Water district fails to meet deadline

Alexis Barker
NLJ Reporter
 
The West End Water District will soon be dissolved after failing to meet state requirements on reporting. The Salt Creek Water District was also risking dissolution but was able to meet the reporting requirements in time, according to Weston County Attorney Alex Berger. 
“Under Wyoming law, water districts must do an annual report of their activities to the Wyoming Department of Audit,” Berger said. “If they do not, then the county commissioners must publish notice and demand that the district file their report by the end of December, or they may be dissolved.” 
Berger informed the Weston County commissioners on Jan. 16 during their regular meeting that after reading state statutes, he determined that whether or not the district is dissolved is not discretionary. 
“They failed to be in compliance by the Dec. 30 deadline; you informed them. The board now has to move to dissolve; that is how it works,” Berger said. “The board should pass a resolution essentially saying that they (the West End Water District) didn’t comply and declare the board of directors vacant. That is the consequence of not filing.” 
He explained that the commissioners then must appoint three individuals to the West End Water District board with the only purpose being the board’s dissolution, noting that there are special statutes for appointment and normal requirements do not have to be followed. 
“I nominate my deputy (Saige Smith)  to act as chair of the board of trustees to dissolve. Ms. Smith will say here are the steps (of dissolution),” Berger said. 
He noted that the dissolution step should be done as quickly as possible and that he had prepared a resolution declaring the intent of the commissioners and appointing three individuals to the vacant board. The commissioners approved the resolution and appointed Commissioner Marty Ertman and County Treasurer Susie Overman to the board, along with Smith. 
What does this mean for residents in the West End Water District?
According to Berger, residents “should not lose their water,” although he said he was unsure of what the specific structure will look like after dissolution. 
“The purpose of the water district is to allow the members to share costs related to water,” Berger said.
He said that without a district, if repairs are needed, everyone in the district is going to have to work together because they will not have a board to rely on. 
“All that being said, we are going to do whatever we can legally to get them back into compliance and undo the dissolution, if possible,” Berger said.