therefore, the Board believes a standing ordinance allowing sale of water outside the city to be contingent on an agreement that such an area annex into the city when that becomes feasible flies against the face of the City Charter, One longtime observer of the Water Board says he does not recall the City Council ever refusing to pass an ordinance requested by the Board. Thus, it appears the current City Council has opened up a new set of circumstances which should be reviewed by a court.