An amendment to the proposed agreement between the Town of Monument and the Loop Water Authority missed the mark on clarity and ultimately was voted down.

During its regular meeting, April 7 at Monument Town Hall, the Monument Town Council voted to not approve a resolution which would have amended the Intergovernmental Agreement (IGA) establishing the Loop Water Authority.

The vote failed, 2-5, after concerns over legal review, voting procedures and quorum implications were raised by many of the council members.

Town Director of Public Works Tom Tharnish presented the resolution amendments which sought to allow each of the three remaining member agencies of the Loop Water Authority to appoint two representatives instead of one. The change was proposed following the departure of the Cherokee Metropolitan District, which left the authority with only three participating agencies; Monument, Woodmoor and Donala.

Tharnish said having two representatives from each agency, totaling six members, would improve communication and facilitate informal discussions which avoid violating Colorado’s open meetings laws.

“The purpose was to allow more flexibility,” he said. “With just three members, even casual discussions between two representatives can constitute a quorum, making it difficult to conduct any business outside of formal meetings.”

The proposed amendment also aimed to shift voting requirements from unanimous approval by all members to unanimous approval by members present at a given meeting, a change that drew criticism from several council members. While Tharnish characterized the amendment as largely administrative, multiple council members expressed unease since town attorney Bob Cole confirmed during the meeting he had not reviewed the resolution prior to the session.

“I don’t like voting on a legal document that hasn’t been reviewed by our own legal counsel,” said Mayor Mitch LaKind. “It was drafted by the Loop Authority’s attorney, and while we participate in that entity, their attorney doesn’t represent Monument.”

Cole later provided a brief analysis, noting the amendment would indeed allow for more functional meetings by enabling some discussion outside of full sessions and shifting voting rules to avoid gridlock caused by non-participation. However, he also acknowledged the risk.

“It removes the ability for an agency to block a decision simply by not attending,” he said.

That possibility alarmed several council members. The resolution’s failure means the proposed amendment cannot proceed, as unanimous approval from all three member agencies is required to amend the IGA.

After the vote, several members recommended the Loop Authority’s attorney appear before the council to address their concerns directly, particularly regarding voting procedures and the possibility of decisions being made without full representation.

“This isn’t just about numbers,” LaKind said. “It’s about ensuring Monument has a seat at the table and a say in decisions that affect our water future.”

The council indicated it would revisit the matter once legal questions are clarified and further discussion with the Loop Authority and its legal counsel can be scheduled.