Southern Delivery System: Critics say Pueblo County permit conditions don’t do enough to protect the county

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Not everyone is happy with the conditions attached to the approval of permits for Colorado Springs’ proposed Southern Delivery System, according to a report from Chris Woodka writing for the Pueblo Chieftain. From the article:

Critics of Pueblo County’s proposed conditions for the Southern Delivery System say they don’t go far enough to protect the county from future ill effects of the $1.1 billion pipeline project…

District Attorney Bill Thiebaut wanted to add eight conditions to the list, primarily aimed at protecting Fountain Creek. Thiebaut filed a federal lawsuit against Colorado Springs in 2005 after repeated sewer line breaks and spills into the Fountain. While his suit was thrown out, a federal judge is still deliberating a parallel suit filed by the Sierra Club. “As district attorney, it is my duty to protect the health and safety of the citizens of Pueblo County and to ensure that laws are being enforced,” Thiebaut said in written testimony to commissioners. Thiebaut said commissioners should require Colorado Springs to build ponds and reservoirs along Fountain Creek; prove the effectiveness of stream crossings of sewer lines against stormwater; prove its sewage treatment plants, collection system and lift stations can handle the additional flows of SDS; provide information about its sewage system to Pueblo; and fully comply with future conditions and rules…

“The terms and conditions do not provide any assurance that sewage collection system stream crossings in the city of Colorado Springs are capable of accommodating the additional stream flows contemplated by SDS,” Thiebaut said. In addition to the $50 million for improvements and $75 million for upgrades to sewers, the county conditions include an adaptive management plan on Fountain Creek, as well as some other specific improvements, such as dredging at Clear Springs Ranch and in the Pueblo levee system as needed. Thiebaut said that isn’t enough. “The terms and conditions do not assure that additional sewage volume into CSU’s sewage collection system will not cause swage pipe failure or overflow from the antiquated vitrified clay sewage pipe which comprises approximately 80 percent of the Colorado Springs sewage collection system,” Thiebaut said…

At Wednesday’s hearing, the Rocky Mountain Environmental Labor Coalition also asked for eight additional restrictions on Colorado Springs if it builds a pipeline through Pueblo County. The coalition’s first choice would be to deny the permit, but the conditions would be needed for approval, said attorney Joe Santarella. The coalition presented an even longer list at a hearing in December. “Most of these conditions have not been adopted in the mitigation plan, but are needed to protect the welfare and environment of Pueblo County and its residents,” Santarella told commissioners. Conditions included restriction of the amount of water pumped through the pipeline to current needs of applicants; creating a trust fund for compensating property owners in the Fountain Creek watershed; removing vegetation at reservoir sites to prevent mercury contamination of Fountain Creek; implementation of conservation ordinances; land use requirements to minimize runoff; use of conservation techniques during construction; use of renewable energy and recycling wastes during construction; and establishing a trust fund to compensate for nuisances during construction. “Most importantly, the commissioners must limit the amount of water diverted from the Arkansas River basin by the SDS pipeline through clear and enforceable regulations,” Santarella said.

Neal Hall, business manager for the Colorado Building Trades and Construction Council, said there should be requirements to assure that contractors on SDS paid a liveable wage to workers. C. Jacob Hobson, president of the Pueblo County Farm Bureau, said the loss of farmland and impact on downstream water users are not addressed in the conditions.

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