Southern Delivery System: Colorado Springs Utilities plans to file appeal of Judge Victor Reyes’ decision about water quality permit


From The Pueblo Chieftain (Chris Woodka):

“We do plan to appeal the ruling,” said Janet Rummel, a spokeswoman for Utilities. “We will need to consult with the state on the timing, but anticipate it will be filed as soon as is practical.”

The city also would have the option of following Reyes’ order and seeking another set of guidelines from the Colorado Water Quality Control Division, presumably with another hearing before the commission. The state is evaluating which course to take…

Pueblo District Attorney Bill Thiebaut said SDS does not have a valid permit, but needs one for the project to continue. “In order for the SDS system to proceed, the owners need to obtain one from the state,” Thiebaut said. “Approval of a new 401 certification will require a comment period and opportunity for appeal. In the alternative, the defendants can appeal to a higher court…

Reyes ruled that the adaptive management plan Colorado Springs, the state and other agencies have agreed to is not a reasonable safeguard against contamination of Fountain Creek.

More Southern Delivery System coverage here and here.

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