Senior Judge John L. Kane grants another delay in the #FountainCreek lawsuit (May 22, 2020)

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 (Robert Boczkiewicz):

A new court document states that progress continues toward resolving an environmental lawsuit against Colorado Springs for degrading Fountain Creek.

The document was filed last week in Denver at the U.S. District Court for Colorado, where the lawsuit is pending.

“The parties have continued to make significant progress toward a settlement that encompasses an agreement for relief for all violations alleged,” the court filing states…

After a trial last year, a judge decided Colorado Springs had violated its permit that regulates discharges of the city’s storm water sewer system into the creek. Remaining to be decided is what the city would do to remedy the violations.

The new document states that since October, the five parties have been exchanging drafts of a proposed agreement on how to settle the dispute.

“The parties have met monthly (since November and) continued to have monthly scheduled settlement meetings so that they can continue their progress toward (a settlement),” the document states.

Last week, Senior Judge John L. Kane granted the parties’ request to keep the case on hold until May 22, so they can continue their work. Kane is presiding over the case.

He emphasized, however, he would not keep the case on hold beyond May 22 based on the same grounds that the parties have been stating.

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