Mountain View Electric Association Inc. has filed a lawsuit to halt attempts by El Paso County to undermine MVEAís property rights and shift costs to the electric cooperative members.According to the lawsuit, ìThe Complaint for Declaratory Judgment against the Board of County Commissioners and the County Planning and Community Development Department focuses on the Countyís incorrect interpretation of its Land Development Code governing MVEAís electric lines.îMVEA, which began providing electricity in 1941, serves customers in Arapahoe, Crowley, Douglas, Elbert, El Paso, Lincoln, Pueblo and Washington counties, and stretches over 5,000 square miles and 6,140 miles of energized lines. We are member-owned, and the decisions made Ö must always reflect the best interests of all members.We believe that El Paso Countyís interpretation of its Land Development Code oversteps its authority provided in the state statute to regulate utilities such as MVEA. If allowed, the county’s interpretation will jeopardize our existing property rights and hurt our members through rate increases.At issue are MVEAís distribution lines, low-voltage facilities that run through neighborhoods and provide electricity directly to homes and businesses. In El Paso County, MVEAís distribution lines often follow roadways and are typically installed in 20-foot easements ó vested property rights that are utilized for overhead and buried distribution lines ó just outside the current right of ways. Most of these easements were created as part of the countyís development approval process and were negotiated with the landowner, providing MVEA access to that property to operate and maintain its distribution lines.The county wants wider right of ways along future arterial roadways in eastern El Paso County. In many cases, the countyís new right-of-way measurement would force MVEA to move electric lines into backyards and through existing homes and commercial buildings ó taking away MVEAís current easements and disrupting entire communities. If the county gets its way, it would have to be done at the expense of all MVEA members, including those outside El Paso County.It only takes a drive through eastern El Paso County to see that moving MVEAís facilities into peopleís backyards isnít feasible. Based on the county’s actions, MVEA would have to move its lines outside of its easements or get a permit from the county to upgrade or replace existing lines. The permitting process is costly, burdensome and time consuming. Itís just not practical; and, more importantly, we believe the county doesn’t have the legal right to regulate MVEAís distribution lines under state law.MVEA has tried to work with the county to explain why the county’s interpretation of its permitting powers is contrary to law. Unfortunately, the county has not responded to our concerns ó and then brought in its lawyers, forcing this to become a legal issue. We did not want this to happen, but now MVEA needs the courtís opinion on this matter.If the county can regulate MVEAís distribution lines, this will no doubt increase electric bills for all MVEA members, unfairly impacting our members outside of El Paso County. We canít just let that happen. Providing affordable and reliable electricity has been our mission for more than 75 years, and we will fight to protect members and to continue that vital mission.If you are an MVEA customer and have further questions, please visit our website at http://www.mvea.coop for additional information and updates.
