A Jefferson County developer who accused the government of trying to renege on a water deal is working to keep his case from being dismissed by a federal court.
Charles Church McKay, along with RAC Development Corp., filed suit late last year against three parties to enforce a 1985 settlement agreement to provide water to a property.
But a court in January said it lacks jurisdiction to enforce the agreement and dismissed the case against two of the parties — government contractors Rockwell International Corp. and Kaiser-Hill Co.
A response was filed with the court Friday on McKay’s behalf urging the court to reconsider, and exercise its authority to enforce the settlement agreement with the government.
“The government agreed to specific performance in the settlement agreement, and it should be held to its promise,” the statement said.
The suit accused the Department of Energy, Rockwell and Kaiser-Hill of breaching a contract to supply 20,000 gallons of water per day to Rock Creek Industrial Park.
The industrial park is near the now-defunct Rocky Flats Nuclear Facility, according to McKay’s suit.
The DOE, which operated the only water treatment facility in the area, had supplied the water.
But with Rocky Flats no longer operating, DOE officials took the plant out of operation last year.
DOE officials could not be reached for comment.
McKay, who is the owner and operator of Church Ranch and is based in Westminster, is working with Arvada to develop a portion of the Vauxmont and Cimarron Park commercial and industrial development.
Because McKay’s property is no longer receiving water, he is working with an engineering company to design an alternative water supply.
The new system would require acquiring easements and rights of way, and overall it could cost him $2 to $4 million, he said.
RAC Development Corp., based in Golden, purchased the two buildings from McKay in 1987.