Fountain Creek trial: @EPA, et al. v. Colorado Springs begins

The confluence of Fountain Creek and the Arkansas River in Pueblo County — photo via the Colorado Springs Business Journal

From The Pueblo Chieftain (Robert Boczkiewic):

A trial began Wednesday to determine whether the city of Colorado Springs violated clean water laws by discharging pollutants and large-volume water flows from its storm water into Fountain Creek and other Arkansas River tributaries.

The trial is for a 2016 lawsuit by federal and state.environmental agencies against Colorado Springs. The case is central to long-standing disputes that Pueblo County and the Lower Arkansas River Valley have with the city for defiling the creek and the river.

The environmental agencies contend the city is responsible for creating a threat to public health because the stormwaters increase levels of E. coli, pesticides and other pollutants into the creek.

The agencies also contend discharge of “extraordinary high levels of sediment impairs (the creek’s) ability to sustain aquatic life, damages downstream infrastructure and communities like Pueblo, worsen flood damage (and) impairs farmers’ ability to irrigate and obtain water to which they are legally entitled under Colorado law.”

Senior Judge Richard P. Match of U.S. District Court in Denver is presiding over the trial that is expected to run at least 10 days.

The Pueblo County Board of County Commissioners and the Lower Arkansas Water Conservancy District joined the U.S. Environmental Protection Agency and the Colorado Department of Health and Environment as plaintiffs by intervening in the case.

The district is comprised of Pueblo, Otero, Crowley, Bent and Prowers counties.

The lawsuit alleges that damage to the creek and river is caused because Colorado Springs’ stormwater system is inadequate, and for numerous years has violated clean water laws by exceeding discharge limits set in permits issued by the state for the system…

An attorney for the city, Steven Perfrement, defended the city’s efforts to operate the system, and to control discharges of pollutants and the volume of water flows. “The city has adopted programs and enforces them.”

One thought on “Fountain Creek trial: @EPA, et al. v. Colorado Springs begins

  1. Cause and Effect
    Developed Flow Storm Waters
    ( DFSW’s)
    Tuesday 2:30 pm
    September 10th 2019
    The November 9th 2016 Lawsuit. USA EPA and State of Colorado Health and Environmental Development
    et al
    V.
    City of Colorado Springs CO.
    Has been coming on for decades,
    I would say from the late 1970’s
    Had the City of C/S followed their own ( M S 4 ) permit obtained in the 1970’s from ElPaso Paso County the water ways and DFSW’s would have been correctly managed from the beginning of their ( M S 4)
    Permit.
    At the end of the day who pays for all this is the end user,
    The Home Owner,
    The Business Owner
    That buys the finished development,
    Ask your self who was the Attorney General for Colorado in 2013 and 2015 when the EPA and State did their Surveys of those three (3 ) of the hundreds of projects that were chosen to be called out in the Law Suit,
    That same Attorney General had to have his hands in the formulation of the November 2016 Law Suit,
    Now then some changes are in the works to prevent future violations of The Clean Water Act
    But what about the Decades of Damages to all the other properties damaged and depleted in value,
    Who pays for that??.
    Do all of those other property owners just get pushed aside,
    Or do they Now have to Bring Suit against the City of C/S
    We All know the answer to that,
    From the banks;
    of Cottonwood Creek
    Just another Victom
    Ross W. Clinger O.P.
    Historic Peacock Ranch

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