Southern Delivery System: Pueblo County D.A. Thiebaut files appeal over the Colorado Water Quality Control Division’s issuance of a water quality certification permit for the project

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From The Pueblo Chieftain (Jeff Tucker):

The appeal, which was filed in Pueblo District Court, names Colorado Springs Utilities, the Colorado Water Quality Control Commission and Steven H. Gunderson, director of the water quality control division, as defendants. Thiebaut claims their actions to approve a certification for SDS were arbitrary, capricious and contrary to law. He has asked the court to reverse the decisions by the division and commission, and declare they exceeded their jurisdiction or abused discretion in issuing the certification. The appeal also asks the court to issue an injunction prohibiting the water quality division and the commission from taking any action contrary to the court’s order…

It also claims the approval of the certificate by the Water Quality Control Division and its commission failed to comply with public notice requirements and anti-degradation requirements. The division’s certificate and the commission’s affirmation of the permit” was not based on a reliable scientific or quantitative methodology or competent evidence,” the suit stated…

Further, the appeal claims that the determinations SDS would cause no significant degradation to water quality on the Arkansas and Fountain or that water quality standards would be met weren’t supported by any facts, data or analysis in the record…

Finally, the appeal claims the Water Quality Control Division failed to conduct a full analysis of whether SDS would degrade water quality or whether the degradation was necessary to accommodate important economic or social development in the area.

More Southern Delivery System coverage here and here.

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