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.”

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