Boulder Asks: Who Should Pay For Water Main Break Damage?

Boulder, CO, is having a major debate about who should pay for damages in the event of a water main break.

About 20 property owners in the city were left with about $200,000 in total property damages due to a recent rupture, according to the Daily Camera.

An 8-inch cast iron water main broke on Norwood Avenue in February, turning “the roads in front of their properties into a river,” Fox 31 reported. Officials said at least 13 homes were damaged, “with several having flooded basements and damage to landscaping.”

So, who should pay for reconstruction? Officials considered the question at a city council meeting.

"We don't necessarily have liability for this," according to City Attorney Tom Carr, per the Camera. "I sympathize, but as staff, we can't pay claims where we're not liable. You can. You can tell us to, but we don't do that."

“The city's well established attitude on this front is informed by a state law that requires municipal water suppliers to cover damages only where it can be proven that the utility was negligent in its operation or maintenance of the system. On Norwood, the pipe broke because it was old and corroded, and Boulder followed standard maintenance and replacement practices; there was no negligence, the city's claim management company determined,” the report said.

Insurance is rarely willing to recoup costs, leaving many homeowners in a rut. That’s why the city council expressed interest in creating a fund to help property owners in these circumstances.

“What's being floated is a 2.5 percent increase, or about an extra dollar a month, on the water bills of all single-family customers in Boulder. In effect, they'd be paying into an insurance fund that, if approved by the council, is projected to raise $273,000 in a year,” the report said.

For municipalities across the country, the circumstances raise the question of whether there is a responsibility to pay for damages, even when there is no legal liability. Dan Spiegler, whose home flooded during the break, says there is.

"Legal liability is not the most important matter at hand," he said, per The Denver Post. "The city owns the water system. It's large, it's old, it's complex. It breaks sometimes, and sometimes it causes property damage... The city may not have liability, but it does have a responsibility. And the city has not demonstrated any responsibility for the impact on people's lives and homes."

Along with the possibility of a new fund, some Boulder residents want to see a staffing solution to the problem.

“Christine Vanston, who also suffered flood damage, said that in addition to compensating homeowners, Boulder should train first responders like firefighters to turn off water valves or provide 24-hour staffing,” the report said.

Director of Public Works for Utilities Jeff Arthur “said staffing after hours is more complicated than it seems. The workers who respond to water line breaks need to have at least two years of experience and go through special certification. The system is complicated, and turning off water in the wrong place or too quickly could damage the system or cut water to vital facilities like the hospital,” it continued.

To read more about how water utilities maintain their infrastructure visit Water Online’s Asset Management Solutions Center.