Fountain Creek: Mayor Bach takes position that Pueblo County’s 1041 permit is non-specific with respect to projects

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From the Colorado Springs Independent (Pam Zubeck):

After Mayor Steve Bach and Council President Keith King sent a June 6 letter to Pueblo County misstating the facts about Colorado Springs Utilities’ permit to build the Southern Delivery System (“Storm brewing,” News, July 17), they corrected the record with a new letter sent July 19.

In the June 6 version, the city said a Stormwater Enterprise projects list was submitted “as part of” the 1041 construction permit process for the water pipeline from Pueblo Reservoir. There was no such project list or dollar figure submitted by the city as part of the 1041 permit itself, records show, meaning the city made no concrete pledges to spend a certain amount of money on stormwater or to do certain projects.

Rather, the permit, issued in April 2009, simply requires the city to ensure that Fountain Creek peak flows that result from new development served by the water pipeline are no greater than prior peak flows.

Although City Attorney Chris Melcher said in a statement to the Indy on July 15 that the June 6 letter “was accurate,” Bach and King wrote a new letter on July 19 “to clarify any potential misunderstanding of our letter of June 6, 2013.”

This letter also said that while there were “conversations” about stormwater projects, “it is clear that the 1041 Permit itself does not require or adopt any specific list of capital projects that must be implemented … [n]or does the 1041 Permit require a specific dollar amount to be allocated.”

The July 19 letter prompted Pueblo County Commissioner Sal Pace to tell the Pueblo Chieftain he was “furious” and “confused.”

More Southern Delivery System coverage here and here.

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