WOODS CROSS -- Much to the chagrin of the Davis County Health Department, a judge's ruling Tuesday confirms that Woods Cross has a "functionally separate" water system, allowing the city to prevent fluoridated drinking water to flow into the city.

Judge Glen R. Dawson, of Bountiful's 2nd District Court ruled that since Woods Cross had shut off Weber Basin's water supply to the city before fluoridation occurred, the city was exempt to the order, according to Gerald Hess, chief civil deputy attorney for Davis County.

"We were quite surprised," said Delane McGarvey, associate director of Davis County Health Department. "We thought it was a county-wide vote and it should apply county-wide."

Fluoridation for Davis County was voted on in November of 2000 and approved county-wide by a 52 to 48 margin.