From The Pueblo Chieftain (Chris Woodka):
Pueblo County commissioners say the state should be a referee, rather than a sponsor, in future water projects and they want to emphasize local regulation.
“The county’s experience has been that federal and state regulations and enforcement alone have been inadequate to protect against local impacts of water projects,” the commissioners wrote in comments on the state water plan filed last week.
The deadline for comments was Thursday. Commissioners Liane “Buffie” McFadyen, Terry Hart and Sal Pace jointly signed the letter to Gov. John Hickenlooper and the Colorado Water Conservation Board, who are working to finish the plan by December.
The commissioners want to make sure that the state water plan does not undermine the authority of the state’s counties and cities to regulate water projects under laws such as HB1034 and HB1041, both passed in 1974 to provide local regulation of statewide activities, including water projects.
Pueblo County has used the 1041 process most notably in obtaining mitigation for the Southern Delivery System, an $840 million project that is designed to bring water from Pueblo Dam to Colorado Springs.
SDS is scheduled to go online in 2016, and under the 2009 permit for the project, Colorado Springs has been required to spend an additional $75 million to fortify sewer lines, $50 million for Fountain Creek flood control, $15 million for roads, $4 million for wetlands restoration and $2.2 million for Fountain Creek channel dredging, among other conditions.
“To avoid confusion as to the local government’s authority to deny a permit for a specific project, we recommend that the following sentence be added: ‘A permit may be denied for a specific water project that does not meet the standards or criteria of the local regulations,’ ” the commissioners wrote.
The county also wants the state to remain neutral in water projects.
“Pueblo County does not believe that it is appropriate for the state of Colorado to endorse or become a sponsor of a water project in most cases,” they said.
The board also wants to include stormwater control in the state definition for watershed protection. Most of the efforts in the last three years in watershed health have focused on mitigating the damage from large wildfires, but Pueblo County said equal attention has to be given to the effects on water quality from increased stormwater caused by development, such as what has occurred on Fountain Creek.
Stormwater has been a key issue in regulation of SDS as well. A recent study for the county by Wright Water Engineers found that 370,000 tons of sediment are deposited each year between Colorado and Pueblo, decreasing the effectiveness of Fountain Creek levees.
Finally, the county wants water reuse to get more emphasis in the state water plan.
“The benefits to Pueblo County of promoting reuse are twofold,” commissioners said. “First, municipal reuse would reduce the need for dry-up of agricultural lands and transfers of agricultural water rights to municipal use. Second, reuse in El Paso County would reduce and control damaging flows in Fountain Creek through Pueblo County.”