University of Wyoming Sues To Block Laramie Stormwater Tax

The University of Wyoming has announced the filing of a legal action to block the collection of a tax to pay for stormwater infrastructure.

The fee was originally approved in December by the Laramie City Council and went into effect in July. The fee was intended to pay for a new program aimed at  "addressing storm water runoff, minimizing flood risks, and enhancing the resilience of Laramie’s drainage infrastructure" in the words of a news release.

But the tax has proven to be deeply unpopular, and the city council in August put the collection of the tax on hold to look into how to handle the situation. Laramie City Councilman Matt Lockhart told Laramie Live earlier this month that he saw two options.

"We can do one of two things. Continue it as a fee-based system with modifications or put it on a ballot as a tax."

UW Says Tax Needed Voter Approval

But UW on Wednesday said it was filing an action in Albany County District Court for a declaratory judgement against the ordinance. A UW news release quotes Kermit Brown, Chair of the UW Board of Trustees. as saying “UW firmly believes that if the city wanted to impose additional taxes on city residents and entities like UW, the ordinance and the proposed tax needed to be put in front of the citizens of the city in an election, as required by state law,” Brown said. “No election was held prior to the City Council passing the ordinance and attempting to impose this tax. The ordinance is void and unenforceable against UW and other city residents.”

The tax had levied a fee of $1.67 per square feet of impervious area for developed properties.

The release from the university says the school has long cooperated with the city on managing stormwater, "including construction of an extensive detention pond system on the east side of campus in the late 1980s -- as well as recent construction of ponds and inlets at Jacoby Golf Course. Both projects used prime UW-owned real estate to accommodate construction of infrastructure to alleviate stormwater runoff for the city, including holding water to prevent flooding of properties south of Grand Avenue. Today, the university maintains 13 detention and retention ponds; two underground retention systems; and 12.2 miles of distribution lines.

In 2020, through its campus utility master plan, UW recommended seven storm sewer projects to improve stormwater infrastructure serving both the university and the city. UW has completed four of those projects at a cost of $1.6 million, including improvements on Bradley, 15th and Ninth streets -- all public streets owned by the city."