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Supreme Court Affirms SVSD's Future-Facing Mission

Scenic landscape with St. Vrain Sanitation District logo; text: "Protecting Clean Water for 60,000 Neighbors."
Protecting Clean Water for 60,000 Neighbors | SVSD

On May 27th, the Colorado Supreme Court upheld a Water Court ruling in favor of the St. Vrain Sanitation District (SVSD) dismissing the Town of Firestone’s 2019 claims for water rights to be withdrawn from municipal water wells on the District’s Wastewater Treatment Plant property.

What Happened & Why It Matters

The Supreme Court’s Decision Explained

The Colorado Supreme Court upheld the Water Court’s ruling in SVSD’s favor, determining that the Town of Firestone’s lack of a specific plan for drilling groundwater wells on the SVSD Wastewater Treatment Plant property prevented Firestone from demonstrating to the satisfaction of the Water Court that the operation of such wells would not injure senior water rights, and therefore violated well-settled legal precedent requiring protection of senior water rights under Colorado’s prior appropriation system for water rights (known better by the adage “First in time, first in right.”).

The ruling was incidentally important to protecting the long-term viability of our region’s wastewater infrastructure, as the treatment facility site is essential as the District plans for significant expansion of the treatment facilities to meet future demand and evolving regulations. Unfortunately, Firestone is taking another run at locating municipal wells on the SVSD Wastewater Treatment Plant property with a new 2024 application to the Water Court, despite the impacts such wells would cause to the ability of the SVSD to treat wastewater in the region.

Key Points from the Supreme Court Ruling:

  • Applications Must Be Specific: Firestone’s failure to identify well sites prevented Firestone’s experts from providing sufficiently reliable estimates of the amount and timing of depletions to the St. Vrain River caused by pumping the proposed wells, and the amount and timing of water that Firestone needed to replace to the St. Vrain River to offset those depletions in order to prevent injury to senior water rights pursuant to the proposed plan for augmentation. Preventing injury to water rights with senior priorities under Colorado’s prior appropriation system from depletions caused by pumping wells is the fundamental purpose of plans for augmentation.
  • Precedent Controlled: The Colorado Supreme Court followed its long-standing precedent in ruling that applicants for groundwater rights such as Firestone must prove to the Water Court before obtaining a decree that the plan for augmentation for the operation of those wells will replace the depletions to the stream caused by well pumping in a manner that prevents injury to senior water rights, and, therefore, such applicants are not allowed to defer proving the plan will prevent injury until after a decree is entered through the use of statutory retained jurisdiction proceedings. Thus, applicants must-have sufficiently defined claims in order to develop sufficiently reliable evidence of non-injury to allow the Water Court to approve a decree for a plan for augmentation.

Why This Ruling Matters to You

Capital improvements currently underway will increase the site's capability to 8 million gallons per day by the end of 2027, with plans to meet increasing regional demand. Increasing treatment capacity at that scale will require significant new infrastructure on the SVSD’s treatment facility site. Additionally, anticipated future water quality regulations will necessitate entirely new forms of treatment infrastructure, beyond scaling up existing facilities.

Although this ruling does not prevent Firestone from continuing to pursue water wells on the SVSD’s Treatment Plant Site, it should give Firestone incentive to take a hard look at the many alternative sites available to Firestone, all of which would avoid the problems caused by Firestone’s continuing to pursue wells at that site, including continued waste of taxpayers’ funds fighting over the site and limiting future regional growth if Firestone is successful.

  • Stable Sewer Rates: Assuming SVSD our planned expansion, this ruling prevents future rate increases estimated between $2 million and $5 million over the next decade.
  • Reliable Infrastructure: Protecting critical land ensures we can meet long-term community growth, maintain regulatory compliance, and continue delivering dependable wastewater treatment.
  • Environmental Health: Responsible water use and wastewater management protect local waterways, wildlife habitats, and community health for decades to come.

Our Values: Why SVSD Took Action

Our decisions throughout this legal process reflect our core community-focused values:

  • Stewardship: We actively protect our community’s public health, environment, and vital infrastructure for today and tomorrow.
  • Long-Term Planning: Decisions made today protect affordability, reliability, and compliance far into the future.
  • Accountable Cooperation: We work closely with partners who share our community-centered vision for infrastructure management.
  • Fact-Based Decisions: Engineering expertise, data, and environmental regulations guide our decisions, not political or short-term interests.

Frequently Asked Questions

1. What did the Colorado Supreme Court decide? 

On May 27th, 2025, the Colorado Supreme Court affirmed a prior ruling by the Water Court, concluding that the Town of Firestone’s 2019 application for water wells to be located on the St. Vrain Sanitation District’s wastewater treatment facility site should be denied. The decision supports the District’s responsibility to preserve and protect critical infrastructure for long-term public service.

2. Why is the wastewater treatment plant site so important? 

This is the District’s only treatment facility, and it serves over 15,000 customer accounts, including residents, businesses, and public institutions, across a rapidly growing region. The site is essential to the District’s ability to continue delivering high-quality, compliant, and environmentally responsible wastewater treatment for decades to come.

3. Why did the Colorado Supreme Court rule in SVSD’s favor? 

The Court affirmed that Firestone failed to provide sufficiently reliable evidence to prove non-injury to senior water rights from operation of the proposed municipal water wells. Firestone’s failure in large part stemmed from Firestone’s refusal to provide more specific locations for the wells.

4. How does this Supreme Court ruling benefit me as a ratepayer? 

The decision protects Colorado’s water supplies, a public resource, and will help the District protect its treatment site for future facility expansions necessitated by the growth of Firestone and the other communities in the region.  If the District is ultimately successful in protecting its site, that will assist the District to keep sewer rates stable and affordable by avoiding costly alternative expansions.

5. How does protecting wastewater infrastructure help our community? 

Reliable wastewater treatment directly supports public health, maintains water quality, protects local ecosystems, and preserves our community’s overall quality of life for generations.

6. What are the environmental benefits of this ruling? 

Ensuring proper wastewater infrastructure protects local streams, rivers, and wildlife habitats from potential contamination or depletion resulting from poorly planned groundwater extraction.

7. What exactly did Firestone fail to demonstrate clearly in their plan? 

Firestone’s application lacked specific details on exact well locations for three proposed well fields, making it impossible to confidently predict potential impacts on existing senior water rights holders.

8. Was this Supreme Court decision unanimous? 

No. The Colorado Supreme Court Justices were split 5–2, with the majority voting to uphold the Water Court’s ruling to dismiss several of Firestone’s claims for municipal water supply wells based on injury grounds.

9. Does this mean Firestone cannot drill wells in the future? 

No. Firestone can still pursue groundwater wells anywhere they choose, but they must demonstrate with reliable evidence that pumping those wells will not injure existing water rights.

10. Will SVSD collaborate with Firestone moving forward? 

Absolutely. SVSD remains committed to responsible and transparent collaboration with Firestone and other regional partners to ensure sustainable water resource planning and community growth.

11. Has the District considered alternative approaches? 

Yes, and we continue to. The District has been consistent in its message: we are open to constructive conversations and future-oriented solutions. But we also have a responsibility to protect the one site that makes regional wastewater treatment possible. Any approach that limits that mission, even unintentionally, must be avoided. There are likely other, more appropriate locations where the Town’s water goals can be achieved without putting critical wastewater infrastructure at risk. We welcome a collaborative path forward that balances both needs.

12. Has this lawsuit increased my sewer rates? 

The District so far has been able to defend itself in the litigation without raising its rates. If the District is ultimately unsuccessful in protecting its ability to expand its facilities at the current plant site, the District very likely will need a significant rate increasesto obtain replacement land for additional the infrastructure necessary to meet the forecasted increased demand for wastewater service.

The District’s priority is to ensure uninterrupted, high-quality, affordable service now and into the future. Protecting the treatment facility site is central to that goal. By planning ahead and preserving space for necessary infrastructure, we’re working to stay ahead of demand and avoid capacity challenges down the line. We believe that thoughtful, coordinated planning with regional partners is the best way to support growth while maintaining reliable public services.

13. Why is there such a high projected increase in treatment demand? 

The communities we serve (including Dacono, Firestone, Frederick, portions of Mead, eastern Longmont, and surrounding areas in Weld County) are growing quickly. With that growth comes greater demand for safe, reliable wastewater treatment. Our projections are based on regional planning data and reflect our responsibility to stay ahead of that demand, not just for today, but for the next generation.

14. What upgrades has the District already made to prepare for the future? 

In 2023, the District completed a $37 million capital improvement project, significantly increasing the plant’s capacity and modernizing operations. This investment reflects our commitment to staying ahead of growth and regulatory trends, while continuing to protect public health and the environment.

Community Engagement | SVSD

How the Case Progressed (Timeline)

Timeline of events involving Firestone's water infrastructure case and court rulings from December 2019 to May 2025.
Download the Timeline
Community Engagement | SVSD

Community Engagement: Your Voice Matters

Have a Question About This Case?

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Please email Chris Kampmann, District Manager | St. Vrain Sanitation District, ckampmann@stvrainsdco.gov

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