U.S. District Judge Richard Matsch wrote that he found “a pattern of the city tolerating delays in correcting the problems reported” — The Colorado Springs Gazette

Fountain Creek flooding 1999 via the CWCB

From The Colorado Springs Gazette (Conrad Swanson):

U.S. District Judge Richard Matsch heard the case in early September in a trial that lasted for more than a week. He issued his findings Friday afternoon.

Matsch ruled that the city violated its federal stormwater permit at Indigo Ranch North, a development at Stetson Ridge; Star Ranch, a luxury homes community on the city’s southwest side; and MorningStar at Bear Creek, a senior living center.

Matsch, who has yet to rule on other allegations against the city, did not say whether the city will face penalties for the violations…

In his ruling, Matsch wrote that city officials waived best stormwater management practices at Indigo Ranch North without sufficient justification. City officials also did not adequately oversee construction at the Star Ranch development to ensure compliance with stormwater requirements.

The city was obligated under those stormwater rules to reduce the amount of pollutants discharged from sites, which can erode stream banks, degrade water quality and harm downstream communities.

Stormwater from all three sites discharged into either Sand Creek or Fountain Creek farther downstream.

Pueblo County and the Lower Arkansas District cited increased E. coli levels, erosion and flooding as a result of Colorado Springs’ failure to properly corral stormwater.

City officials approved the design and installation of a detention basin at MorningStar that did not meet drainage requirements set in 2002, Matsch wrote. They also failed to ensure “adequate long-term operation and maintenance” of that basin…

Matsch wrote that he found “a pattern of the city tolerating delays in correcting the problems reported.”

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