Major breakthrough reached in #FountainCreek case to settle clean water lawsuit — The #Pueblo Chieftain

From The Pueblo Chieftain (Robert Boczkiewicz):

After years of hard feelings in Pueblo County and the Lower Arkansas River valley about Colorado Springs’ degradation of Fountain Creek and the river, a resolution is on the horizon.

That city, government clean water agencies, Pueblo County and a lower valley water conservancy district have decided how to solve their dispute in order to improve the quality of water flowing in the creek from the city into Pueblo County and eastward down the river.

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

On Thursday, they submitted a 169-page proposed agreement, known as a “Consent Decree,” to Senior Judge John L. Kane Jr. of the U.S. District Court for Colorado.

The plan would require Colorado Springs to spend millions of dollars to improve its storm water sewer system in order to better control pollution discharges and excessive flows into the creek…

Meanwhile, Jay Winner, general manager of the water conservancy district, told The Chieftain the plan will benefit both Pueblo and the lower valley.

“This will be of great help in the lower part of the basin improving water quality,” Winner,said. “Water quality is the next great paradigm shift throughout the world.”

[…]

All of the litigants — the five parties to the case –negotiated for the past year what the city would do to remedy the violations.

The discharges damaged the creek bed and caused flooding, as well as creating a public health risk. Key agricultural regions of the lower valley have been affected by the polluted water and excessive volume.

The plan requires Colorado Springs to perform $11 million of mitigation to offset the environmental harm caused by its alleged violations, and pay the United States a $1 million civil penalty.

In addition, instead of receiving a civil penalty payment, the state “agrees that the city shall satisfy the state civil penalty through performance of a State approved supplemental environmental project valued at $1 million, to be performed” by the water conservancy district, according to a document filed Thursday in court…

Winner pointed to several benefits that the agreement would bring.

“The communities that have wells in the alluvium should get a much higher quality of water,” he said. The plan “should remove just enough silt so that the river stays in the channel and does not spread out due to an increased bed load, leaving more water in the channel as opposed to flooding areas such as North La Junta.

“This should keep more water in the ditches to help farmers,” Winner said. “When the river crests its banks that water belongs to farmers and they are unable to use it.”

Arkansas River Basin — Graphic via the Colorado Geological Survey

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