Attorney says parts of water board proposal may be illegal

HIGHLAND — While the debate surrounding citizen initiatives that would change the way Highland's open space is maintained focuses on money and taste, the fate of another initiative that would create a water board may ultimately be a question of legality.

Council members rejected the water board initiative at a recent City Council meeting after City Attorney David Church said parts of it appear illegal.

Church told the council that all control of a city's finances, including the water budget, is vested in the City Council, according to state law. He also questioned provisions in the initiative that would prohibit anyone who is related to a city employee or elected official from running for the board.

The City Council assumed control of Highland's water system from a private entity earlier this year, after voters authorized the acquisition last November.

Residents who support the initiative have said they are afraid the council will make water decisions without public input or accountability. Water is a critical issue in the rapidly growing community, they say, and it should not be treated as a potential source of revenue.

Councilman Glen Vawdrey said the city took control because it can protect the city's water shares better than a private entity. This initiative, he said, is "sour grapes" from the people who voted against the acquisition in last year's election.

"We had an election about a year ago, and we had a vote to turn the water over to the city in order to protect water rights," Vawdrey said, "and some people weren't too happy with that."

Vawdrey also echoed a question posed by Church, asking how another body, chosen by the same voters, would be any more qualified to handle water issues.

Supporters said they believe voters will see the need for more democratic control over the city's water supply, but Vawdrey maintains that a properly educated electorate will reject the initiative.

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