Lower Ark pens letter to @EPA chief Pruitt in support of lawsuit

The Fountain Creek Watershed is located along the central front range of Colorado. It is a 927-square mile watershed that drains south into the Arkansas River at Pueblo. The watershed is bordered by the Palmer Divide to the north, Pikes Peak to the west, and a minor divide 20 miles east of Colorado Springs. Map via the Fountain Creek Watershed Flood Control and Greenway District.

From The Pueblo Chieftain (Jon Pompia):

The lower district recently submitted a letter to EPA administrator Scott Pruitt, reminding him that far from “picking on” Colorado Springs — as Lamborn and Colorado Springs Mayor John Suthers contend — the “EPA is carrying out its statutory responsibility to enforce the Clean Water Act against a permittee that district has sought for nearly a decade to get to live up to its stormwater obligations.”

The dispatch comes on the heels of letters sent by the Pueblo County commissioners to members of the state’s federal congressional delegation, urging the EPA to follow through on its suit, which was filed in conjunction with the state in U.S. District Court in November 2016.

Signed by Lynden Gill, the lower district’s board chair, the letter goes on to highlight efforts, dating back to at least 2008, in getting Colorado Springs to comply with its stormwater permit. Those efforts extended to the lower district filing a notice of intent to file a citizen’s suit pursuant to the Clean Water Act in November 2014.

The lower district, along with Pueblo County, became parties of interest along with the EPA and the state in the lawsuit charging Colorado Springs with illegally discharging pollutants into Fountain Creek and the Arkansas River.

“In short,” the letter continues, “the lower district appreciates EPA’s enforcement action against the city, action the lower district had felt compelled to undertake on its own before EPA sued the city, and can now jointly pursue with EPA and the State of Colorado.”

The letter concludes with a plea for EPA not to abandon the lower district but pursue enforcement of Colorado Springs’ stormwater violations.

Jay Winner, general manager of the lower district, expressed hope the letter will serve its purpose…

Winner said that while the EPA may choose to withdraw from the lawsuit, it cannot halt it.

“That’s why Pueblo County, the lower district and the state intervened — because if they withdraw, we’re still in,” Winner said.

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