MURRAY — Several Utah businesses in a Murray complex are trying to get back on their feet after a water main break washed them out. But they said the owner of the pipeline has told them that it’s not their problem.
The break happened over the Labor Day weekend, several blocks away. The rupture sent a torrent of water downhill, turning the complex into a lake that wound up devastating three businesses on the lower level — Serenity Haven, Steps Recovery Center and Simplicity Laser.
Repair estimates
Serenity Haven houses at-risk youth and people with disabilities. Steps Recovery Center helps people fight addictions. Simplicity Laser repairs expensive laser hair removal equipment.
Executive directors Jeremiah Davis and James Davis of Serenity Haven show KSL’s Matt Gephardt damage resulting from a water main break. (Mark Wetzel, KSL TV)
“We have lost tens-of-thousands,” said Paul Walkenhorst, who owns Steps Recovery Center as well as the complex itself. “With the tenants, hundreds of thousands in personal property.”
Walkenhorst said the estimates to rebuild after the water main break run in the $300,000 to $400,000 price range. That doesn’t include the stuff inside.
Glimmer of hope
When the break happened, the business owners in the complex said Jordan Valley Water Conservancy District, the owner of the ruptured water main, put them at ease.
“When I came on site, there was a representative from Jordan Valley who told me, ‘Hey, don’t worry. We’re going to cover all this. It will all be taken care of,’” said Leeon Jeffs, vice president at Simplicity Laser.
“He said he would take care of this,” said Walkenhorst of the same representative. “His company would be responsible for this.”
“He said, ‘Oh, we’ll take care of you. This is our fault. We’ll make sure that everything is right,” recalled James Davis, executive director at Serenity Haven.
Indeed, the water district did come in and tore out the damage. But then fell silent said Walkenhorst.
“And then just crickets,” he said of the nearly four weeks of silence after the water main break.
Governmental immunity
But then, the three businesses all received identical letters from the Jordan Valley Water Conservancy District’s insurance provider informing them that they were on their own.
“’Although we regret this incident occurred, there is no negligence found on our insured,’” read Micah Niles, General Manager of Steps Recovery Center, from that letter. “’As a result, we hereby deny your claim which is our final decision.’”
Micah Niles, general manager of Steps Recovery Center, shows KSL’s Matt Gephardt the letter they received from the water district denying their claim after a water main break. (Mark Wetzel, KSL TV)
“How is it my fault if it’s a water main six blocks east of us,” asked Walkenhorst.
“It’s their pipe,” said Michael LeBaron of Simplicity Laser, “So, it seems like it should be their fault.”
I reached out to the Jordan Valley Water Conservancy District. It refused to answer any questions on camera. But in a statement — in not so many words — it wrote the business owners who were flooded out by the water main break told me things that are not true.
“Jordan Valley Water Conservancy District cannot get into the specifics of a claim, other than to deny the allegations and characterization you have conveyed to us in your email,” a spokesperson wrote.
Well, the only thing I conveyed in that email is that the property owners said they were told their situation would be handled.
As to why the district won’t handle making the flooded-out owners whole, the spokesperson wrote it is protecting “taxpayer funds.”
Also, it doesn’t have to!
In a statement, the Jordan Valley Water Conservancy District tells KSL that state law dictates it has no legal liability for damages from a water main break. (Nathaniel Gillis, KSL TV)
“State law dictates — and the courts have affirmed,” it has no “legal liability,” said the letter. In it, the district went onto to pat itself on the back, writing that it provided, “immediate mitigation as a courtesy despite the absence of any legal liability.”
“I just wish that they took responsibility,” said Jeremiah Davis, executive director at Serenity Haven.
Crummy as it is for these business owners, state law is indeed on the water district’s side. As I have reported before, unless you can demonstrate that a government agency was negligent in a water main break, you’re usually on your own.
“There’s right and wrong,” said Niles. “And this feels very wrong.”
Each business has its own insurance, which would likely cover a flood had the water came up through a drain. But, if a flood originates from outside the business, the resulting damage claims would likely not be covered.
