Effort to keep water authority off ballot fails

SYCAMORE - DeKalb County Presiding Judge Kurt Klein denied a last-ditch effort by a Kirkland developer Tuesday to prevent a referendum creating a regional water authority from appearing on the April ballot. Developer Ron Rood had filed an injunction to keep the question off the ballot, but Klein ruled Rood failed to show anyone would suffer &#8220irreparable harm” from the creation of the Kishwaukee Valley Water Authority. Rood's attorney, Michael Coghlan, called witnesses who testified they were concerned about the authority's powers to levy taxes, deny well permits and shut down industrial water pumps. &#8220I haven't heard any testimony that shows irreparable harm,” Klein said after closing arguments. &#8220My taxes may go up, a new police force may have jurisdiction over me, there may be an anti-development group spearheading this. Those may be reasons to vote against it, they may be reasons to testify before the Legislature. But none of those causes irreparable harm.” Coghlan also argued that the authority is not needed in DeKalb County, where there is not a water shortage, but Klein said that argument should be made to an appellate court if the referendum passes. &#8220That's not for you to decide,” Klein said, sounding frustrated. &#8220It's not for you to decide, it's not for me to decide, it's for the voters to decide.” Attorney John Countryman, representing the Alliance for Land, Agriculture and Water, the McHenry County-based group seeking the referendum, blasted Coghlan for sloppy paperwork, saying Rood was named as the petitioner on one copy of the petition for injunction, and the DeKalb County Building and Development Association, which Coghlan also represents, was listed as such on another copy. Coghlan said both were petitioning for the injunction, though Rood testified that he thought he was the only petitioner. If created, the authority would have broad powers to regulate non-agricultural water use in most of DeKalb, Boone and McHenry counties. After three days of testimony last month that were part of a separate hearing on whether to put the question on the ballot, Klein ruled Feb. 14 on the boundaries of the proposed authority. Coghlan, representing the building association, was denied the chance to make arguments in those hearings. Coghlan argued Tuesday that the water authority could harm the area's economy by shutting down developers who could no longer get well permits. He said it also could shut down the MSJ Larson gravel quarry, which pumps water that seeps out of the walls of the quarry into the Kishwaukee River. &#8220If Boone and McHenry counties are committed to being anti-development, they could shut down development in DeKalb County, and that is irreparable harm,” Coghlan said. Countryman called the entire proceeding &#8220frivolous” and &#8220spurious.” &#8220In 37 years of practicing law, this is the most frivolous thing I have ever seen,” he said. &#8220It's poppycock. It's harassment. It's the most ridiculous thing I've ever heard.” Klein denied the petition for injunction and ruled the referendum will appear on the April 17 ballot as planned. He also denied Countryman's request that Coghlan and his clients be barred from filing any more motions in the case. Dana Herra can be reached at dherra@daily-chronicle.com.