From The Pueblo Chieftain (Chris Woodka):
The [Colorado Water Quality Control Commission] voted to keep Fountain Creek impaired for selenium from Colorado 47 to its confluence with the Arkansas River and added a seasonal impairment, from May to October, for E. coli. The portion of Fountain Creek from the Monument Creek confluence to Colorado 47 was deemed impaired year-round for E. coli, but received no designation for selenium. “There just wasn’t enough data in order to list selenium on the upper reach,” said John Klomp, a member of the commission from Pueblo.
The decision represents a partial victory for environmental groups that argued for impairment of both reaches for E. coli and selenium, based on data that show Fountain Creek is nearing annual limits. After meetings with various parties, the Colorado Water Quality Control Division revised its initial recommendations to make the standards tougher for E. coli north of Pueblo and to retain selenium as a listed contaminant. “We heard a lot of testimony at the hearing and I feel comfortable with the decision we made,” Klomp said. “In particular, I’m glad we decided to continue listing E. coli annually with the problems we’ve seen downstream in Pueblo.”[…]
Colorado Springs Utilities supported the initial recommendations of Colorado Water Quality Control Division staff to list E. coli as a seasonal impairment for just six months and to not list selenium on both stretches. E. coli is an indicator of the presence of bacteria in the water, and some studies have shown the major causes may be from nonpoint sources other than sewer plants. For instance, a study by the U.S. Geological Survey completed on Upper Fountain Creek (above the Monument Creek confluence) concluded pigeons in Manitou Springs were the most probable source of bacteria in the way. Source studies have not been completed on the reaches of Fountain Creek affected by Monday’s decision, however. Data compiled by the state and other agencies show the levels of E. coli are highest in warmer months when there is more water in the creek. Selenium is an element essential to life but toxic in high concentrations. Studies show it probably loads as water passes over Pierre shale formations that are found throughout the Pueblo area.
From The Pueblo Chieftain (Chris Woodka):
The Colorado Water Quality Control Commission on Monday heard arguments about a state proposal to list Fountain Creek from its confluence with Monument Creek to the Arkansas River as only seasonally impaired for E. coli and not impaired for selenium.
The Rocky Mountain Environmental Labor Coalition, Sierra Club and Pueblo District Attorney Bill Thiebaut are challenging the proposal, saying the creek should be listed as impaired for E. coli, an indicator of potentially harmful bacteria, and selenium, a necessary element for living things that is harmful or deadly in elevated concentrations. Their arguments center on the potential for future limits on wastewater discharges to increase. Atencio and Chostner, both members of the newly formed Fountain Creek Watershed Flood Control and Greenway District board, point to plans that would increase future recreational use of Fountain Creek in Pueblo and urged the Water Quality Commission to adopt the stricter standards.
The city is working with Colorado Springs and the Lower Arkansas Valley Water Conservancy District to develop a park at the confluence of Fountain Creek and the Arkansas River. They said this will lead to year-round use, not just the May-October recreation season Colorado Springs attorney Richard Griffith argued for in a Jan. 27 statement. “Contrary to the statements made by Colorado Springs Utilities . . . we envision that, in the near future, Confluence Park will support recreational activities such as kayaking and canoeing, fishing, wading or just leisurely enjoy(ing) a walk by the creek,” Chostner and Atencio wrote in a joint letter last week to the commission. They also alluded to two recent decisions that “call into question El Paso County’s commitment to water quality on Fountain Creek” — the demise of Colorado Springs stormwater enterprise and the decision by El Paso County commissioners to allow a gravel pit opposed by the Fountain Creek district. “Water quality standards cannot be relaxed,” Chostner and Atencio told the water quality board. “Your action is vital in improving water quality in Fountain Creek, given the recent indifference shown by upstream users.”
Colorado Springs also answered charges by the environmental groups, in a motion last week from Kenneth Burgess, deputy city attorney for Utilities. Burgess took issue with the environmental groups’ interpretation of how discharge permits would be applied, saying the issue has been subject to differing federal court opinions, which have not been resolved by the U.S. Supreme Court. Courts reached vastly different opinions on how total maximum daily limits, or TMDLs, are applied in cases from Arizona, Arkansas and Minnesota. In some cases, courts ruled pollution, as measured by TMDLs, could be offset by reductions of nonpoint sources, while others prohibit adding more of a pollutant to an impaired stream. Burgess said the issues would apply statewide if the Water Quality Control Commission chose to act on it, and others have not been given adequate notice. “These issues are not within the scope of this proceeding, and in addition were raised too late in this proceeding and should be stricken,” Burgess said…
Colorado Springs Utilities also took issue with published statements by local Sierra Club Chairman Ross Vincent last week saying the change in seasonal levels for standards would allow for elevated discharges in winter months once the Southern Delivery System is built. Colorado Springs and other sewer plants on Fountain Creek would still be limited to TMDLs, under the Clean Water Act, said Keith Riley, SDS planning manager.