YOUR BUSINESS AUTHORITY

Springfield, MO

Log in Subscribe

City Utilities is facing a lawsuit from Public Water Service District 1.
Courtesy Google Maps
City Utilities is facing a lawsuit from Public Water Service District 1.

CU discloses water district lawsuit 

Posted online

A dozen customers attending a public meeting Tuesday night learned about a lawsuit filed against City Utilities of Springfield. 

The city of Springfield and CU being sued in the U.S. District Court for the Western District of Missouri by Public Water Service District 1 of Greene County, which supplies water for the city of Battlefield and the surrounding area. In the suit, District 1 is demanding service in three subdivisions be returned to its jurisdiction from CU and that management of all pipes serving the areas be turned over to the district, as well. Monetary damages also are sought. 

The suit directly affects about 375 customers, according to Joel Alexander, manager of media and energy services for CU. 

District 1 filed the suit in October 2020 and the parties have had one round of negotiations, according to Alexander. The case is headed to a jury trial in November. CU invited affected customers to a public information session at the Library Center to alert them of the case that might affect their water service. 

“We wanted to let these customers know what’s going on,” Alexander said. 

CU first was contacted in August 2020, when the plaintiff’s attorney wrote to demand that CU stop water service to three southwestern subdivisions: Monta Vista Heights, Teton Estates and Abbey Lane, Alexander said.  

Alexander said service to the Monta Vista Heights area goes back to the 1970s, when CU picked up service from a private water company. 

Service to the other two subdivisions was established in the 1990s. 

According to Alexander, neither CU nor District 1 has been able to provide documentation regarding the original switch from district service to CU service. 

“Neither one of us can provide documentation of anything going back that far because of records management and records retention laws,” he said. “We’re hoping to find something.” 

Alexander said CU also has talked to people who have a long history with the utility to see if anyone has any memory of issues related to CU’s taking over of service in the area. 

“No one has recollection of how and what may have taken place, but we’re certainly trying to find that out, and the other side is doing their due diligence,” he said. 

The lawsuit is based on a federal law enacted to protect the service area of agency borrowers with outstanding loans from loss of users from the actions of other entities in the service area.  

“Without this protection, other entities could extend service to users within the service area, and thereby undermine the purpose of the congressionally mandated water and waste loan and grant programs and jeopardize the borrower’s ability to repay its agency debt,” states the law, Title 7, U.S. Code 1926b. 

Alexander said the lawsuit has resulted in uncertainty for some customers, such as a couple who are trying to build a home in the Monta Vista subdivision.  

“They’re having difficulty locking in who is going to be their water supplier,” he said. “There’s no question who provides electricity, gas, sewer, but they were having difficulty in establishing the water service.” 

That couple attended the info session, Alexander said, noting CU has been providing service to that couple’s area for five decades, and it wishes to continue doing so. 

“When it comes right down to protecting our customers and to some degree the investments our customers have made, it’s critical that we continue to protect those needs and services customers expect from us,” he said. 

Alexander suggested affected customers direct their questions to District 1. Attempts to reach officials with the district were unsuccessful by deadline. 

“Contact them, contact their board, go to their next board meeting to see what they have to say, what answers they provide,” Alexander said. 

Comments

No comments on this story |
Please log in to add your comment
Editors' Pick
From the Ground Up: Republic Intermediate School

The Republic School District is on track to open its Intermediate School for fifth- and sixth-grade students for the 2025-26 academic year.

Most Read
Update cookies preferences