The diminishing water level in the 280-acre lake south of the Colorado Springs Airport is intentional. Gary Steen, manager of the Fountain Mutual Irrigation Company that owns the Big Johnson, said Tuesday morning that his company has been draining the reservoir since the summer of 2016 and preparing to repair three outlet gates…
The irrigation company typically fills the reservoir in the fall and winter months before the irrigation season begins in early April. Steen said crews have been building a bypass pipeline for the last few weeks and will finish the work prior to April 1.
When Fountain Mutual built the reservoir in 1910, it took control of a water storage decree that dates back to 1903, Steen said. That decree allows the company to store up to 10,000-acre feet of water in the lake. But, according to Steen, sediment in the reservoir has diminished its capacity over the years to about 5,000-acre feet.
The city’s denial is its first response in court to a lawsuit that claims discharges of pollutants into Fountain Creek and other tributaries violate the laws. The discharges are from Colorado Springs’ stormwater system…
Colorado Springs asserted in Monday’s filing that it “has at all times been in compliance” with permits issued by the state agency to govern the discharges and the stormwater system.
The city contends it should not be subjected to court orders or monetary penalties that the environmental agencies want a judge to impose.
Colorado Springs also contends that allegations in the lawsuit misrepresent the facts of issues in dispute.
The Lake County Board of County Commissioners officially established a water enterprise during a regular meeting on Tuesday, Jan. 3, allowing it to secure the county’s water deal with the Mount Massive Golf Course.
The two motions were pushed through Tuesday because it was Bruce Hix and Michael Bordogna’s last meeting as county commissioners, and there were worries about conflicts of interest related to the water enterprise for both incoming commissioners, Mark Glenn and Sarah Mudge.
The water enterprise serves as the legal mechanism from which the county can lease water to entities such as the golf course.
There are only two uses for which the county can lease water currently – to cover the evaporative loss of Hayden pond, and to help supply water the golf course.
Bordogna said the county expects there to be much greater use in the future due to further development in the county.
The county may return funds to the general fund from the enterprise, but may not take loans that are outside of current statutory loans to fund it.
The county will also be unable to levy taxes to create the water enterprise.
Pueblo West will have the right to store water in Pueblo Reservoir in the future, should the storage be needed, after the Metropolitan District agreed to enter into a subcontract with the Southeastern Colorado Water Conservancy District…
The master plan contract is between the Bureau of Reclamation and the water district, and Pueblo West now has a subcontract with water district for its storage rights.
The contract allows Pueblo West to begin paying for 10 acre feet, at the starting rate of $40.04 per acre foot of water, in 2017. But the contract gives Pueblo West the ability to store as much as 6,000 acre feet of water in the future should the storage ability be necessary.
The Pueblo Dam will soon be producing enough renewable energy to power 3,000 homes. The Southeastern Colorado Water Conservancy District plans to begin construction of the $19.5 million hydroelectric generating station later this year. The construction site will be located downstream form the Pueblo Dam River Outlet which was constructed to serve as the connection for the Colorado Springs Utilities Southern Delivery System.
“We’ll be using the water that’s flowing into the river again, we won’t be consuming any of that water,” explained Conservancy District spokesman Chris Woodka.
The District borrowed $17 million from the Colorado Water Conservation Board to build the plant. It will house a trio of turbines, each capable of producing electricity whether the river is moving fast or slow.
“We designed it so that it would at several different flows so that we could get the maximum production out of it,” Woodka said.
With a rating of 7.5 megawatts, the plant will create enough power for roughly 3,000 homes. It’s the kind of clean power that City leaders in Pueblo want for their community…
The Conservancy District expects to generate around $1.4 million annually from the sale of it’s electricity. Groundbreaking is expected to take place in May and Woodka said their goal is to have the power plant go online in the Spring of 2018.
Pueblo County commissioners and the Lower Arkansas Valley Water Conservancy District can intervene in the suit, U.S. District Judge Richard P. Matsch ruled Thursday.
A year ago, Pueblo County commissioners signed off on an intergovernmental stormwater agreement with Colorado Springs, ensuring that the city will spend $460 million over 20 years to provide 71 stormwater projects aimed at minimizing Fountain Creek’s effects on downstream communities.
The creek flows downstream carrying excess sedimentation, E. coli contamination and other pollution, claims the Lower Ark, which represents the largely agricultural areas of Bent, Crowley, Otero, Prowers and Pueblo counties.
County officials have echoed those concerns.
And the EPA, after conducting audits in 2013 and 2015 of the city’s stormwater system, found that the creek and its tributaries were eroded and widened, their waters combining with surface runoff to create excessive sedimentation and substandard water quality.
Federal officials upbraided the city for not demanding enough infrastructure from developers and for not maintaining the culverts and creeks snaking through the city.
The lawsuit, filed by the U.S. Department of Justice on the EPA’s behalf, and by the Colorado Department of Public Health and Environment, is a serious concern for Mayor John Suthers, who has made the city’s long-neglected stormwater infrastructure a top priority.
In addition to the agreement with Pueblo County, he has more than doubled the stormwater division’s staff, added a new manager and overseen the Nov. 2 release of an inch-thick Stormwater Program Implementation Plan.
The EPA and state filed suit one week later, on Nov. 9.
Pueblo County was granted a motion Thursday that allows the county to join in a federal/state lawsuit against the city of Colorado Springs.
The Lower Arkansas Valley Water Conservancy District also was allowed to join the case as an intervenor to protect the district’s interest during the litigation…
Pueblo County filed the motion to intervene last week. The lawsuit was filed Nov. 9 in U.S. District Court in Denver by the Environmental Protection Agency and the Colorado Department of Public Health and Environment against Colorado Springs.
The Lower Ark district filed the same motion in November.
The lawsuit claims there is harm caused by discharges of pollutants down Fountain Creek into Pueblo and east to the Arkansas River’s other tributaries.
It also claims the city of Colorado Springs made numerous violations of their Municipal Separate Storm Sewer System permit issued by the state.
Alleged violations by Colorado Springs include the failure to adequately fund its stormwater management program, to properly maintain its stormwater facilities and to reduce the discharge of pollutants to the maximum extent practicable.
Hart and fellow Commissioners Sal Pace and Garrison Ortiz have said they cherish the relationship the county has developed with Colorado Springs through negotiations over the Southern Delivery System’s 1041 permit agreement and hope this will not do anything to damage it.
The Pueblo County commissioners on Wednesday asked staff to file a motion to intervene in a lawsuit filed Nov. 9 in U.S. District Court in Denver by the Environmental Protection Agency and the Colorado Department of Public Health and Environment against Colorado Springs.
Pueblo County wants to join the case to protect its interest during the litigation.
“We did it primarily to make sure we have a seat at the table,” said Pueblo County Commission Chairman Terry Hart.
“It’s one of those issues that whenever any kind of conversation is going on that concerns Fountain Creek or the water volume or quality that’s in the creek, we feel it affects the citizens in our community.”
By intervening in the lawsuit Pueblo County hopes to:
Support the EPA and CDPHE in its regulatory mission.
Ensure that stormwater control infrastructure within Colorado Springs is properly operated and maintained.
Ensure that there are no conflicts or inconsistencies between the stormwater intergovernmental agreement recently entered by the county and Colorado Springs and any remedy, judgment or settlement entered in this case.
Require Colorado Springs to become, and then remain, compliant with the Clean Water Act, the Colorado Water Quality Control Act, stormwater regulations and the conditions of Colorado Springs’ MS4 permit, and protect against future violations.
Work with Colorado Springs to develop, implement and enforce its’ Stormwater Management Program as required by the MS4 permit.
Prohibit Colorado Springs from discharging stormwater that is not in compliance with its MS4 permit or its SMP.