Local Officials Praise

United Water Agreement

By John Voket

Three local officials involved in the yearlong process to craft a stipulated agreement with a regional water utility all classified the outcome as a game changer because it marks possibly the first time such an agreement has been allowed by state agencies, despite the fact that nearly all of the tenants of the pact give the water company control.

One of the most important aspects of the pact, according to the officials, will be a water study to be paid for by the utility, United Water. Another less tangible outcome is a subtle shift in power that was previously held exclusively by water utilities and a trinity of state agencies, including the Department of Public Utility Control (DPUC), to the towns of Brookfield and Newtown, which are now bound to share water from Newtown’s Pootatuck aquifer.

Even a DPUC spokesperson has acknowledged that the unique, and perhaps precedent setting, aspect of the agreement is there exists absolutely no requirement, expectation, or history that obligates a public water utility to negotiate with a municipality or to act as a partner in planning. The agreement also sets temporary limits and controls on the use of the water line in the Greenridge area; and solicited a commitment from United Water to join in regional planning for future water sourcing and transmission. 

First Selectman Pat Llodra reacted to the negotiated agreement on United Water’s extension of the Newtown water line to the Greenridge section of Brookfield and a handful of homes in northwestern Newtown along Route 6. One of the most difficult and frustrating things the first selectman said she had to come to grips with early on in the process was understanding that United Water, though a private company, is controlled as a public utility.

“The Department of Public Health [DPH] regulates public water utilities,” she said. “It is reasonable to ask, then ‘What rights did Newtown have regarding United Water’s order from the DPH to extend a water line from our town to the Greenridge community?’ The answer to that question is simply, none.”

Mrs Llodra pointed out that to make matters worse, the state Department of Environmental Protection (DEP) excused United Water from having to go through the diversion permit process, which in essence examines the impact of diverting water.

“It is important to recognize that Newtown does not ‘own’ the water in the aquifer. That is considered a state resource and the state alone has jurisdiction,” Mrs Llodra said. So Newtown entered the fray with no standing and no power.

“Our success in even being granted status as a ‘party’ to the case came about only through significant persistence of effort, repeated calls and contacts with DEP, DPH, and DPUC commissioners, strong support from our legislators, threats of litigation, and Freedom of Information and court filings put forth by Newtown and the Borough,” Mrs Llodra said.

Town officials thought from the outset that Newtown would likely be unsuccessful in permanently undoing the DPH order.

“Unless a timely and cost-effective alternate solution could be found, the line was going to be extended, with a projected completion date of September 2010,” Mrs Llodra said.

Shovels In The Ground

But many months earlier, United Water had already attempted to begin construction of the water line without providing any warning to the town or Borough of Newtown officials, whose overlapping zoning and land use jurisdictions were being ignored.

That overlapping jurisdiction in the borough played a critical role in putting the brakes on construction workers who already planned to excavate numerous trenches across Main Street with no provision to restore the area that runs through a designated historic district.

Borough Warden and Board of Finance Vice Chair James Gaston, also an attorney, said the borough’s longstanding tradition of fighting to protect the classic early American image of Main Street presented a daunting opponent ready to invoke state historic preservation protections as well as borough zoning regulations to delay or thwart the water company’s efforts.

“Without the borough’s involvement, there would have been no layer of historic protections or added zoning regulations,” Mr Gaston said. As a result of negotiations with the borough, the water company will not be excavating what Mr Gaston described as a “zebra pattern” of resurfaced trenches across Main Street from Glover Avenue up to Mt Pleasant Road.

And the “monstrosity” of an electrical switching station will be located beside Town Hall South, instead of the original plan to install it on Main Street in front of the police station. In addition, costly pressure release valves that would have been assessed to each homeowner on the water line along Main Street will now be paid for by United Water, and the increased water pressure will provide a public safety benefit by enhancing the charge of fire hydrants in the area.

At the same time, Newtown and borough representatives then set their sights on getting other benefits, including the aforementioned study of the Pootatuck, the aquifer, and the UW wells to determine whether water is sufficient for Newtown’s future and if the draw from the wells is having a negative impact on the river.

Mrs Llodra said the study has a clearly defined scope that aligns with Newtown’s research goal, has been endorsed by Newtown’s Land Use Agency staff, and will be used to inform future planning.

“The study addresses questions about the long-term viability of the Pootatuck River and aquifer. And we do have controls and limits on the use of the water line within Greenridge, at least for the next three years or so,” the first selectman said.

Parties Will Litigate

Both Mrs Llodra and Mr Gaston assured local residents that Newtown and/or the borough or other interested party will litigate if UW violates the spirit or the intent of the stipulation. Mrs Llodra said ultimately, the cost in tax dollars for negotiations and litigation should always be balanced against the possible benefits to the public good.

“We had reached that point in this process. Further discussion, costing hundreds of dollars per session, was very unlikely to produce any change,” Mrs Llodra said. “In fact, we were risking that DPUC would run out of patience and proceed without any stipulations.”

James Belden, who serves on the Legislative Council as well as representing the local Pootatuck Watershed Association, said the time the agreement provides, while solving the immediate need in Greenridge, will allow for the studies and planning to occur with the eventual development of integrated regional systems for water allocation that is consistent with statewide policy.

Mr Belden believes the stipulated agreement is a major accomplishment and said the association’s members commend the town in pursuing such an important cause to this end.

“Provided the DPUC approves this action, it is critical now that we all work collaboratively to see that the elements of this agreement are as arduously pursued as the intervention,” Mr Belden said. “The town, United Water, and relevant stakeholders such as the Pootatuck Water Association must communicate and work through the complicated issues of water allocation, resource management, and public welfare.”

Mr Belden said he hopes all parties involved can “move beyond what has divided us and focus on the end goal, which is the intelligent delivery of high quality water while protecting natural resources.”

“I am proud of the progress made during this deliberation but warn that the work must continue and we cannot forget about the importance of water to our community,” Mr Belden said.

“None of this is perfect,” Mrs Llodra said. “In our perfect world, we would have exclusive access to and control over the use of the water resources in the aquifer and the river. That is not the case, however, and our job is to get the best results we can from bad circumstances. Newtown and the borough did exactly that.”