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I ~ Judge rules 'i'-ncJ:,l Mc~" fo., /J.;..;5 Ilh/n Denver Water Board a utility I By BURT IIUBBARO N~",SlaU The Denver Water Board has become a public utility subject to regulation by the Colorado Public Utilities Commission in the sale of water to the suburbs. a Grand Junction district judge ruled Monday. Attorneys for both sidcs were re...jewjng Judge William Ela's 45-page decision to see if it meant the commission would ha\'c authority over water rates, water sales to the suburbs and future water projects. Suhurb.:m residents are charged up to twice as much for water as Denv('r resi. d('nts. ^ spokesman lor the water board said the decision probably will be appealed. . ELA nULED TIIAT the Public Utilities Commission has jursidiction over the board because the board collects mort' than 50 percent of its revenu~ from the suburbs and sells about 40 percent of its water to communities outside Denver .. " ,.',.. . . 'The ruling came IIf ala",'!Uit filedln 1973 byine county "j~':nmissi~ncrs...o(.Je~(erson. Arapahoe and Adams coun. \le~dlftcr thtd\'.1l'rt bOard restricted water service to the I ~ ;"',J .- - - - o suburbs in 1972. "We fl.'C1 very happy with the decision," said Kevin O'Brien. attorney for the counties. O'Brien said the ruling means that suburban residents can appeal to the utilities commission any water board decision on allocations of water to the suburbs. Before the decision. a lawsuit was the only avenue of appeal of a decision on the sale of water by the rive. member board, It was unclear what impact the decision had on the board's agreement with more than 50 suburbs and water districts to share the costs of future water projects. ED RUETZ, SPOKES~IAN for the board. said board attorneys received the decision late MondJY. "Jf it's adverse. we'll probably appeal it," said Ruetz. The board. which is appointed by the mayor of Denver. supplies water to about 500,000 people in 114 cities and water districts outside Denver. "There is no system of checks and balances." said Ela in .the decisioll. "Membership on the water board is in no way controijed or under the slightest influence of apy citizen outsiddof the city <l.nd county of Denver," . t 1.,',';-_ Ela ?ail!.t1l.ea MItd "j1!3"1fa.S.....tt3Ked"b'iit... Future ~t{.r - service are.'lS outside Denver by continuing to de\'eh long-range plans to divert water to the Front R.mge. Mo of the water will go to the suburbs, the judge said in 11 ruling. The board has plans for about $1.9 billion in walt diversion and storage projects. which would supply wall to at least another 500.000 suburbanites by 20 I o. ''This court found credible the evidence that only tt water board has the ability and capacity to serve tt defined (Denver) metropolitan area," snid Ela. TilE JUDGE RUl.ED that the board.s total aulhorit o\'er water sales also is "3 direct interference" in 111 three counties' ability to plan and zone for developmenl Eln said the decision applies only to suburbs now rei) ing on the board for water. or future areas thnt will gl their water from Denver. Some cities, such as Aurora an Thornton, have water systems and are not affected b Monday's ruling. Ela made the decision more than six months aftcr Ih case was argued in court. In !\.tarch, he gave ooth side time to settle the issue out of court. but that effort faile in M?y, I ,..,