Pueblo County and Pueblo West settle lawsuit over Arkansas River winter flow program

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From The Pueblo Chieftain (Chris Woodka):

Lawyers for both sides have reached agreement on language in the settlement, which will allow Pueblo West to receive more credit for return flows of treated wastewater down Wild Horse Dry Creek under the flow program. Pueblo County commissioners will consider the agreement this morning, while the Pueblo West metro district board will take it up at its meeting tonight. The details of the agreement have been hammered out for months and discussed in executive session by both boards. Other parties in the agreement are the Pueblo Board of Water Works, which will consider the agreement at its December meeting, and Colorado Springs Utilities.

The agreement would end a lawsuit filed by Pueblo West in 2009 over conditions imposed by Pueblo County commissioners in approving a 1041 permit for the Southern Delivery System…

Pueblo West would be allowed to exchange water into Lake Pueblo under certain conditions even though its flows enter the Arkansas River about four miles downstream of Pueblo Dam, according to a draft of the agreement. Those flows are upstream of the Pueblo Whitewater Park, so may be counted toward meeting the city of Pueblo’s recreational in-channel diversion decree measurements, the document states. Colorado Springs Utilities agreed to provide up to 900 acre-feet annually in Lake Pueblo to Pueblo West through a contract exchange, or paper trade, of Pueblo West Water in Twin Lakes. Colorado Springs may deliver water directly from Twin Lakes through its Homestake Pipeline. If Pueblo West’s water is delivered to Lake Pueblo via the Arkansas River, it is subject to a 10 percent transit loss. In return, Pueblo West would withdraw a state application to exchange return flows through a pumpback into the golf course wash that flows directly into Lake Pueblo. The plan was discussed in the past two years and met opposition from the Pueblo Area Council of Governments, with the sole exception of Pueblo West. Pueblo West intends to construct a pipeline down Wild Horse Dry Creek that would increase the amount of water it exchanges, and the other parties would support the plan in any PACOG, state health department and water court applications.

More Pueblo West coverage here and here.

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