Make water payments, judge orders Lead Hill

A circuit judge has directed Lead Hill to begin making monthly minimum payments to the Ozark Mountain Public Regional Water Authority while a lawsuit over the water contract is pending.

Judge Shawn Womack of the 14th Judicial District gave the order March 13, but the official order was not filed with the circuit clerk in Boone County until Thursday.

The judge found that the town and water authority could benefit from time to resolve the dispute, the order states. Womack gave the town until March 23 to make arrangements, according to the order.

Womack also set a hearing on a motion for summary judgment for 10 a.m. May 22 in the Boone County Courthouse.

Sam Pasthing, an attorney representing Lead Hill, said the town has worked diligently to raise money to make payments but has not been able to make a payment yet.

Lead Hill signed a contract April 27, 2009, to purchase wholesale water from the water authority and agreed to a minimum monthly charge of $5,199.26. Under the contract, the town agreed to pay at least the minimum monthly bill regardless of whether Lead Hill took water from the water authority.

The water authority began supplying the town in November 2012 after the completion of a $72 million project to build a new water-treatment facility and distribute water from Bull Shoals Lake to Lead Hill and 17 other members via 120 miles of pipeline.

Lead Hill began making payments in December 2012 but stopped making them in August. Lead Hill’s town council notified the water authority in October that it would no longer purchase water from the water authority. Lead Hill disconnected from the water authority and returned to an old well system.

A petition filed by the water authority’s attorney, Thomas Martin of Jasper, asked the Circuit Court to compel officials in Lead Hill to honor the agreement.

The town has asked the judge to terminate the contract.

Northwest Arkansas, Pages 8 on 04/16/2014

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