NOTICE!

NOTICE TO CURRENT AND FORMER CUSTOMERS OF CURRY WATER AUTHORITY, INC.

Summary:

This Notice concerns a class-action lawsuit filed on July 20, 2016, in which the Plaintiff, Donnie Jimmerson, seeks to prevent the Defendant, Curry Water Authority, Inc. (“CWA”), from constructing a water intake and treatment facility at Smith Lake to provide an independent source of water for CWA, to be funded by revenues generated from the sale of water to CWA customers. Donnie Jimmerson, individually and on behalf of all others similarly situated, v. Curry Water Authority, Inc., Civil Action No. 64-CV-2016-900237 (hereinafter the “Lawsuit”). After extensive pretrial proceedings, including the exchange of numerous documents and the taking of depositions, the parties have reached a settlement agreement which, if approved by the Court, will allow construction of the Smith Lake Facility to go forward as provided in the Settlement Agreement and in the proposed Final Judgment and Class Action Settlement Approval which has been agreed- upon by the parties and attached to this Notice. As originally planned, construction of the facility will be financed and paid for with the use of CWA funds from the sale of water to its customers, with the obligation that funds used for the Smith Lake Facility will be expended in full compliance with law. Since construction of the Smith Lake Facility will now go forward, the settlement has no provision for the return of any CWA funds received for the purchase of water to members of the class. Any member of the class may file an objection to the settlement using the procedure outlined in this Notice.

Who is Affected?

The covered class includes all current water users/ratepayers/customers (hereinafter, “Customers”) of CWA and former Customers of CWA at any time since July 20, 2010 (the “Class Period”). For purposes of the settlement, “Customer” includes all persons, businesses or other entities who are or were a signatory to a CWA Water User Contract and/or on the list of water user accounts with CWA during the Class Period.

What is the Lawsuit About?

Mr. Jimmerson, on behalf of himself and the Class, claimed in the Lawsuit (a) that CWA lacked the legal authority to construct a water intake and treatment facility at Lewis Smith Lake to provide water for its customers, and (b) that the rates charged to CWA customers for water were unreasonably high and unlawful because those funds would be used to construct the allegedly unauthorized Smith Lake Facility. CWA has defended the case by asserting that under Alabama Law it has specific legal authority to construct the Smith Lake Facility with funds paid by its Customers for the purchase of water, and that CWA has obtained regulatory approval for the Smith Lake Facility from both the Federal Energy Regulatory Commission and the Alabama Department of Environmental Management. CWA further contends that its rates have never been unreasonable or unlawful.

Who Represents the Class?

Donnie Jimmerson is the Plaintiff and designated “Class Representative” in the Lawsuit. He has been a customer of CWA since 2003. The attorneys representing Mr. Jimmerson as “Class Counsel” are Brandy M. Lee, F. Hilton Tomlinson, and Brice M. Johnston. You do not have to pay Class Counsel anything in this case. If the settlement is approved, Class Counsel will request that the Court approve an award to them for their fees and costs to be paid by CWA. You may hire your own attorney to advise you, to file an objection to the settlement, or appear in Court for you. If you do, then you will be responsible for paying for your own attorney.

What are Your Options?

You do not have the choice to opt out or be excluded from the settlement, but you do have the right to file an objection to the settlement with the Court. To object to the settlement, you or your attorney must either (a) file your objection with the Clerk of the Circuit Court of Walker County, Alabama by no later than 4:30 p.m. (Central Standard Time) on September 4, 2018, or (b) you may mail your objection to the Clerk of the Court postmarked no later than September 4, 2018. Any objection must include the following information: (1) the case name and case number of the lawsuit which appears in the first paragraph of this Notice; (2) your full name, address, telephone number; (3) you must state the basis of your membership in the Class, for example, “current customer” or “former customer of CWA during the period after July 20, 2010”; (4) a statement of your objection and a description of any evidence you want the Court to consider in support of your objection; and (5) your signature. If you fail to make a timely objection or fail to include the information required by the foregoing procedure, your objection will not be considered and you will be bound by the terms of the Settlement Agreement if it is approved by the Court.

Hearing on Objections

A hearing will be conducted by the Court to consider objections on October 1, 2018, at 9:00 a.m. in Courtroom 303 of the Walker County Courthouse, 1803 3rd Avenue, Jasper, Alabama 35501.

Where can I get More Information?

More information on the Lawsuit can be obtained at the Office of the Clerk of Court for the Circuit Court of Walker County, Alabama, which is located at 1803 3rd Avenue, #205, Jasper, Alabama 35501 (205) 384-7268. You will need to reference the case number when contacting the Clerk’s office. Class members may obtain a copy of the Settlement Agreement at CWA’s office at 905 Brakefield Dairy Road, Jasper, Alabama 35503 ((205) 221-4216).

Proposed-Final-Judgment-(B1070295x9EB6D).pdf