Court Dismisses All Remaining Claims Against Town of Paonia in Water Service Dispute with Prejudice
Judge Upholds Town’s Right to Protect Its Public Water System and Enforce Metering Requirements
Paonia, Colorado – The Delta County District Court has ruled in favor of the Town of Paonia, granting a motion for judgment on the pleadings and dismissing all remaining claims brought by a former out-of-town water customer who sought free, unmetered access to the Town’s public water system. The decision was issued on June 11, 2025, by Judge Mary Deganhart in Case No. 2024CV1.
The lawsuit, filed by Erik Gilbertson, stemmed from his refusal to allow the Town to install a radio-read water meter on his property, equipment necessary for accurate usage tracking and consistent with Town Code. In accordance with Section 13-1-90 of the Paonia Town Code, properties with inaccessible meters must accommodate a radio-read meter. When Mr. Gilbertson declined this installation, the Town, following its established procedures and ordinances, discontinued water service.
The Town shut off Mr. Gilbertson’s water service under Section 13-1-80(d) of its code because he refused to allow the Town access to his water meter or to allow installation of a radio-read meter. Due to these undisputed facts, the Town concluded, that Mr. Gilbertson’s use of water was not de minimis and theft of water had occurred. Through the course of the investigation and lawsuit, the Town found evidence that Mr. Gilbertson had a second rental home on the property illegally connected to water service for which he was not paying a base rate. This was admitted to by Mr. Gilbertson in his complaint through a request for damages for lost or discounted rental income due to reducing the rent for his tenants because they did not have access to drinking water.
Mr. Gilbertson sought several extraordinary remedies through the courts, including reinstatement of service without a functioning meter, monetary damages of $3,000 per day, reimbursement of legal fees, removal of the Town Administrator, and a letter of apology. The Court dismissed these requests with prejudice as legally unsupported and implausible.
In her ruling, Judge Deganhart stated:
“Plaintiff does not have a constitutional right to receive unmetered water service. […] The Town discontinued Plaintiff’s water service […] because Plaintiff refused to allow the Town access to his water meter or to allow installation of a radio meter. […] Plaintiff’s claims are not plausible and will be dismissed with prejudice.”
The Court found no basis under local ordinance, state law, or the Constitution for the claims brought forward. It also noted that the plaintiff failed to demonstrate entitlement to a private right of action under the Town’s municipal code. A prior dismissal of monetary damages under the Colorado Governmental Immunity Act had already been upheld on appeal.
Town Administrator Stefen Wynn responded to the ruling:
“This decision affirms the Town’s responsibility to protect its public resources and enforce our ordinances fairly. We value every customer and strive to provide equitable service, but we cannot compromise on policies that ensure sustainability, accountability, and the long-term integrity of our water system, especially when we’re underway with millions of dollars in improvements to our water utility.”
To read the ruling in full please visit: https://townofpaonia.colorado.gov/media/5191.
The Town of Paonia remains committed to transparent governance and the protection of its essential infrastructure, including the equitable administration of its municipal water system for all residents and customers.
About the Town of Paonia
Located in Delta County, Colorado, the Town of Paonia is dedicated to transparent governance and the responsible management of all municipal services. From infrastructure and utilities to community development and public safety, the Town works to ensure fair, effective policies that serve the best interests of all residents and property owners. The Board of Trustees remains committed to thoughtful leadership and continuous improvement in every area of local government.