Fountain Creek: @EPA and CDPHE lawsuit prep. to continue until April 2018

Fountain Creek

From The Pueblo Chieftain (Robert Boczkiewicz):

Senior U.S. District Judge Richard Matsch, who is presiding over the lawsuit, stated Thursday that pre-trial preparation will continue until April. Matsch, in a written order, said he will set a trial date after that.

In pre-trial work so far, Colorado Springs has turned over 1,275 boxes of documents to the EPA and the state environment department to examine for possible evidence. That is part of the legal process known as “discovery.”

Matsch earlier this year granted requests from the Board of Pueblo County Commissioners and the Lower Arkansas Valley Water Conservancy District to intervene in the case, on the side of the environmental agencies. Intervention allows the commissioners and the conservancy district to have a direct voice in the litigation in order to protect their interests.

The district encompasses Bent, Crowley, Otero, Prowers and Pueblo counties, where considerable produce is grown. District officials told Matsch they want to ensure the quality of the river water.

Colorado Springs has denied it is violating the laws. Mayor John Suthers has pointed to its commitment of money and manpower to improve its stormwater system.

The lawsuit seeks a court order requiring the city “to develop, implement and enforce” its storm management program, as required by permits issued by the environmental agencies.

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