Click the link to read the article on the KOAA website (Bill Folsom), Here’s an excerpt:
The ongoing drought in the west motivated a request from Colorado Springs Utilities for an update to city ordinances on annexing new developments into the city. With five in favor and four against, City Council approved the change saying for any development annexations to be considered, the city’s water supply has to be at 130% of what is needed for existing residents. Mayor John Suthers supported the change saying tough decisions are being forced by the current water crisis along the Colorado River Basin.
“Our citizens are asking a simple question, ‘Can you ensure we’ll have enough water?’ This ordinance acts in the public interest and answers that question loud and clear,” said Suthers…
Many developers from the community spoke against the change saying it will make large developments outside the city almost impossible.
Suthers Tweeted, “If we do nothing to maintain a buffer between our water supply and our water usage, and the city suffers a major curtailment of our Colorado River water, further drought will put us in an untenable situation, and we will be responsible for a failure of public policy.”
Colorado Springs Utilities (CSU) recommended the 130% number following an in-depth review of the organization’s capacity and ability to provide water to the city’s citizens. Utilities maintain that the city’s 30% margin buffer allows CSU to consistently provide water year in and year out.
For over a century, the U.S. Army has been plagued by the lasting consequences of its negligent use, storage and disposal of hazardous chemicals. As a result, countless troops and dependents residing on contaminated bases regularly came into contact with toxins known to trigger adverse health effects and deadly diseases.
In high-profile cases like North Carolina’s Camp Lejeune, nearly 1 million service members and their families were exposed to deadly toxins for over 30 years (1953-1987), including health hazards like benzene, vinyl chloride, trichloroethylene, perchloroethylene, and per/polyfluoroalkyl substances — PFAS.
Also known as “forever chemicals,” PFAS are a group of over 12,000 artificial compounds that represent a distinct environmental concern due to their resilient molecular structure, which prevents natural decomposition, allowing them to easily permeate the soil and contaminate drinking water sources. Exposure to PFAS has been linked to testicular cancer, organ damage (liver, kidneys), high cholesterol, decreased vaccine efficiency in children, and impaired reproduction.
On Camp Lejeune and more than 700 army bases across the US, PFAS contamination is directly linked to aqueous film-forming foam used since the early 1970s to extinguish difficult fuel blazes. In 2016, the EPA established a health advisory of 70 parts per trillion for PFOA and PFOS, the main PFAS compounds.
Although service members and their relatives are the most burdened, contamination originating from military sources plays a larger role in an insidious pattern of discrimination that affects marginalized minority communities.
Due to discriminatory redlining policies, land in minority neighborhoods was significantly undervalued and became a cost-efficient solution to situate army bases, industrial facilities, landfills, traffic routes, and other sources of toxic pollution. The higher toxic burden that vulnerable minority communities experience due to systemic prejudice is better known as “environmental racism.”
A 2021 report notes that Colorado has the highest PFAS footprint in the country, with approximately 21,000 sites suspected of using or storing such compounds. Although industrial activities are the primary driver of PFAS’ prevalence, frontline communities also have to contend with contamination from several military sources.
Nine army bases in Colorado are known to have been affected by PFAS due to aqueous film-forming foam, with the most contaminated including Schriever Air Force Base (870,000 ppt), Buckley Space Force Base (formerly Buckley Air Force Base, 205,000 ppt), Fort Carson (156,000 ppt), U.S. Air Force Academy (72,000 ppt) and Peterson Space Force Base (formerly Peterson Air Force Base, 15,000 ppt). Significantly, PFAS from Peterson has previously contaminated the drinking water sources of downstream communities, with a CDC study finding PFAS compounds in the blood of residents in one exposed community registering concentrations 1.8 to 8.1 times the national average.
While the Air Force and Department of Defense have been involved in some remediation efforts, from distributing bottled water to installing filters and building treatment plants, their contributions are considered limited by Coloradans, given the lack of actual PFAS cleanup projects. Unlike Camp Lejeune, none of the contaminated Colorado bases are listed as Superfund sites.
Frontline communities exposed to higher health risks due to environmental racism’s lingering effects rely on state and federal authorities to establish a legal framework that keeps polluters accountable and protects vulnerable citizens. Since 2020, Colorado has enacted some of the country’s most stringent PFAS laws and adopted a PFAS narrative policy that closely follows the EPA’s 2016 advisories.
Federally, the National Defense Authorization Act will see aqueous film-forming foam phased out by 2024 and finance PFAS cleanup projects on contaminated installations, while the Bipartisan Infrastructure Law will provide impacted communities with crucial investments to address pollution and other causes of environmental injustice. The Honoring Our PACT Act will provide improved health benefits and compensation for veterans and military families exposed to toxins in highly contaminated locations like Camp Lejeune.
Despite these encouraging developments, the DoD has yet to commence cleanup on any of the most affected bases in the country per NDAA’s provisions, and diseases resulting from exposure to PFAS aren’t recognized as presumptive conditions under HOPA. Moreover, while Colorado adopted the EPA’s 2016 guidelines, it falls behind other states that employ even stricter standards.
Still, Colorado has the opportunity to stay ahead of the game by implementing more effective PFAS standards that align with the EPA’s most current efforts to regulate these toxic compounds. With the goal of setting enforceable maximum contaminant levels in drinking water, the EPA has drastically reduced its non-binding advisories for PFOA and PFOS in June 2022 to a paltry 0.004 ppt and 0.02 ppt, respectively, illustrating the dangers these substances represent even at exceedingly low concentrations.
New research could help pinpoint “forever chemicals” exposure — giving communities a roadmap for cleanup and individuals direction on what to avoid.
Downstream of a Chemours fluorochemical manufacturing plant on the Cape Fear River in North Carolina, people living in Brunswick and New Hanover counties suffer from higher-than-normal rates of brain tumors, breast cancers and other forms of rare — and accelerated — diseases.
Residents now know this isn’t a coincidence. It’s from years of PFAS contamination from Chemours.
It wasn’t easy to make the connection. More than a decade of water testing and lawsuits identified the link between aggressive cancers and per-and polyfluoroalkyl substances, or PFAS – a class of more than 9,000 toxic and persistent man-made compounds known informally as “forever chemicals.” They’re commonly found in nonstick cookware, water-resistant clothing, firefighting foam, cosmetics, food packaging and recently in school uniforms and insecticides.
The difficulty of tracing these chemicals to a specific source is that Americans — 97% of us, by one estimate — are exposed to potentially thousands of PFAS.
New research published in Science of the Total Environment now finds that tracing models can identify sources of PFAS contamination from people’s blood samples. Instead of using environmental measures of PFAS as a proxy for how people are exposed, the methods use blood samples as a more direct way to map people’s exposure.
“If this works, it would allow us to identify, without any prior knowledge, what people are being exposed to and how they’re being exposed to it,” Dylan Wallis, a lead author of the paper and toxicologist formerly at North Carolina State University, told EHN.
The research, while not yet perfect, marks the beginning of what could become a wide-scale method of determining where the PFAS in our blood came from—such as our food, drinking water or use of nonstick cookware—and how much of it came from each source. But its effectiveness hinges on the need to collect more comprehensive data on where PFAS occurs in people’s bodies, the environment and sources. If scientists can collect this data, then these methods would be able to draw a roadmap for people’s exposure, allowing us to pinpoint problem areas, avoid contamination and implement regulatory changes.
PFAS in blood samples
For this tracing method to work, scientists need an idea of which compounds exist in air, water, food and everyday products in a determined community. First, they have to know where to look for PFAS. This study used data from previous research to identify the types of PFAS in drinking water. Then, they test blood samples for which PFAS are in people’s bodies—although using blood alone gives us only part of the contamination picture, Carla Ng, a chemical and biological engineer at University of Pittsburgh, told EHN. Once they match PFAS proportions in blood to what’s in their drinking water, as in this study, they can gain clues to which sources contributed the chemicals showing up in people’s blood.
“You start to build this picture of what are the inputs, what’s the material they’re getting their exposure from, and then what’s in their blood,” Ng, who was not involved in the study, explained.
The new study analyzed blood samples taken in 2018 and 2020 from residents in Wilmington, North Carolina, and three towns in El Paso County, Colorado. Both communities are near well-known PFAS polluters: the Chemours facility in North Carolina, which manufactures fluoropolymers for nonstick and waterproof products, and the Peterson Space Force Base in Colorado, which uses PFAS-containing firefighting foam, also called AFFFs.
The team used computer models to identify 20 PFAS compounds from residents’ blood samples and then grouped them in categories representing different sources. Some are easy to identify because manufacturers often use a specific type of PFAS. For example, the compounds found in firefighting foam have a unique signature, like a fingerprint, making Peterson Space Force Base the obvious culprit. But more diffuse sources of PFAS, such as those in dust or food, are harder to pin down because scientists aren’t sure which PFAS are in them or where they come from.
In North Carolina and Colorado, the sources were more obvious, allowing the research team to test models’ ability to identify sources. However, to conduct similar research on a national scale is not so simple. The U.S. Centers for Disease Control and Prevention’s National Health and Nutrition Examination Survey has tested levels of PFAS in blood samples nationwide since 1999, but it only tests for a specific list of PFAS, which could overlook the full spectrum of compounds.
Drinking water in both locations in the study shows high levels of fluoroethers and fluoropolymers, many of which are “legacy” PFAS, meaning they have been phased out of production for at least a decade but are still found in drinking water. Because the chemical bonds are so strong, they persist in the environment for years, which is why they show up in blood samples long after companies have stopped using or manufacturing them. Long-chain PFAS like PFOA and PFOS, which are the most-studied compounds with a longer structure of carbon-fluorine bonds, are harder to break down, and they bond to proteins in the blood more easily than short-chain compounds.
“These last a really long time,” Wallis said of long-chain PFAS, which were recorded at levels several times higher than national averages. “If you were drinking a really high level of it 40 years ago, you would still have really high levels of it 40 years later.”
A pollution snapshot
Wallis said they were surprised the models worked because they have never been used for PFAS before. They were built to trace other contaminants in the environment, like particles in air pollution, rather than in people.
Tracing PFAS is more challenging than tracing air pollution for several reasons, Xindi Hu, a lead data scientist at the research organization Mathematica, told EHN. Hu conducted earlier research using a different type of computer analysis of blood samples to identify the main sources of PFAS contamination in the Faroe Islands.
Many PFAS lack distinct chemical fingerprints to tell researchers exactly where a particular compound came from, Hu said. But in the study led by Wallis, the chemical fingerprints from the Space Force base in Colorado and fluorochemical facility in North Carolina are well-known.
“When you take a blood sample, it’s really just a snapshot,” she said. “So how do you translate this snapshot of concentration back to the course of the entire exposure history?”
That’s partly why the new paper’s authors conducted this study: The more compounds that are correctly linked to a source, the better these models will work, Wallis said. In essence, they need a better database of PFAS compounds so the models know how to connect the dots.
PFAS also react differently in the human body than in the environment, and scientists still don’t fully understand how we metabolize different compounds. Shorter-chain PFAS, for example, are more likely to appear in urine samples than in blood because they are water-soluble, said Pittsburgh’s Ng, who studies how PFAS react in humans and wildlife.
“If you’re doing everything on the basis of blood levels, it may not tell you everything you need to know about exposure and potential toxicity,” she said, adding that PFAS could also accumulate in the liver, brain, lungs and other locations where it’s difficult to take samples.
Worse, more modern PFAS with carbon-hydrogen bonds can actually transform into other types of compounds as the body metabolizes them, which could give a false impression of what people are exposed to.
“The key to identifying a good tracer is a molecule that doesn’t transform,” Ng said. Some PFAS are great tracers, she added, but “the more transformable your PFAS is in general, the poorer the tracer is going to be.”
That’s why newer PFAS compounds like GenX were not detected in blood samples or used as tracers in the recent study.
“These models aren’t going to account for everything,” Wallis said. “No model is.”
Stopping the contamination
Wallis and their co-authors said they hope the models can become more accurate for less exposed communities in the future. With more data, it would be easier to suggest what to avoid instead of guessing where PFAS exposures come from, Wallis said, adding that it could lead to more protective regulations.
Although these models can vaguely help identify where compounds might come from in a particular community, it’s not a definitive solution, Alissa Cordner, an environmental sociologist and co-director of the PFAS Project Lab who was not involved in the recent study, told EHN. Even if there’s no immediate application of these methods, identifying where PFAS are is the first step.
“Everybody can point their fingers at other possible sources of contamination,” Cordner said. “The best way to address this is not to try to, after the fact, link people’s exposure to a contamination source. It’s to stop the contamination.”
The Green Mountain Falls Board of Trustees approved plans last week for a new vastly expanded water pump station, being developed by Colorado Springs Utilities.
According to a town staff report, “the new pump station will be located at 10685 Hondo Ave. and will ensure reliable water service for residents and businesses in Green Mountain Falls. It will also provide a safer and more readily accessible working space for CSU, enabling more efficient maintenance and repair activities. CSU is currently finalizing an easement agreement with the property owner to allow the pump station to be built on the site.”
The project was recently discussed by the planning commission. At last week’s trustees meeting, the elected leaders had an extensive discussion with representatives of the project applicant, Dewberry Engineers. The trustees support the project goals, with the need for better infrastructure and the fact that the current pump station, located at the base of several prime trail areas, is outdated. The main concern dealt with a staging area for the preliminary construction efforts. Following considerable discussion, the staging area will occur at intersection of Ute Pass Avenue and Olathe Street. Not all the trustees were on board with the details, especially with the pre-construction staging area, which could involve a number of vehicles. But the Dewberry representatives stressed that they had limited options in GMF due to the small roadways.
El Paso County is accepting applications for its American Rescue Plan Act Water and Wastewater Infrastructure Grant funding opportunity. According to a news release, “[t]he county has allocated $20 million in ARPA funding for necessary investments in water and wastewater infrastructure, to include improvements to drinking water infrastructure, upgrading facilities, managing sewage and other eligible uses.”
“The community has expressed great interest in this particular grant, and it truly is going to be a once-in-a-lifetime opportunity for many communities and projects,” Commissioner Holly Williams said in the release. “This grant will have a monumental impact for decades to come, as it increases peoples’ access to clean drinking water, and replaces many aging infrastructures.”
According to the release, “[a]ll levels of infrastructure have seen increased demands during the pandemic, and our water and wastewater infrastructures are no exception. This $20 million allocation will help El Paso County preserve and be better stewards of our most precious and scarce resource, and is an investment directly allowed under ARPA guidance.”
The application opens Monday, March 28, 2022, and will remain open through 5 p.m. Friday, April 22.
All projects must meet federal eligibility requirements, which include 17 project categories under guidelines published through the Environmental Protection Agency’s Clean Water State Revolving Fund and the Drinking Water State Revolving Fund.
Projects must be located in El Paso County.
The entire allocation for this funding is $20 million and the county expects to fund several projects, the release said, adding a portion of the funding will be reserved specifically for smaller communities and projects.
El Paso County will be hosting a pre-application webinar at 11:30 a.m. on April 4 to answer specific application related questions. To participate in the webinar, join using this link. Participants are encouraged to send questions ahead of time to ARPArequests@elpasoco.com. If you require accommodations or need a translator, send an email to JyotsnaKhattri@elpasoco.com by March 30.
Click the link to read the article on the KRDO website (Jasmine Arenas). Here’s an excerpt:
The El Paso County Board of Commissioners wants to be transparent about the allocation of the American Rescue Plan Act Funds, saying $25 million will go to surface and stormwater infrastructure.
El Paso County ranks second in receiving the most funds in the state, with nearly $140 million in funds. County Commissioner for District 4 Longinos Gonzalez says they are planning to use the leftover funds on water, storm, and road infrastructure…
This comes after the U.S. Treasury Department released the final rule for the state and local recovery funds in January allowing counties to use those dollars for the provision of government services…
As for stormwater infrastructure, the El Paso County Department of Public Works has identified seven projects which amount to $10 million, an additional $5 million will be allocated for future projects…
The county is also asking the community to submit proposals for an additional $20 million in water infrastructure grants.
The city plans to spend upward of $500 million over 20 years to put the brakes on the volume of water pouring into Fountain Creek and points south from storm drainage…
But while the city currently complies with the federal consent decree imposed in 2020 and the 2016 agreement with Pueblo County, city officials are walking a tightrope to avoid stiff penalties and more onerous oversight.
Rich Mulledy, as head of the city’s water resources engineering division, manages that tightrope walk, which is reshaping existing drainage systems. That’s no easy trick, considering some waterways have carved 40-foot-tall cliffs along creek beds, and others sped storm runoff into tributaries via concrete channels adding to the consequent flooding downstream.
Come April, the city will mark six years under the $460 million, 20-year intergovernmental agreement (IGA) with Pueblo County to fix the city’s drainage problems. The IGA emerged as a condition of Pueblo County’s approval of activation of Colorado Springs Utilities’ $825 million Southern Delivery System pipeline from Pueblo Reservoir to Colorado Springs.
Last fall, the city passed the one-year mark in the $95 million settlement of the lawsuit filed by the Environmental Protection Agency and state regulators alleging Clean Water Act violations stemming from its neglected stormwater system.
Mulledy and a regiment of inspectors and planners are working under those two edicts, engineered by Mayor John Suthers, who inherited the problem when elected in 2015. Besides negotiating the two agreements, Suthers persuaded voters to pony up millions of dollars to fund the city’s catch-up game.
New Colorado Springs homes could be surrounded by far more native grasses and flowers like penstemons and coneflowers, rather than endless seas of Kentucky bluegrass, to help preserve water.
The proposed Colorado Springs zoning code could limit the amount of grass irrigated with sprinklers around new homes to 25% of the yard, excluding areas where plants can’t grow, such as a driveway, patio or deck. The code would also encourage drought resistant and native plants. The limits on lawns would not apply to existing homes.
Putting in native plants rather than lawns would not only help conserve water but also help support native insects and birds, said Judith Rice-Jones, co-manager of the Mid Shooks Run Community Garden and a local conservation advocate…
As the U.S. urbanizes and new neighborhoods spring up with nonnative grass planted around every home it cuts into habitat and many species have to look elsewhere for food, she said. Lawns are the No. 1 irrigated crop in the country, according to NASA. In 2005, three times as many acres were dedicated to lawns compared to corn.
Instead of trying to replicate what grows easily in the Midwest, the new standards could better fit what grows naturally in town, Rice-Jones said…
Moving away from water-hungry grass is also key for the community as hundreds of thousands of new people move to the area and Colorado Springs Utilities seeks to bring in additional water from other basins to serve them. The city is already heavily dependent on outside watersheds, with up to 70% of the city’s water coming from the Colorado River basin. The river has been hit hard by drought in recent years with Lake Powell, a major reservoir for the western U.S., hitting a record low.
About 40% of total water use in Colorado Springs is used for outdoor irrigation, depending on weather. In the summer months, irrigation can make up about 60% of consumption, said Scott Winter, project manager for Utilities Water Resources and Demand Management.
The proposed landscaping rules that encourage native, drought tolerant plants are expected to be a “significant component” of future water conservation efforts, in part because the city has so much land yet to be developed, he said. For example, the 21,000-acre Banning Lewis Ranch on the city’s eastern edge that accounts for one-third of the community is largely undeveloped.
As the population grows along the Front Range, many water utilities in El Paso County are seeing declines in the productivity of wells that draw from the Denver Basin, a geological formation that stretches north into Weld County and across much of the Front Range.
Some water managers are looking at a potential $134 million project that could help them, now and in the future…
The Cherokee Metropolitan District is among the handful of water utilities looking at ways to work together to circulate water between the farthest northern and southern reaches of the county.
The idea is to use new and existing infrastructure — like the big blue pipeline — to create a giant loop system that could take water flowing south in Monument and Fountain creeks and pump it north again through ditches and pipelines.
Woodmoor Water and Sanitation District is another primary collaborator in the project. The utility supplies water to residents in the northern part of the county, but has water assets in the southern part, including a quiet 80-acre lake called the Callahan Reservoir. It could become part of the Loop system too…
Manager Jessie Shaffer says because of declines in their Denver Basin wells, the utility purchased surface water rights from Fountain Creek.
“But the problem is those renewable water rights are located just south of the city of Fountain,” Shaffer said. “We need a way to transport those water supplies.”
The proposed Loop would allow Woodmoor and other districts to get to water they own the rights to but haven’t been able to access. It would also allow them to more easily recycle indoor wastewater that comes from Denver Basin wells and now drains into the sewer…
“Water is absolute. It is game, set, match,” she said. “If you don’t have water, your highways don’t matter. Your human services don’t matter. All of those issues don’t matter if there’s not water. So we have to get the water equation finished, we have to find the long-term answer.”
One of the Pikes Peak region’s largest real estate development companies is planning thousands of homes on roughly 5,600 acres on Fountain’s east edge, but it might take Colorado Springs’ water to transform the prairie.
La Plata Communities had banked on Fountain to provide at least some of the water necessary for a new company development, known as Amara; a southern portion of the property, the Kane Ranch, was annexed by Fountain in 2008.
Now the company is asking to remove, or de-annex, the 2,400-acre Kane Ranch from Fountain’s boundaries, likely in favor of requesting Colorado Springs to annex the land.
The company framed its need to leave Fountain as a failure of the city to plan ahead for future water needs, according to documents La Plata submitted to the city. Fountain officials say they are facing unprecedented demands on the city’s water system and could not have anticipated so much growth at once.
The unusual de-annexation proposal by La Plata Communities — the Springs-based developer of Briargate, a master-planned residential and commercial development that covers 10,000 acres on the city’s north side — underscores water’s importance as the lifeblood of development in the Pikes Peak region.
In an arid climate where water is precious, developers who don’t have it can’t do business. And that’s why Colorado Springs and its vast water resources have always been appealing.
Colorado Springs Utilities is planning to serve nearly 54% more people — an increase from 470,000 to 723,000 — in the next 50 years. The agency has developed an extensive plan that includes new reservoirs, water reuse and conservation to meet future needs.
Some of the hundreds of thousands of new residents could move into new subdivisions to the city’s north, east and south.
A city of Colorado Springs map shows 158 square miles that the city would consider annexing for new development. The map is not a commitment to annex those properties, but it does help guide decisions, Planning and Community Development Director Peter Wysocki said.
A large portion of La Plata Communities’ new Amara development is considered an area Colorado Springs would annex and it would make sense for the whole project to be annexed, if the city determines it can provide services to it, Wysocki said.
The proposed Amara development is composed of two areas.
The 3,200-acre Tee Cross Ranch Properties lies in unincorporated El Paso County, east and north of Fountain; the late rancher, developer and philanthropist Robert Norris, known as the Marlboro Man because of his appearance in advertisements for the cigarette brand, owned the property as part of the more than 95,000 acres he controlled in the county.
The 2,400-acre Kane Ranch, south of Squirrel Creek Road, is within Fountain’s boundaries and at the heart of La Plata’s frustration outlined in a fiery petition the company submitted seeking to remove it from the city’s boundaries…
Fountain’s decision to ask the developers to bear the costs of infrastructure development and water storage also was “unworkable,” it said…
Fountain has faced a flood of developer requests to build — together representing 30,000 new homes across 24 projects in 14 months — more than it could immediately serve, said Todd Evans, Fountain’s deputy city manager…
It would be like the city of Colorado Springs trying to expand from 600,000 taps, or buildings needing water service, to 1.8 million, he said.
Demand just from the Kane Ranch property would have represented 25% of the demand of the city’s entire system, Fountain Utilities Director Dan Blankenship said…
The Fountain City Council will decide in the coming months whether to grant La Plata’s de-annexation request and return the Kane Ranch to El Paso County’s jurisdiction. If the property is removed from Fountain’s city limits, La Plata could ask for annexation by Colorado Springs.
Colorado Springs already is weighing the annexation of a northern portion of Amara and a decision on that parcel is possible in 2022, Wysocki said.
This fall Colorado has launched two new programs, one aimed at removing firefighting foam containing so-called “forever chemicals” from fire departments, military bases and other properties and an emergency grant program aimed at helping communities where the chemicals have appeared in drinking water.
The chemicals, known broadly as PFAS or poly- and per-fluoroalkyl substances, have long lifespans and have been linked to certain cancers. Contained in such common substances as Teflon and Scotchguard, they are also widely used to fight fires, particularly those involving jet fuel.
“We’re learning more every day about PFAS and its exposure in our environment,” said Erin Garcia, a spokeswoman with the Colorado Department of Public Health and Environment (CDPHE).
The unregulated substances were once thought to be rare, but since at least 2015 have shown up at alarming levels in communities such as Fountain and Security, where groundwater was contaminated by runoff from the nearby Peterson Air Force Base. Those two communities were forced to shut down their water systems, find temporary substitute supplies, and build new treatment systems.
The chemicals have also been found in groundwater wells that serve Commerce City and in areas near the Suncor Refinery in Adams County and Buckley Air Force Base in Aurora, among other sites.
Two years ago, as more testing revealed more contaminated sites, the CDPHE vowed to boost its oversight. Since then the Colorado Legislature has provided the health department with more authority and money to combat the problem, including conducting surveys to identify contaminated sites and drinking water systems, and providing as much as $8 million to buy contaminated firefighting foam and store it, and to help communities whose water has been tainted by the compounds.
Dozens of fire departments, military facilities, water utilities, and commercial properties as diverse as hotels and apartment complexes, are now monitoring and testing for the substances.
As Colorado has ramped up its oversight, last month the EPA announced it would begin work on a regulation that will, for the first time, set a limit on PFAS compounds in drinking water. It is set to be available for public review next fall and would be finalized by the fall of 2023.
Ron Falco, CDPHE’s safe drinking water program manager, said he’s pleased the EPA is moving to regulate PFAS, but he said fast action is critical.
“We want the EPA to hit that timeline,” he said.
The South Adams County Water and Sanitation District, which serves Commerce City, is watching the state’s progress carefully. It discovered PFAS contamination in 2018 when it began testing voluntarily for the substances after the crises in Fountain and Security.
It already had in place a carbon filtering system and was able to strengthen it to reduce PFAS contamination in its system to 35 parts per trillion (ppt), half of the EPA’s voluntary 70 ppt guideline. It also had to shut down wells whose contamination levels were so high, 2400 ppt, that no amount of carbon filtering could remove the chemicals fast enough to keep the drinking water safe.
“The key here is that we can treat the current levels,” said Kipp Scott, manager of drinking systems at the South Adams County district, but better treatment will be needed once the federal regulation takes effect.
And that means the district will need to install a new system that uses an ion exchange technology to remove the chemicals. Its estimated cost is $70 million. Scott said the district hopes the state’s emergency grant fund and new federal infrastructure dollars will help cover the cost.
“I hope this moves in the right direction, and we can continue to provide safe water to our customers,” Scott said.
Jerd Smith is editor of Fresh Water News. She can be reached at 720-398-6474, via email at email@example.com or @jerd_smith.
The city of Fountain is on the hunt for more water to support growth and the most likely short-term option is an agreement with Colorado Springs Utilities.
“Fountain is coming to the ceiling of the treated water supply,” said Mike Fink, city water resources manager, during a recent board meeting.
While the city owns enough water rights to double its treated water capacity, enough to serve 8,800 taps, developing the infrastructure to treat that water will take time and purchasing water could provide a more immediate solution, Utilities Director Dan Blankenship said.
In the long-term, the town expects residents could consume about four times as much water as they do now, a recent water master planning process showed, Fink said. The study showed the town uses about 3,167 acre feet of water annually, or about 1 billion gallons and it will need 11,527 acre feet or about 3.75 billion gallons, he said. The town’s maximum daily demand for water could also increase four fold, he said…
The need for more water is not tied to a calendar date, rather it will be driven by the speed of growth within the city’s service area. Those developments will also be expected to pay for additional water infrastructure, Blankenship said.
The town’s service area is distinct from the town’s boundaries because five water providers serve homes and businesses within the city’s boundaries, Fink said.
To meet the need, Blankenship said he recently put in a formal request to Colorado Springs Utilities to purchase treated water and would like to have an agreement in two years, he said…
the water could be delivered to Fountain by way of a new water main line that could run from the Edward Bailey Water Treatment Plant south to the eastern side of Fountain, he said.
Blankenship would like to see an agreement to purchase water over 15 to 25 years until the water is needed to serve Colorado Springs, he said…
Fountain is also working on a new reservoir so it can use water rights it already owns. It has purchased gravel pits on the very southwest side of Fountain west of Interstate 25, just north of the Nixon power plant and has hired a consultant that is designing the new facility. However, the excavation company must complete reclamation on the property before the town can start work, Blankenship said.
Town officials are also exploring other options, such as injecting the Widefield aquifer with surface water from Fountain Creek to store it, he said. When water is stored in existing aquifers none of it is lost to evaporation.
The Widefield aquifer is contaminated with chemicals from firefighting foam that used to be used on Peterson Space Force Base and all the water from the aquifer goes through extensive treatment to ensure its safe for consumption.
Still, Fountain, Security and Widefield are interested in the injection as a potential to increase water storage, Blankenship said…
“There’s science that indicates the aquifer could be cleaned over time,” he said.
Fountain could also become a partner in the project to recapture Denver basin groundwater water released into Fountain Creek by northern water users.
Colorado Springs Utilities, Monument and six groundwater districts are working together on the feasibility of capturing the water.
It’s possible the water could be diverted below Colorado Springs and may require new water storage, such as a reservoir or tank, Colorado Springs Utilities said in the past.
The work managed by the Fountain Creek Watershed, Flood Control and Greenway District can be “unrecognizable,” but its leaders want citizens to recognize the importance of its flood control projects, as well as understand why it’s crucial to find more funding.
One of those projects in Pueblo is the restoration of approximately 3,000 feet of the creek that runs under the US Highway 47 bridge near Jerry Murphy Road, completed in November 2018.
“It was $6.6 million for something you would drive by and not recognize, while at the same time it protects a major thoroughfare,” District Executive Director Bill Banks said while giving the annual tour of the district’s projects on Sept. 10.
In this instance, a 2015 flooding event catalyzed the Colorado Department of Transportation to partner with the district to realign the creek in order to protect the bridge. CDOT contributed $1.5 million to the project, which also included major landscaping design to provide bank and floodplain stabilization…
Another large project the district completed in June 2021 is a 2,600 feet stretch of the creek that ends at the 8th Street bridge on the East Side. That $3.4 million project narrowed the creek channel from 600 feet to an average of 150 feet. This both stabilized the channel and made it easier for the water to push sediment through, rather than dumping it haphazardly along the banks.
“A lot of conventional wisdom is to make a channel really wide in order to convey as much water as possible to prevent flooding,” said Aaron Sutherlin, who oversaw the 8th Street bridge project with Matrix Design Group. “When you make things as wide as possible, you lose the ability to transport sediment. What you get in a system is sediment that dumps out in places you don’t know where it’s going to go. That’s exactly what happened at this site.”
That project also built the creek to withstand up to 6,000 cubic feet per second, a so-called “100-year flood.”
That influx was a $50 million payout from Colorado Springs Utility to offset the impact of its water delivery system from the Pueblo Reservoir to the cities of Colorado Springs and Fountain. So far, Banks said the district has spent about $27 million from those funds and has identified over $200 million worth of projects.
Could a $134 million pipeline recycling suburban water help wean communities off depleted aquifer sources? The latest complex solution for the arid, fast-growing West…
For the H20 molecules lying thousands of feet underground in the Denver Basin aquifer, trapped by millions of years of geologic shifts, there would be a long journey ahead.
Should they get sucked up a well owned by a northern El Paso County water agency, the water drops may first be sprinkled on a lawn in, say, the Woodmoor district east of Monument. From there, the water would sink back underground and flow downhill toward Monument Creek. On into Fountain Creek, and south toward the Arkansas River.
Then the drops would ripple past Colorado Springs, which is desperate to entrap more water of its own for future growth, and is pushing for unloved dams 100 miles away to bring more Western Slope water over the Continental Divide.
On the water would glide past Security, Widefield and other communities, which are struggling to secure clean water supplies of their own in the wake of contamination from polyfluoroalkyl substances (PFAS) running off firefighting foam used for decades at a local military base.
Still going, the hardworking aquifer water then would pass farmland that will eventually be dried up by Woodmoor and other northern suburbs buying agriculture water for their own growth. At the town of Fountain, the water would pass a town that has slowed new homebuilding because it doesn’t have enough future supply for new water taps.
And then those precious H20 molecules would hit a curve of Fountain Creek where the Chilcott Ditch headgate looms like an ominous fork in the road of life: If Woodmoor and its allies get their way, the molecules they pulled from the timeless aquifer will get diverted here and sent into a $130 million-plus pipeline, to be shipped back north to the top of El Paso County. The journey for those molecules would begin all over again, in a project appropriately dubbed The Loop, until — in the official water rights phrase — the original aquifer water has been “used to extinction.”
But that only happens if El Paso County and local water agencies convince the keepers of the federal American Rescue Plan that the stimulus funds can be used for water projects like the Loop, and not just highways.
Can this tortured trip for the ancient, sandstone-filtered water really be the best solution to Colorado’s relentlessly expanding water demands?
“There’s something in it for everybody,” said Jessie Shaffer, Woodmoor Water and Sanitation District manager and a key proponent of the Loop…
Backers of the Loop idea say it would solve many problems at once.
It would reduce unsustainable withdrawals from the Denver Basin aquifers, with local water providers already on notice they need to find alternative sources. The pipeline would allow the homes in subdivisions north and east of Colorado Springs to use southern water rights they’ve already purchased but can’t access. And it would promote water recycling, considered a key to Colorado’s water use future, by allowing those northern areas to reuse aquifer water after it’s run off into Fountain Creek and shipped north again by the Loop.
From a purely practical standpoint, drilling new wells into the aquifer is getting so expensive that the suburban districts think twice even when they own the rights. As the aquifer sinks from overuse, drilling prices soar.
Williams mentioned a northern exurban community that spent more than a million dollars on a well to water its new golf course…
El Paso County grew by more than 17%, and more than 100,000 people, between 2010 and 2020. As developers work to build out planned communities in areas like Flying Horse or Banning Lewis Ranch, the county’s population is projected to expand by hundreds of thousands more in the coming decades.
State water engineers who control withdrawals from aquifers have allowed cities and other water buyers to take out water at a rate protecting a 100-year life for the underground pools. Alarmed at the drops in the Denver Basin pools, El Paso County changed the local standard to preserve 300 years of life for the aquifers. That was another push to local water providers to find other sources.
The Loop pipeline, Shaffer said, is a key to shifting “off of a finite and exhaustible water supply onto a long term, renewable and sustainable water supply.”
That’s where the American Rescue Plan, signed by President Biden in March, comes into the picture. State and local agencies will battle over the $1.9 trillion stimulus funding for years to come, but Colorado water officials are hopeful some grants can be used for drinking water supply projects. There also may be far more stimulus and infrastructure funding to come, in a building package awaiting final U.S. House approval and a greatly expanded recovery budget that may pass under reconciliation.
Colorado Springs residents will decide in November whether to allow the city to keep up to $20 million in tax revenue to create a wildfire mitigation fund.
The Colorado Springs City Council voted unanimously to place on the ballot a question asking voters to retain the money and spend no more than 5% of the funding annually. The city needs voter approval to keep the funds because they are in excess of the Taxpayer Bill of Rights cap, a limit on how much tax revenues can grow each year.
Any additional funding over $20 million will be refunded to voters through their city utility bills, Mayor John Suthers said.
Colorado Springs Fire Chief Randy Royal said the new funds would help protect the 35,000 homes in the wildland urban interface, where homes are adjacent to wooded areas where fire danger is highest…
The city could use the funds to pay crews to do direct fire mitigation such as trimming back trees, shrubs and other vegetation. It could also use the funds for evacuation planning and community wildfire education.
Mitigation could help prevent the level of catastrophe the city saw during the Waldo Canyon and Black Forest fires, Councilman Richard Skorman said…
The ballot question does not list all the ways the money could be used to mitigate fire to ensure the city can use the money as it’s needed, Suthers said. He expects the money to be used throughout the community, including areas such as Palmer Park and Corral Bluffs Open Space on the east side. The money can also be used outside the city’s boundaries if necessary.
If the question passes, the city expects to invest the money and use interest from the funds for mitigation and a portion of the main funds, he said.
The city could also replenish the fund with future TABOR retention questions, he added.
Skorman said he didn’t want to see the 5% limit on spending placed in the ballot question in case the city had an important opportunity for wildfire mitigation funding come up.
However, Suthers supported the limit to help show the community the money wouldn’t be spent all at once. The council as a whole supported the limitation as well in its vote.
Here’s an in-depth report from Laura Paskus that’s running in The Santa Fe Reporter. Click through and read the whole article. Here’s an excerpt:
Today, we know the [firefighting] foam contained toxic chemicals responsible for polluting the water around hundreds of military bases nationwide, including Cannon and Holloman Air Force bases in New Mexico. And the toxic chemicals are present in the drinking water of millions of Americans…
Over the years, [Kevin] Ferrara has learned that the military knew Aqueous Film Forming Foam (AFFF) was dangerous—and so did the companies that manufactured it. But without federal regulations that set drinking water standards or hazardous waste limits, states like New Mexico still can’t hold the Pentagon accountable for the pollution that has crept from the bases into the wells of local residents and businesses. Meanwhile, military firefighters like Ferrara wonder what’s happening within their own bodies—and the bodies of those whose water they polluted.
In the waning days of Gov. Susana Martinez’s administration, the New Mexico Environment Department (NMED) was grappling with a problem. A “forever” problem, as it turns out.
Contractors hired by the military were investigating whether AFFF used at the state’s three Air Force bases had contaminated groundwater with PFAS.
In an August 2018 conference call, Air Force officials told state officials that PFAS had been found in wells at Cannon Air Force Base at concentrations above the US Environmental Protection Agency’s lifetime health advisory of 70 parts per trillion. Further studies showed the levels exceed 26,000 parts per trillion—more than 370 times that EPA health advisory—and that PFAS was also in off-base wells that supply homes and dairies in Clovis.
In October, NMED, the New Mexico Department of Health and the New Mexico Department of Agriculture publicly announced the presence of the contamination on and off the base. They advised private well-owners within a 4-mile radius of the base to use bottled water. NMED issued a notice of violation against the Air Force for breaking state regulations. The agency issued “corrective action permits” with cleanup mandates for the military’s state permits.
But in January 2019, just after Gov. Michelle Lujan Grisham took office, the US Department of Defense sued New Mexico, challenging the state’s authority to mandate cleanup.
And although the state made no announcements nor issued any corrective actions, a report the Air Force submitted to NMED during the Martinez administration showed that groundwater samples of PFAS at Holloman Air Force Base were as high as 1.294 million parts per trillion. In February 2019, NMED issued a notice of violation against the Air Force over Holloman, too.
The following month, in March 2019, New Mexico filed its own lawsuit, asking a federal judge to compel the Air Force to act on, and pay for, cleanup at Cannon and Holloman.
But that hasn’t worked out as planned.
“We wanted action quickly. When that wasn’t available, or that wasn’t on the table, that’s when we litigated,” NMED Secretary James Kenney says in an interview.
The lawsuit has been lumped in with hundreds of other PFAS-related lawsuits. One court in South Carolina now oversees all cases regarding PFAS and the military’s use of the AFFF—more than 750 separate actions.
Even though New Mexico has tried to extricate itself from the multidistrict litigation, hoping to pursue its case against the Air Force without being tied to those hundreds of other cases, a judge has denied that request. And in June, the Biden administration’s Defense Department called New Mexico’s attempts to compel cleanup under state permits “arbitrary and capricious.”
In summary, three years after the Air Force notified New Mexico of the PFAS pollution, there are no clean-up plans in place at Cannon or Holloman, though earlier this year, Cannon announced an on-base pilot project to test the best ways to remove PFAS from water. And even though the military knows when, why and how the contamination happened, it has sued New Mexico to say the state can’t make it clean up the problem.
Meanwhile, state Environment Sec. Kenney says the EPA needs to set federal pollution standards for the toxic substances.
In 2016, the EPA established a lifetime health advisory for two types of PFAS found in firefighting foams, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). But that advisory of 70 parts per trillion isn’t a regulatory limit. That means states like New Mexico don’t have any legal tools to require that polluters like the military clean up PFAS.
Recruitment for a large-scale study on the health effects of “forever chemicals” will start in the Fountain Valley this month and its results could help set federal limits on the chemicals in drinking water.
The work is part of the second large-scale study in the country to examine exposure to perfluorinated compounds — a family of manmade chemicals that linger in the body and have earned the nickname “forever chemicals” — and the health risks they pose.
The first large-scale study was done 15 years ago in Ohio and West Virginia and found probable links between the chemicals and conditions including high cholesterol, thyroid disease, kidney and testicular cancers, said epidemiology professor Anne Starling, with the University of Colorado.
This study through the Agency for Toxic Substances and Disease Registry is set to investigate health effects of the chemicals including impacts to the immune system, kidneys, liver and thyroid. It will also help determine if the chemicals change neurobehavioral outcomes in children trough tests of their attention, memory and learning abilities. The study was expected to begin last fall but it was delayed by the pandemic, Starling said.
Researchers plan to study 7,000 adults and 2,100 children exposed to perfluorinated compounds across seven states, including 1,000 adults and 300 children 4 and older in the Fountain Valley…
The study will also be the first to include people with high levels of a chemical found in firefighting foam in their blood, Starling said.
Firefighting foam from used by the military at Peterson Air Force Base contaminated the aquifer that residents in Widefield, Security and Fountain used for drinking water, studies have determined. After the contamination was found in 2016, drinking water providers for all three communities worked to ensure the water was safe. Since then, the Air Force has paid $41 million for three new water treatment plants to bring the level of chemicals down to nondetectable levels.
Researchers will take one-time blood and urine samples to help determine how the chemicals may have affected residents’ kidneys, liver and sex hormones, among other bodily functions. It will not examine whether the chemicals cause cancer.
The urine samples will likely be more indicative of forever-chemicals residents have recently been exposed to, Starling said…
The tests and residential histories should allow researchers to estimate the cumulative lifetime exposure residents have had to the chemicals, according to a news release.
The work will also examine the neurobehavioral effect of the chemicals in children because some smaller studies have suggested that exposure to the forever chemicals early in life may affect children’s development and response to vaccines, but the connection is not yet well established, she said.
The researchers plan to have children complete puzzles and problem-solving tasks, similar to activities they might do in school, as part of the study, she said…
The neurobehavioral tests will not diagnose problems in individual children, she said.
The upcoming study expects to build on a recent study of 220 residents in the Fountain Valley that found the median level of a chemical specific to firefighting foam in residents was 10 times higher than the national median. Some residents had levels of the chemical that were much higher, said Colorado School of Mines Professor Christopher Higgins, a lead researcher on the study…
Scientists don’t know whether the chemical specific to the foam is more or less dangerous than other forever chemicals, Starling said.
The levels of chemicals in residents seem to be dropping and that may be good if some of the health effects are reversible. But some people may still be experiencing long-term health effects…
Study participants will receive individual test results that could be shared with their doctor. The test results may not indicate a problem, but more and more doctors are becoming aware of the potential health effects of forever-chemical exposure, Starling said.
In the long-term, the Environmental Protection Agency and the National Academies of Science could use results from this study to help set enforceable limits on water contamination. No federal maximum limits on forever chemical contamination of drinking water exist, she said.
Recruitment for the study is expected to start later this month and researchers have set up an office in Fountain to meet with residents. Data collection could take 12 to 18 months. The entire study could be completed in 2024, although researchers should have results to share before that, Starling said.
FromThe Tri-Lakes Tribune (Benn Farrel) via The Colorado Springs Gazette:
With limited water resources, the Town of Monument looks to encourage water conservation among residents while the area is experiencing high temperatures in its semi-arid climate and increased water demand.
As the town invests $22 million in improvements to the infrastructure of its water system, an increase in water production and additional storage is in the near future. However, to maintain healthy landscapes around the community, the town is encouraging responsible water practices, implementing water restrictions and has offered tips to efficient water use…
Properties within the service of Triview Metropolitan District are also under restrictions from May 1 through Sept. 30 every year…
Properties which use the Woodmoor Water and Sanitation District are restricted from June 1 to Sept. 30…
On May 31, the Town of Monument released an informational video, “Conserving water using rain barrels,” on its YouTube channel, informing residents of their rights to conserve rainwater with rain barrels and how to do it. A few years ago, the State of Colorado legislature passed House Bill 16-1005 which allows single-family residences to collect rainwater in two barrels maximum, each up to 110 gallons, to be used solely for outdoor use and not consumption or indoor use. It also mandates the top of the barrels must be sealed to prevent pests from getting in.
The bill was geared toward helping homeowners offset the use of their irrigation systems for their landscaping.
Residents of the Town of Monument, who use of the town’s water system, are offered a $50 rebate if receipts for the rain barrel purchases are provided and their account with the Monument Water Department is current. The rebate is given in the form of a credit toward the account.
Tips for installing the rain barrels are available on the Town of Monument’s YouTube channel, or by visiting the town’s website, tomgov.org, clicking on the “Community” tab and visiting the Garden & Landscaping page.
The Triview Metropolitan District is presently making a transition from making use of the non-renewable groundwater from the Denver Basin to renewable surface water. Last year, the district acquired 568-acre feet of water rights and purchased another 1,000-acre feet of water storage in April. Triview acquired nearly 850 acres of land to be used for the development of two large reservoirs which are near completion.
Developers have dreams for Fountain that would quadruple the community’s size up to about 40,000 homes.
“It just hit us, that huge number of quadrupling,” Fountain City Manager Scott Trainor said. The requests to build the tens of thousands of homes poured in over the past two years, with many developers wanting to start immediately, he said.
Trainor said the city’s chances of adding more than 30,000 homes are “slim to none,” even with Security and Widefield water and sanitation districts serving about 20% of the city’s land.
The flood of proposals forced Fountain officials to take a step back and look at the critical needs with water at the top of the list. The community currently owns enough water to serve a little more than the equivalent of 1,200 taps and is setting out to find more as part of a water master plan.
The rush to build tens of thousands of new homes in Fountain is indicative of the growth pressure facing the bedroom community that supports Colorado Springs, Fort Carson and Pueblo. Fountain homes have traditionally been more affordable than those in Colorado Springs, in part because the land is cheaper, but the community has not been immune to rising housing construction costs, such as lumber, Trainor said.
If Fountain’s water supply can’t support the growth, developers will have to look for water from other sources and new residents may be pushed out to communities such as Pueblo West…
With current water supplies, Fountain officials said they expect to serve five new developments that will help fill the immediate need for housing…
The city will need to purchase, lease or otherwise secure water to meet additional demands outside of the Fountain and Widefield services areas and it is working on a water master plan to identify those future water sources, Blankenship said. The plan will work to identify water for the next 30 years, he said…
Not all of Fountain is dependent on the city’s water supply because Widefield and Security water and sanitation districts are serving numerous projects. Among them, the Security district may serve a shopping center redeveloping near Highway 85 and Main Street, and the Widefield district may provide water to a new subdivision of 1,180 homes called Corvalis, Trainor said.
Monument is planning to install a new water treatment system in the coming months that will remove radium from one of its wells allowing it to start serving the town again.
The town expects to spend about $1.5 million on the new water treatment system, an associated building and lab space. The work will expand an existing facility at Second Street and Beacon Lite Road, said Tom Tharnish, Monument’s public works director.
Extended exposure to radium, a naturally occurring element and common along the Front Range, can cause cancer and other health problems over time, according to the Environmental Protection Agency…
The problem was discovered in the city’s 9th well about four years ago and no unsafe levels of radium ever reached residents’ taps. Monument’s engineers designed a system that diluted the radium to safe levels, but that proved to be only a temporary fix. The well was shut down late last year while the town worked on a more permanent solution, Tharnish said.
The new filtration system will employ a resin that will filter out the radium at the end of the water treatment process, he said…
The new technology will also come with ongoing maintenance costs. The resin will need to be replaced every year to 18 months and will require between $18,000 to $20,000, Tharnish said…
Monument’s board of trustees approved drilling a 10th well in November to help offset the loss of water from the well that had to be shut off because of radium pollution. The work was expected to cost $624,975. The new well is expected to be in production next week, Tharnish said.
The community is also seeking additional water rights, so that it doesn’t need to rely as heavily on its groundwater, Wilson said.
Much of the groundwater pumped up from the Denver basin in northern and central El Paso County flows down Monument or Fountain creeks, never to be seen again after it’s been used and treated once.
Colorado Springs Utilities, Monument and six groundwater districts want to see that water returned back to homes and businesses to be reused and to help ease the pressure on groundwater.
The groundwater that’s already flowed through showers, sinks and toilets once could potentially be treated and reused twice, and that could help the diminishing aquifer last longer, said Jenny Bishop, a senior project engineer with the water resources group within Colorado Springs Utilities.
Reusing the water could reduce the amount of fresh groundwater that must be pumped annually, limit the need for new wells, give districts more time to pursue additional water rights and make the most of a finite resource, she said. The deeper groundwater in El Paso County is not replenished by rain or other natural sources.
While Colorado Springs Utilities does not rely on Denver basin groundwater, future water reuse projects identified by an ongoing study involving Monument and the groundwater districts could rely on Utilities infrastructure. In recent years, Utilities has also started to focus more on effective water use across the county.
Utilities “recognizes that long-term water security for the Pikes Peak region depends on the efficient use and reuse of reusable water supplies,” Bishop said.
The Pikes Peak Regional Water Authority Regional Water Reuse Study is going to determine how and where groundwater could be diverted from Monument or Fountain creeks and returned to the water providers. It’s possible the water could be diverted below Colorado Springs and may require new water storage, such as a reservoir or a tank, she said.
Larger projects that could serve multiple water providers, such as Tri-View and Forest Lakes metro districts, are expected to be efficient, Bishop said. The study could also recommend more than one project to recapture water, she said.
Not all of the groundwater that is pumped up from the ground will be available for reuse, because some of it goes into outdoor irrigation, some is used up by thirsty residents, some is lost in the treatment process and some is lost to evaporation in the creeks, among other points of loss. But the water returned to districts could be substantial…
The following water providers are participating the water reuse study although not all of them would benefit from groundwater flowing back to be used again. Some are interested in portions of the project like additional water storage
Woodmoor Water and Sanitation District
Town of Monument
Triview Metropolitan District
Forest Lakes Metropolitan District
Cherokee Metropolitan District
Donala Water and Sanitation District
Security Water District
Colorado Springs Utilities…
The $100,000 study to identify the projects that would allow the most water reuse may be finished by the end of the year. The document is expected to project cost estimates for construction and operation of the projects. The work could include new water storage, such as reservoirs.
Funding, permitting and designing the projects is expected to take a few years as well, Bishop said.
The city of Colorado Springs posted a request for proposals (RFP) on June 3 for Flying Horse Pond 1 Retrofit, a detention pond noted as a potential violation of the Clean Water Act in the lawsuit filed by the Environmental Protection Agency against the city in 2016.
Deadline for proposals is July 8.
The EPA lawsuit has since been settled, and the city is expected to pay up to $45 million for additional projects to satisfy the EPA and the Colorado Department of Public Health & Environment. City Council raised stormwater rates, which kick in on July 1, to fund the settlement.
The scope of work for the Flying Horse pond is stated this way in the RFP: “Reconstruct existing detention pond with new concrete facilities that include sediment forebays and outlet structure. Construct soil rip rap trickle channels and overflow spillway, maintenance/access roads, MSE retaining walls, boulder lined permanent aesthetic pond and extensive riparian and upland plantings.”
But how much is this project costing and who’s paying for it?
Stormwater manager Rich Mulledy says via email that this pond project cited in the RFP is, indeed, the same pond referenced in the lawsuit.
The budget for the project is $2,541,419, he says. Design will cost $284,878 and the construction costs are estimated at $2,256,541.
But the city’s Stormwater Enterprise will pay for only the design. Construction is being picked up by a grant the city received, he says.
“The developer is not responsible to contribute for several reasons,” Mulledy says.
“First, the City reviewed and accepted the facility as designed and constructed when it was built. The City believed then and believes now that the facility was designed and constructed correctly and in compliance with our criteria at the time,” he says.
Mulledy emphasizes that the pond issue wasn’t ever ruled upon by the court as to whether it, in fact, was a water quality regulation violation.
The city settled the case before that happened.
Mulledy continued, “The main reasons we are reconstructing the facility are to make it easier to maintain and to eliminate any potential water rights issues with the permanent pool of water. We are also redesigning the facility to accept future flows from the Powers Blvd. extension.”
Stormwater fees generate $16 million to $17 million a year, which will grow by several million dollars through the rate hike set by a Feb. 23 City Council vote that takes effect next month.
Residential rates will rise to $7 this year, $7.50 next year and $8 in 2023, a cumulative increase of 60 percent. Non-residential rates will increase to $40.50 per acre this year, $43 in 2022 and $45 in 2023, an overall hike of 50 percent.
FromColorado Public Radio (Michael Elizabeth Sakas):
Colorado Springs is one of the fastest growing regions in the state. Homes are getting more expensive and harder to buy. The boom is expanding into nearby cities — and the pressure is building…
There are currently fewer than 9,000 taps, or connections, to Fountain’s water supply. Over the last year, Blankenship said developers have applied for nearly 30,000 new taps to the city’s water system.
[Dan] Blankenship is telling developers, Fountain is tapped out…
To support that many new taps, the city would need to buy additional rights to use more water. They would also need a place to store that water, and the city would need to treat it and find a way to get it to homes.
That’s getting harder to make happen in a state like Colorado, where most of the people live on the Front Range but most of the water is on the Western Slope.
Where the city of Fountain gets its water from
Fountain gets most of its water from the Pueblo Reservoir, which is filled with water that would otherwise end up in the Colorado River. The reservoir project was built in the 1970s. It’s unlikely the city would be able to build something similar today, Blankenship said. It’s a lot tougher to do that now, just because of the environmental concerns…
Smith said it’s becoming more common for developers to have to secure water rights and pay for additional water infrastructure if they want to build a big project.
But he said the situation in Fountain is unusual…
Fountain hasn’t finalized any plans yet, but they say developers are going to need to help pay the millions of dollars to buy those new water rights, reservoirs, and pipes needed to support that kind of growth. Blankenship, Fountain’s utility director, said instead of the city paying for that upfront, he wants to shift that cost to developers…
No matter how a developer might have to secure water for a new project, the cost will get rolled into the price of a new home, said Kevin Walker, with the housing and building association in Colorado Springs…
Kevin Reidy, a senior water conservation specialist with the Colorado Water Conservation Board, said other water utilities are also worried about how to keep up with growth. Fountain is just the first to talk so openly about the issue…
A big part of Reidy’s job is to get water and land planners to work together, which he said have been too siloed. Reidy helps host training events to get water and land people in the same room to talk about these issues.
“I think we’re kind of hitting that point where people are kind of saying, ‘Okay wow, we’ve got to do things differently,’” Reidy said.
For Fountain, that means telling developers this town doesn’t have the water you need. If you want to build here, you’ll have to bring your own.
Click here for all the inside skinny and to register:
Join us June 11 or 12 along Cottonwood Creek for the inaugural Urban Water Cycle Bike Tour in Colorado Springs!
Join us for a fun, free regional bike tour along Cottonwood Creek in Colorado Springs. This tour will connect community members to local water and recreation resources through an approximately 9-mile (mostly downhill) ride.
Both tour days start at Frank Costello Park, with a short ride to Cowpoke Flood Detention and Development. You will then ride downhill all the way to a creek restoration site on Monument Creek. With a short ride back uphill, you will end at Crit Cafe for our final speakers, networking and refreshments on your own.
Tour topics include:
What are the Cottonwood Creek, Fountain Creek, and Arkansas River watersheds?
Why water quality is important? What is stormwater? What is point source and nonpoint source pollution?
How is Colorado Springs conserving water and planning for its future water supply?
How are community partners connecting neighborhoods to trails and creeks?
How can maintaining pipes allow us to restore creeks?
How do we ensure our water is clean and safe?
How can you protect stream health?
We thank our supporters at Colorado Department of Public Health & Environment, Colorado Springs Utilities, El Pomar Foundation, and Fountain Creek Watershed District. In addition, our partners at the Trails and Open Space Coalition and the City of Colorado Springs Stormwater Enterprise (SWENT) and Parks, Recreation, and Cultural Services made this tour possible. We look forward to a fun and educational day along Cottonwood Creek!
Over three days in June 1921, Pueblo experienced a natural disaster that forever changed the course of its history.
Even a century later, the effects of the Great Flood of 1921 can be seen throughout the Home of Heroes, particularly in the city’s infrastructure and economy, which were completely transformed by the devastating flood and Pueblo’s decades-long recovery.
Many Pueblo natives know most of the city’s seminal story by heart: a cloudburst brought heavy rains to the area on June 2, causing the Arkansas River – which was already prone to seasonal flooding – to swell. More intense rain on June 3 caused the Arkansas River to overflow Pueblo’s levee at just more than 18 feet and envelope downtown Pueblo in water.
By midnight on June 4, according to the Colorado Encyclopedia, the flooding peaked at more than 241 2 feet. The im- mense volume was enough to break levees in several spots and it took only two hours for Pueblo’s entire business district to become submerged.
Damage from the flood, most of which occurred on the second day when both the Arkansas River and Fountain Creek overran their banks, was unimaginable. The flood inundated 300 square miles. More than 500 homes were carried away in the floodwaters along with 98 businesses or industrial buildings, 61 stores, 46 locomotives and more than 1,200 railroad cars. A local lumberyard caught fire; burning lumber was sent floating down flooded city streets. Telephone lines were destroyed, and corpses of cows, horses and other livestock littered the valley. A 1921 report on the flood by the United States Geological Survey estimated the total property damage to be more than $19 million. Adjusted for inflation, that equates to more than $280 million today. Other estimates go as high as $25 million in damage, or nearly $373 million today. The death toll was also catastrophic, though there’s no universally accepted total. Estimates range from fewer than 100 deaths to more than 1,500. The USGS report said 78 bodies were recovered in the aftermath, which is likely a fraction of the actual lives lost. Many bodies washed downstream and were either recovered months later or never found. And many of the dead were poor immigrants, making their absence more difficult for authorities to detect. But even after the water receded, mud and debris had been removed from city streets and the recovered dead were buried, the impacts of the flood on Pueblo were just beginning.
A recovery with dire consequences
In the aftermath of the flood, it became apparent that Pueblo’s infrastructure was not sufficient to prevent another devas- tating flood event. The city needed a new, larger river channel to ensure that when the Arkansas swelled from spring rains and Rocky Mountain snowmelt, it could not cause such destruction again. Legislation was passed at the Colorado Capitol to create the Pueblo Conservancy District, which set about building a new channel to divert the river away from Downtown Pueblo. “When it was set up years ago, the conservancy district had to move the river to its current location,” said Corinne Koehler, the current president of the Pueblo Conservancy District.
“Back then, that’s where a lot of the train tracks were, so they had to tear up and move the train tracks, they had to rebuild bridges, it was a multi-faceted project. It wasn’t just putting up a levee, they had to redo roads, bridges, anything that was destroyed that would have been crossing over the Arkansas River.” The levee was completed ahead of schedule in March 1926. And although its completion was a breath of relief for Pueblo in terms of preventing future floods, the creation of the conservancy district came with dire conse- quences to the Pueblo economy.
Peggy Willcox, a researcher with the Pueblo County Historical Society who helped write a recently published book about the flood entitled, ‘Mad River,’ said the district’s creation was a necessity following the flood, but the legislation enacted had major drawbacks for Pueblo.
“In order to create the conservancy district to pay for the flood control, they had to get the legislature to approve it,” Willcox said.
“Well the northern counties, some of them had been wanting a tunnel west from Denver ever since (Gen. William Jackson Palmer) built the (Denver & Rio Grande Western Railroad), because there was no viable way to ship goods from Denver west on the D& RG.” Prior to that time, every train going west had to come through Pueblo. So northern Colorado counties, particularly in the Denver area, sought to bypass Pueblo by building a tunnel that could ship freight or passenger trains directly west.
To get its conservancy district, Pueblo would have to approve the construction of the Moffat Tunnel – a railroad and water tunnel that cuts through the Continental Divide. It officially opened in 1928.
“They held Pueblo hostage,” Koehler said, “And said, ‘If you want a conservancy district and a levee, you have to vote for the Moffat Tunnel.” The creation of the Moffat Tunnel was the beginning of the end of Pueblo’s prominence as a railroad hub…
Economic impacts in the aftermath of Pueblo’s great flood
Pueblo’s eventual fall from grace as Colorado’s primary railroad hub was far from the only way the flood devastated the city’s economy. In the days immediately following June 5, many businesses were severely damaged and closed their doors, some forever. “After the flood there were industries that never reopened,” Willcox said. “Pueblo was then the smelter capital of the world, that’s what they called it, and there were only two smelters left and both of them were severely damaged by the flood and never really reopened. ‘So that was a large number of jobs.” Not long after the flood, Willcox said, the CF& I steel mill shut down for several months due to a shortage of raw supplies as well as a lack of railroad access, as the flood heavily damaged lo- cal rails. Several smaller manufactories in flooded areas closed. Many of those that eventually reopened did so in cities outside of Pueblo where there were more workers and easier access to rail transporta- tion. But the bigger impact, Willcox said, was how the flood seemed to dry up investments from out-ofstate capitalists, which were common prior to 1921. “That money kind of dried up after the flood,” Willcox said. “The investment from outside of Pueblo diminished greatly.”
There was a decades-long recovery effort in Pueblo after the flood
With some of its most prominent economic drivers devastated by the flood, Willcox said Pueblo’s economy seemed to become more one-di- mensional. “It’s not so much that Pueblo never recovered, it’s that it never recovered the growth rate that it had prior to the flood,” Willcox said. “When you look at the city’s population and the number of industries that were here prior to the flood Pueblo was a manufacturing center it was really a diverse group of manufactories. “And then after the flood some of them never came back but some of them were no longer as prevalent in the market as they had been and eventually died out. So I think, anecdotally, we became more dependent on the steel mill because of that.” Jonathan Rees, a history professor at Colorado State University Pueblo who has researched the flood extensively, said one of the biggest impacts of the flood was the opportunity cost Pueblo paid in the years that fol- lowed. “There’s the cost of rebuilding the town, there is the economic damage caused by the lost business but there’s also a cost as to what doesn’t happen because Pueblo has to spend so much time rebuilding from the flood,” Rees said. “Different things could have happened to Pueblo but didn’t because we were too busy trying to prevent future disasters.” In the 1920s, the United States economy was seeing one of its strongest periods of prosperity. But while other communities were able to leverage those desirable economic factors for improvement, Pueblo was stuck rebuilding. “You’re investing in the future in the sense that you’re trying to prevent future floods, but you’re not growing businesses, you’re not helping businesses that might not have been able to reopen, you’re not doing the kinds of things that cities that aren’t effected by the flood are doing at the same time,” Rees said.
“So when America is roaring, Pueblo isn’t.” After the Great Depression came the New Deal, and Rees said although Pueblo did benefit some from the New Deal, it likely would have had a greater effect on Pueblo and its growth if flood recovery efforts were not still taking place. As Pueblo struggled, its neighbor to the north, Colorado Springs, was put in a position to pros- per. “I would simply imagine that any program that came to Colorado Springs between 1921 and 1965, could have come to Pueblo under different circum- stances,” Rees said. “It’s safe to say that before World War II we were a much bigger place. We have certain advantages over Colorado Springs like our steady supply of water. However, we are engaged in rebuilding the entire downtown for a very long time.” Rees said that rebuilding Pueblo and redesigning its infrastructure was a necessary endeavor, but one that set Pueblo’s development back years, if not decades.
“While we’re doing that to guarantee our future existence, other places are taking advantage of good economic times or government programs in bad economic times to help become bigger and more economically active than they had before,” Rees said.
“And Pueblo was essentially holding in place for most of the 20th century.”
When it came to covering the flood of June 3, 1921, The Colorado Daily Chieftain, also known as The Pueblo Chieftain, went to extraordinary measures to keep the citizens of Pueblo informed as news of the devastation unfolded. It all started with a Saturday, June 4, 1921, special edition emblazoned with the all-caps headline, “FLOOD EXTRA.” The two-page special edition had no photographs and no advertisements. It even had empty space at the bottom of the second page, a testament to how hastily it was put together. A June 9 edition of the Chieftain reported, “it was utterly impossible” to print regular editions of the paper, “because of the failure of electric power and gas,” and the editor promised to republish the extra editions “when regular conditions are restored.” That first extra edition was chock full of stories about “The largest flood visiting Pueblo since Decoration Day 1894,” which “gutted the business and wholesale business districts of the city.” Initially, the paper announced, “More than a score of lives were reported lost when both the Missouri Pacific and the Denver and Rio Grande passenger trains were swept into the river near Nuckolls Packing company. Many others were reported dead.”
Puebloans faced rebuilding one-seventh of the city
By June 12, the newspaper reported the city faced “the necessity of rebuilding about one-seventh of its present area. It is inconceivable that this great industrial city, so favorably located for commerce, should drop out of existence or shrink to the proportions of a village.” That same issue shared stories of large objects moved by the flood waters like a freight car forced sideways through a brick apartment house, another freight car carried a block and a half and a 3,000-pound safe that traveled across Union Avenue.
There also was an instance of a body in a steel casket that traveled a distance of more than a mile. Tales of Puebloan’s generosity were shared as both known and unidentified bodies were laid to rest with flowers paid for by “warm sympathetic hearts. Pueblo’s undertakers and florists have bestowed the humane tribute in every case, whether high or low, rich or poor, black or white, known or unknown.” Official water depths were reported including the McCarthy block, at North Main and Union, where the water reached a depth of 12-feet-6 inches. The width of the flood was reported as one mile “through the center of the city’s business section, with losses totaling more than $3 million.” The city’s drinking water was finally declared safe to drink on June 12. One story reported that P.A. Payne of Pueblo, who had been arrested by Colorado Springs police on a bootlegging charge, was saved from certain death as “the flood sweat away every vestige of the house.” Another story reported the body of Missouri Pacific passenger train Engineer S.G. Evans was recovered 10 miles downriver and shortly afterwards, “the body of a two-day old baby was recovered in the same district.” By June 15, the newspaper looked to the future and urged, “The matter of making the Arkansas flood proof is the big subject now in hand. ‘Pueblo’s flood was not one of something breaking, accidental or unforeseen, but has been a real live danger of the past and is a remaining danger of the future unless checked,” one prominent businessman, who was unnamed, was quoted. The June 15 issue also had a story under the headline, “How the flood left the heart of Pueblo,” indicated that once the water subsided, the mud was “over 2 feet deep” and “workers prodded through the mud in search of victims buried in the slime.” The June 16 issue of the newspaper had a story about the brave dog “Casabianca” who stayed on a shed roof for three days even though the distance to the dry land was short. Other dogs even waded out to visit her, but she stayed put until her owner arrived and carried her to safety along with a bundle of clothes which she had apparently been guarding. By June 16, the newspaper also was reporting on damage downstream of Pueblo in La Junta.
Meteorologically speaking, an event like this can and will happen again. The largest floods in state history generally happen along the front range, specifically along main rivers (Arkansas, Cache La Poudre, Big Thompson, South Platte, etc.).
The north-south oriented Rockies create a barrier for wind flow, forcing air to rise and condense along the front range, creating rain and thunderstorms.
During the June 1921 flood, a persistent easterly flow of warm and humid was funneled along the Arkansas River from wide-open Pueblo county into the sharper canyon in Fremont county. This led to 5 days of heavy rain totaling over 6 inches in Florence and Pueblo. This rain was most intense the night of June 3rd and the morning of June 4, where a cloudburst (extremely heavy burst of rain) led to the Arkansas river cresting at a whopping 24.66 feet.
At its peak, the Arkansas river flow was at 103,000 cubic feet per second (cfs), where the levees were built for 40,000 cfs at the time.
The main concern about future floods is whether infrastructure can withstand them. Pueblo was able to rebuilt just a few years after the flood and increased the city’s ability to withstand another flood of 1921.
The Centers for Disease Control and Prevention (CDC) and the Agency for Toxic Substances and Disease Registry (ATSDR) have released the initial results of exposure assessments conducted in communities near current or former military bases known to have had per- and polyfluoroalkyl substances (PFAS) in their drinking water.
Individuals who participated in the assessments provided blood and urine samples to CDC and ATSDR for analysis. The assessment focused on El Paso County near Peterson Air Force Base, in the Fountain Valley and Security-Widefield areas.
The assessments measured the levels of three specific PFAS chemicals in 346 residents’ bodies: PFOS, PFHxS, and PFOA, and found levels higher than in the general U.S. population, as measured by National Health and Nutrition Examination Survey (NHANES). Most people in the United States have been exposed to PFAS and have PFAS in their blood…
While levels of PFOA and PFOS chemicals were only slightly higher than the general population, levels of PFHxS in El Paso County residents were higher than any other population surveyed, except the people who manufactured the chemicals in Alabama. “What we’ve been fighting for, for five years, is identifying how contaminated we are from the toxic firefighting foam, the PFHxS,” said Rosenbaum. “We are highly contaminated in El Paso County.”
The most recent results from the CDC and ATSDR were presented alongside results from the 2018 and 2019 PFAS Aware study conducted by the Colorado School of Public Health, and showed a slight decrease in PFAS levels overall. “[PFAS Aware] did a 200 person blood study and then a final 50,” said Rosenbaum. “I was in the 200 and the final 50, and my levels dropped from 19 [micrograms per liter, μg/L] to 12 [μg/L]. You can see just how high we are from 2019, and it’s dropping a little by 2020, because as we’re not drinking this water, it’s not bio-accumulating in our system. What’s been in our system is slowly filtering out as we go to the bathroom.”
Jessica Woelfel’s family is weighing whether or not they can continue living in their home of six years in Midway, south of Fountain, as affordable water options dry up.
“It’s forcing us out of our home,” said Woelfel. “We’re going to have to move and we own this place. We’re kind of down to the last resort here.”
Because her family doesn’t live in Fountain City limits, they can’t receive Fountain City water. Because they don’t live in Pueblo, they can’t get a key for access to Pueblo water. The family says Wigwam utilities quoted them $50,000 for a new water tap and pipes to their home. Unable to afford that hefty bill, her household pays Koury Transport to truck in water from the Pueblo area at a rate of $85 per 1,000 gallons…
Owner of Koury Transport, Grant Koury, says he does everything he can to keep costs low. But the business model factors in upfront water costs, rising fuel prices, heavy equipment, insurance, delivery, and labor fees.
Koury told 13 Investigates the company services 20 to 40 Midway-area homes twice a week. Each roundtrip takes about five hours. Koury says his business also faces limited water supply coupled with increasing demand…
Meanwhile, the Fountain Utilities Department is evaluating how it can accommodate thousands of new taps amid rapid development plans…
The city of Fountain currently provides water to 8,700 taps. A recent study revealed a way to improve the water delivery system. City leaders are implementing a plan that would increase the number of available water taps in Fountain by 1,000 to 1,200…
The Fountain Utilities Department calculated the demand for new water taps across all proposed development projects. It’s more than three times the current supply.
Three new water treatment plants in Fountain, Security and Widefield needed to remove toxic “forever chemicals” from the groundwater, carrying a heavy price tag of $41 million, are nearing completion.
The plant in Widefield was finished in February, the Security plant is expected to be operational this week and the Fountain plant is expected to be complete in June, following a pause in construction that lasted more than a month, officials with each district said.
Construction of the Fountain plant was halted because the supplier of critical piping for the plant could not provide it, said Dan Blankenship, utilities director for Fountain, adding that the supplier’s work was delayed by the coronavirus. In a written statement the Air Force Civil Engineer Center said work on the $7 million plant in Fountain is expected to resume May 3. The other two plants are expected to cost a combined $34 million, the statement said.
The Air Force is paying for the water treatment plants that will remove per- and polyfluoroalkyl substances (PFAS) from groundwater because investigations showed the contamination came from Peterson Air Force Base, where firefighters used a foam rich in one of those compounds for decades to put out aircraft fires…
Water providers stopped using the groundwater after the contamination was discovered in 2015 and 2016, and studies are still ongoing to learn about the long-term health consequences of the contamination. The compounds’ ability to stay in the body led to their nickname “forever chemicals.”
Encouraging results from one of the studies conducted by the Colorado School of Public Health and Colorado School of Mines showed that the amount of chemicals in blood samples taken from 53 exposed residents dropped from 2018 to 2019, according to a presentation of results. The median level of the chemical most closely associated with firefighting foam dropped 50% in the participants, results showed…
The new treatment plants are meant to protect the public from additional exposure to the chemicals and allow the districts in some cases to return to using a key water source.
In Security, the new plant was tested in December, and water samples showed it was removing problematic chemicals down to undetectable levels, said Roy Heald, general manager of the Security Water and Sanitation Districts.
From The Fountain Creek Watershed and Greenway District (Bill Banks) via The Colorado Springs Gazette:
If you catch glimpses of Fountain Creek while driving, biking or walking along the creek, you know it tends to be relatively inactive. You might notice cloudy water due to suspended sediment, or you might spot new underwater sandbars. Most likely, you won’t see major changes. But guess what? Fountain Creek is always changing.
Every year, Laura Hempel PhD and a team of USGS scientists investigate how our creek is changing. Dr. Hempel is a hydrologist with the U.S. Geological Survey’s Colorado Water Science Center, located in Pueblo. She explains that fluvial geomorphology is the study of how rivers shape the landscape — and are shaped by the landscape. This broad definition includes the concepts of hydrology (where the water is, how it gets there, where it’s going) and sedimentation transport. It also encompasses ecology, since vegetation influences how rivers behave.
The USGS began monitoring the geomorphology of Fountain Creek in 2012, and Dr. Hempel joined the team in 2018. Currently, the team measures elevation and elevation change in 10 study areas annually, between January and April. This “leaf-off” season improves the GPS signals. (GPS enables the team to identify exact locations.) Plus, the low flow rate during winter makes it easier to wade in and collect data in the wetted channel. This annual monitoring effort is conducted in cooperation with Colorado Springs Utilities.
In the past, the team used manual survey methods — a time-intensive “boots on the ground” approach. Covering the nearly 400 acres was a monumental effort! This year, the team will begin using LiDAR, an aerial-based mapping technology. “We can collect orders of magnitude more data points with LiDAR,” Dr. Hempel says. “Those data will allow us to produce much higher-resolution maps, which is really exciting.”
In addition to measuring elevation and elevation change, annual monitoring of Fountain Creek’s topography will allow the team to study a variety of geomorphic metrics in the future. “For example, examining changes in the streambed’s elevation can indicate whether a reach is aggrading due to sedimentation or degrading due to erosion,” Dr. Hempel notes. “We also have the ability to measure the width and depth of the active stream channel and document specific changes in geomorphology. For example, is the channel cross-section smooth and U-shaped or is it complex and braided? Is the channel migrating laterally or straightening? These are some examples of metrics we can measure from this long-term monitoring data to quantify the river’s changing geomorphology.”
Why monitor the geomorphology of Fountain Creek?
Dr. Hempel explains that measuring changes in river geomorphology can lead to understanding WHY a change is happening. Specifically, what is causing the change? “Here’s the tricky thing,” she notes. “Rivers are dynamic. For example, river meandering is a natural process. Rivers are constantly evolving, so it’s difficult to disentangle natural geomorphic change and evolution from change that is outside of the river’s natural variability. Taking a step back even further, long-term monitoring tells us whether observed geomorphic changes are — or are not — outside of the river’s natural variability.”
What might indicate an anomalous change from natural variability? “The long-term dataset can give us clues,” Dr. Hempel explains, adding a hypothetical example. “Let’s say that in the historic past, a particular meander bend grew at a rate of ½ foot per year, but for the last 10 years that same meander bend grew at a rate of five feet per year. This could indicate a fundamental change in the behavior of the river. The long-term datasets are incredibly important to document the baseline condition and, subsequently, determine whether a river has changed in a way that is outside of its natural variability.”
Active monitoring gives us an understanding of the long-term picture, particularly when a river’s behavior impacts us. “If a river is migrating laterally at a faster rate and this reduces a farmer’s acreage or threatens I-25, that’s a problem,” Dr. Hempel notes. “Managers in the basin could address this one-off problem by installing riprap, for example, but that might not resolve the long-term issue. By identifying the cause, the long-term issue becomes solvable. That’s why monitoring Fountain Creek’s geomorphology is so important.”
An engaged and informed public is a vital piece of the puzzle
Dr. Hempel encourages residents of Fountain Creek watershed to learn more about our creek. “A river reflects all the changes upstream of it,” she says. “Hydrologists call it the ‘pour point.’ Our creek literally integrates everything that is happening upstream: water, erosion, sediment and people. It’s possible that Fountain Creek can be a healthy, ‘well-behaved’ river. Or it’s possible that it won’t be healthy and well-behaved. When we have an informed public, with their voice and votes, residents can better understand our creek. They can say what they want Fountain Creek to be and, if needed, support and implement measures to improve it.”
Check out interactive maps of Fountain Creek!
If a picture’s worth a thousand words, an interactive map may be worth 10 times more. Take a few minutes to review a brief report titled “Elevation and Elevation-Change Maps of Fountain Creek, Southeastern Colorado, 2015-19,” authored by Dr. Hempel. And don’t miss the 10 interactive maps that accompany the report, illustrating elevation changes for each of the 10 Fountain Creek study areas.
For example, Study Area 1’s map layers show that the meander bend in this reach migrated toward the west and became more exaggerated between 2015 and 2019. Click the elevation-change map button, and you’ll notice that its lateral migration resulted in deposition (an increase in elevation) on the east side of the main channel and erosion (a decrease in elevation) on the west side.
To access the maps’ interactive layers, you’ll need to download the PDF files and view them in Adobe Acrobat DC — or use Adobe Reader DC, which is free to download. Find the report and maps here: http://pubs.er.usgs.gov/publication/sim3456.
Bill Banks is the executive director of the Fountain Creek Watershed Flood Control and Greenway District. The District was established in 2009, to manage, administer and fund capital improvements necessary to maintain critical infrastructure and improve the watershed for the benefit of everyone in the Fountain Creek watershed.
Overgrown invasive trees and trash that once dominated an 18-acre parcel near Pikes Peak Avenue and South Academy Boulevard have largely been cleared away in recent weeks as Colorado Springs city crews prepare to put in new wetlands.
The lot looks more like a construction site following several weeks of work by crews who removed 200 tons of trash, but this is just a first step in a project expected to take about two years and cost several million dollars to restore the site to a more natural state. The work will slow down stormwater and help improve water quality before it flows downstream, said Richard Mulledy, Stormwater Enterprise manager.
The city will need to change the topography of the property, in part because Spring Creek and a tributary have cut deep ravines across the lot, and plant new native vegetation, including willows and cottonwoods for new wetlands, he said. The creeks themselves could see new boulders and structures to help slow the water down, he said…
In southeastern Colorado Springs, few large undevelopable properties remain, and once restored the parcel could provide a welcoming open space for the neighborhood, he said. The Stormwater Enterprise is working with the parks department on potential trail connections to the property, he said.
The wetlands could improve stormwater quality by removing nutrients from the water, such as nitrogen, that flow in from yard fertilizers and contribute to algae blooms that can kill off wildlife. Wetland plants, such as cattails and bulrushes, can also remove heavy metal particulates from the water and keep them from flowing downstream, he said…
The project is one of hundreds the city has done over the last five years to improve stormwater quality after years of not properly funding infrastructure. The neglect of the stormwater system led to the city recently agreeing to spend $45 million on projects to settle a lawsuit brought by the Environmental Protection Agency, Pueblo County and the Lower Arkansas Valley Water Conservancy District…
The Colorado Springs City Council approved an increase to monthly stormwater fees set to take effect in July to help cover the cost of those projects. Residential fees will go up from $7 per month to $8 per month over three years.
The project near Pikes Peak Avenue could see some of that funding as it takes shape in the coming years. The recent work to clean up the property and remove trees cost about $100,000 and the full restoration of wetlands could take $2 to $3 million, Mulledy said.
The hot dry conditions that melted strong snowpack early in 2020 and led to severe drought, low river flows and record setting wildfires across the state could be a harbinger of what is to come in Colorado.
Climate change is likely to drive “chaotic weather” and greater extremes with hotter droughts and bigger snowstorms that will be harder to predict, said Kenneth Williams, environmental remediation and water resources program lead at Lawrence Berkeley National Laboratory, headquartered in California.
“We are looking to be moving toward a future that is really decoupled from the past,” said Williams, who is leading a long-term watershed research project in Crested Butte.
In 2020, the Colorado River system had 100% of average snowpack on April 1 but then thwarted expectations when it didn’t deliver the 90% to 110% of average runoff that water managers could typically predict. The river system only saw 52% of average runoff because water was soaked up by dry soils and evaporated during a dry, warm spring, said Brad Udall, senior water and climate research scientist at Colorado State University.
“It’s not typical, but it could very well be our future,” he said.
The 2020 drought will end at some point, but that appears unlikely this spring with the National Oceanic and Atmospheric Administration forecasting above-normal temperatures and below-normal precipitation through March, April and May.
Conditions could improve more rapidly on the eastern plains with big spring and summer rain, said Russ Schumacher, Colorado’s state climatologist.
In the larger picture, breaking the drought across the vast Colorado River Basin will likely take a string of winters with much above average snowfall, Schumacher said.
In the long term, conditions across the Southwest are going to become more arid as average temperatures rise, driven by greenhouse gas emissions, Udall said, with lower soil moisture and stream flows among the negative impacts.
The 19-year stretch of only intermittingly interrupted drought from 2000 to 2018 in the Southwest U.S. was exceeded only by a late 1500s megadrought, the journal Science reported in a paper this year…
New reservoirs could play a role in the future, but construction alone cannot resolve the coming water woes.
“Anyone who thinks they can build themselves out of climate change is nuts,” Udall said. “There is a limit to the amount of storage that’s helpful.”
Too much storage can sit empty and if the water is allowed to sit for too long a valuable portion is lost to evaporation, he said.
In the highly variable years of climate-related weather to come, keeping water flowing to homes and farms will take better planning and a much better understanding of the “water towers of the West,” the remote peaks where significant amounts of snow accumulate above 8,000 feet.
Water managers are keen to know not just how much water may flow into rivers and streams, but when, and also what it might contain because as water flows drop water quality is also likely to be more of a concern…
The rapid change has left water managers and researchers in need of better data to understand short-term trends, such as how much runoff to expect this year and longer-term shifts.
Traditionally Colorado and the West have relied on a network of more than 800 snow telemetry sites — SNOTELS, as they are called by the Natural Resources Conservation Service — that automatically collect snowpack, temperature and precipitation. But now more snow is falling at elevations above the SNOTELS and aerial observations are needed to provide an alternative source of data on snowpack utilities and others wouldn’t otherwise know about, Williams said…
So Denver Water is forming a new collaborative to bring utilities, including Colorado Springs Utilities and other water users, such as water conservancy districts that serve farmers and ranchers, together to fund statewide flights, which can be quite expensive, she said.
The formal planning work around what data to collect and funding flights is set to begin in April and already the collaborative has attracted members from across the state, Kaatz said.
The group hopes to start funding the flights in about a year to provide the high quality data to water managers, Kaatz said. Having that data will be a valuable asset in Colorado’s semi-arid climate as it warms, she said.
“Warming is here and now. It’s not the next generation’s challenge.”
The rapid spring runoff is often the star in the water world. But high elevation groundwater is key to feeding streams in the late summer and winter, helping to sustain fish and late season irrigation. It is also an important source for reservoirs, said Rosemary Carroll, a hydrologist with the Desert Research Institute and collaborator on the Department of Energy projects in Crested Butte.
When Carroll started studying groundwater in the upper Gunnison watershed, she expected to find water that had percolated through the soil for two or three years before reaching streams. Instead, she’s found groundwater about a decade old, which has benefits and drawbacks during dry times, she said.
If the watershed is in a shorter drought, the groundwater can act as a buffer supplying old water that fell as snow and rain years ago, she said. But if it is a sustained drought then the absence of water from the system persists through a lack of groundwater, she said.
If the area continues to see hotter drier conditions, it’s likely that groundwater coming to the surface would be older and there will be less groundwater available to support streams, she said.
As Colorado Springs Utilities braces to absorb hundreds of thousands of new residents in the coming decades amid hotter weather, it is looking to conservation, agriculture, and new water supplies from the Colorado and Arkansas rivers to help fill the gap.
Utilities examined 50 future climate scenarios to prepare its latest 50-year plan and settled on a future that will be on average 3 degrees Fahrenheit warmer with no change in average precipitation, instead of relying on historical weather trends to make projections, said Kevin Lusk, a water engineer with Utilities…
As new neighborhoods take shape, particularly in Banning Lewis Ranch, Utilities is planning for the city’s population to increase 53% from about 470,000 people to 723,000, the 50-year plan states. As those residents move in, the city’s annual water demands are expected to rise from 95,000 acre feet a year to 136,000 acre feet a year…
For Colorado Springs, reservoirs are already a key piece of a complex water system that brings 80% of the 95,000 acre feet of water the city uses annually into the area.
The largest amount of new water supply, 90,000 to 120,000 acre feet of water, is expected to come from the new or enlarged reservoirs or water storage within the Arkansas River basin, according to the 50-year plan. One of those projects could be a new reservoir or gravel pit complex between Twin Lakes and Pueblo Reservoirs, the plan states.
Utilities may also build additional reservoir space in the Colorado River watershed, and it is working with Aurora on a highly controversial new reservoir in the Holy Cross Wilderness in Eagle County. The U.S. Forest Service is expected to make a decision soon on whether to permit the exploration of the new reservoir’s feasibility…
Through conservation, Utilities expects to save 10,000 to 13,000 acre feet of water annually, said Patrick Wells, general manager with Colorado Springs Utilities Water Resources and Demand Management. The city’s watering restrictions adopted last year that limit outdoor watering to three days a week from May 1 to Oct. 15 are meant to help achieve long-term water savings and more than 550 acre feet of water was saved in the first year, he said.
In the future, water owned by agricultural interests, particularly farmers and ranches in the Lower Arkansas River basin, will also play a key role. But rather than purchase it outright, Utilities is looking to lease 15,000 to 25,000 new acre feet of water annually.
The leases are a move away from purchasing farms and their associated water rights outright and transferring that water to the city, a practice called buy and dry. In the 1970s, farmers sold the water rights that previously served 45,000 acres in Crowley County leaving only 5,000 acres in production, The Gazette reported previously.
Cities bought water outright from agriculture through the early 2000s as the primary means of transfer, said Scott Lorenz, water sharing senior project manager with Colorado Springs Utilities.
Now, the state and city are focused on lease agreements that can serve farmers in dry times, he said. For example, in a dry year a farm may not have enough water to put all the fields in production, the producer can lease some water to the city and earn money through the water instead, Lorenz said.
Compensating farmers for their water and taking land out of production can have consequences, however, because it can disrupt the overall agriculture market when farmers aren’t buying seed or materials or employing laborers, said Brad Udall, senior water and climate research scientist at Colorado State University. The buyers the farms supply may also go elsewhere for products if farms aren’t producing annually, he said.
Utilities’ already has several lease agreements in place, including one in perpetuity with the Lower Arkansas Water Management Association, a group that replaces the water taken from the Arkansas River through wells. As farmers pump from ground wells supplied by the river, the association ensures water flows back into the river so that downstream residents in Kansas receive their full water rights.
The city has agreed to lease water from the association five out of every ten years and pay for its water every year, said Bill Grasmick, association president. The city also paid for a new reservoir that the association is already using.
By summer, fields of peonies, dahlias, sunflowers, zinnias, cosmos and some 40 other varieties of flowers will shimmer in the sun and bend in the breeze.
A pergola will become a cut-flower processing center. An old tuberculosis hut will be transformed into a flower stand.
The renovated barn will host weddings and community events, the empty pig pen will be converted into bachelor’s quarters and the former chicken coop will serve as an outdoor reception area…
Children will be able to pick a Pueblo-grown pumpkin during a fall festival, with hayrides and activities planned for every Friday, Saturday and Sunday in October.
“This is one of those places that people have good memories, and that’s one of the things that’s driving my desire to be involved — for people to be in the moment and make memories again,” said Nikki McComsey, owner of Gather Mountain Blooms.
McComsey is leasing a portion of the farm and managing the property, which in the 1930s was bought by the family of the late Nick and Bambi Venetucci and now is overseen by two local philanthropic foundations.
The aged fields, where thousands of pumpkins that were given away grew plump, beans and peas could be plucked from the vine and immediately savored, and grass-fed cows, pastured pigs and productive hens roamed, have lain barren for nearly five years.
Unforeseen contamination of the Widefield aquifer, which was saturated with perfluorinated compounds originating from firefighting foam used at Peterson Air Force Base, forced the farm to stop selling edible goods in 2016.
Revenue dried up along with the plants…
The farm’s primary source of income had been selling water from four of its seven wells to the Fountain Valley’s three water districts, said Samuel Clark, executive director of Pikes Peak Real Estate Foundation.
Water leasing netted the farm $260,000 in 2016, Clark said.
Lost revenue from produce and other consumables sold at farmers’ markets ranged from $30,000 to $190,000 annually, he said.
But the farm is poised to become bountiful once again.
After years of working with the Air Force and area water districts, Venetucci’s wells this week were connected to a new filtration system rendering water from the aquifer safe to use, according to Roy Heald, general manager of Security Water and Sanitation District.
Colorado Springs City Council on Tuesday unanimously approved three years of stormwater fee increases that take effect in July.
Several council members acknowledged the fee increases are needed to make up for the city neglecting to maintain stormwater infrastructure and failing to require developers to meet stormwater standards for years, leading to a recently settled lawsuit that will require stormwater control projects to be built…
Residential fees paid through utility bills are to go increase to $7 per month from $5 per month. Residential rates will then go up to $7.50 per month in 2022 and $8 per month in 2023, according to the approved fee structure.
Commercial properties’ monthly fees will go up to $40.50 per acre per month from $30 per acre. In 2022, commercial fees will increase to $43 per acre per month and in 2023 to $45, the proposal shows. The fees are then expected to remain flat through 2035, said Richard Mulledy, Colorado Springs stormwater enterprise manager.
The fee increases are needed to help cover $45 million in projects required by a consent decree approved in the case brought against the city by the EPA, Pueblo County and the Lower Arkansas Valley Water Conservancy District. The lawsuit stated, in part, that stormwater management in the city was underfunded.
Stormwater fees also must cover $460 million the city is spending over 20 years to build 71 stormwater projects as part of its 2016 agreement with Pueblo County. The agreement was needed to allow Colorado Springs to start pumping water needed to fuel city growth from Pueblo Reservoir through its Southern Delivery System pipeline.
Here’s the releaseThe Colorado School of Mines (Emilie Rusch):
Published today in Environmental Science and Technology, the research was led by Mines’ Chris Higgins and Juliane Brown
If state and federal regulators focus only on the safety of drinking water, the public could still be exposed to concerning levels of poly- and perfluoroalkyl substances (PFASs) via the vegetables on their dinner plate if those vegetables are grown with PFAS-impacted water, according to a new study from researchers at Colorado School of Mines and engineering firm Geosyntec.
Published today in the journal Environmental Science and Technology, the study is the first of its kind to examine PFAS in water that is used to grow crops. Researchers compiled available data on how much individual PFASs are taken into vegetable crops irrigated with contaminated water – in this case lettuce – to estimate the daily dietary exposure intake through vegetables of these so-called “forever chemicals” for both adults and children.
“While there has been an emphasis on identifying and cleaning up drinking water impacted by PFASs, much less attention has been given to assessing risks from consuming produce irrigated with PFAS-contaminated water,” said Juliane Brown, an environmental engineering PhD candidate at Mines who led the research. “This study brings much needed attention to this issue and highlights the potential risks associated with this critical exposure pathway.”
PFASs are a large and diverse group of synthetic chemicals used in many commercial and household products, including Class B fire-fighting foams, nonstick-coated cooking pan production, food contact materials, waterproof textiles and many others. An emerging body of evidence shows PFAS exposure can cause cancer and developmental, endocrine, renal and metabolic problems.
Globally, PFAS contamination of irrigation water and soils in agricultural areas has arisen from a variety of sources, including the use of aqueous film forming foam (AFFF) on military bases and airfields, the application of treated sewage sludge as agricultural fertilizer and releases from nearby industrial facilities.
But currently, many state and federal agencies are primarily focused on drinking water exposure, missing a potentially importance exposure pathway via irrigation water, said Christopher Higgins, professor of civil and environmental engineering at Mines and senior author of the study.
“Even when drinking water has been treated and is considered safe, there is a potential for exposure from vegetables irrigated with contaminated water or grown in contaminated soil,” Higgins said. “This study shows that regulations that solely target perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) in drinking water are inadequate to protect human health risks from PFASs.”
By using statistical modeling techniques akin to the election model prediction forecasts, the Mines-led team was able to consider a range of variability and uncertainty to identify the “most likely” intake and hazard associated with consuming PFAS-contaminated vegetables, using lettuce as a proxy for produce. The team also predicted risk-based threshold concentrations in produce and irrigation water to provide screening levels for assessment. These represent the range of concentrations for individual PFASs in irrigation water predicted to be below a level of concern for human health.
Using the lowest available human health toxicity reference values and a conservative 5th percentile approach, estimated risk-based threshold concentrations in irrigation water were 38 nanograms per liter (ng/L) for PFOA and 140 ng/L for PFOS, two PFASs commonly targeted by regulators.
In the case of PFOA, this suggests that even if irrigation water meets the current 70 ng/L PFOA and PFOS U.S. Environmental Protection Agency lifetime health advisory for drinking water, this may not be fully protective of PFOA exposure due to vegetables grown in that water, at least compared to toxicity reference values used by the State of California, which has the lowest toxicity reference value for PFOA in the U.S., Higgins said. Importantly, PFAS contamination also typically includes more than just PFOA or PFOS.
“Another major implication of this study is we really need to come up with a plan to address PFAS mixtures, as these chemicals are nearly always present as a mixture,” Higgins said
The team used real-world data from PFAS-contaminated groundwater to conduct a hazard analysis of a theoretical farm comparing different risk estimates based on established state, federal, and international toxicity reference doses. This analysis showed estimated exposures to most PFASs exceeding available or derived human health toxicity reference values – indicating water-to-crop transfer is an important exposure pathway for agricultural communities with PFAS-impacted irrigation water.
The full study, “Assessing human health risks from per- and polyfluoroalkyl substances (PFAS)-impacted vegetable consumption: a tiered modeling approach,” is available online at https://dx.doi.org/10.1021/acs.est.0c03411. In addition to Brown and Higgins, co-authors were Geosyntec principal scientist Jason Conder and project scientist Jennifer Arblaster.
This research was supported, in part, by the National Science Foundation Graduate Research Fellowship and the U.S. Environmental Protection Agency (under Assistance Agreement No G18A112656081.)
Here’s the abstract:
Irrigation water or soil contaminated with per- and polyfluoroalkyl substances (PFASs) raises concerns among regulators tasked with protecting human health from potential PFAS-contaminated food crops, with several studies identifying crop uptake as an important exposure pathway. We estimated daily dietary exposure intake of individual PFASs in vegetables for children and adults using Monte Carlo simulation in a tiered stochastic modeling approach: exposures were the highest for young children (1−2 years > adults > 3−5 years > 6−11 years > 12−19years). Using the lowest available human health toxicity reference values (RfDs) and no additional exposure, estimated fifth percentile risk-based threshold concentrations in irrigation water were 38 ng/L (median 180 ng/L) for perfluorooctanoate (PFOA) and 140 ng/L (median 850 ng/L) for perfluorooctane sulfonate (PFOS). Thus, consumption of vegetables irrigated with PFAS impacted water that meets the current 70 ng/L of PFOA and PFOS U.S. Environmental Protection Agency’s lifetime health advisory for drinking water may or may not be protective of vegetable exposures to these contaminants. Hazard analyses using real-world PFAS- contaminated groundwater data for a hypothetical farm showed estimated exposures to most PFASs exceeding available or derived RfDs, indicating water-to-crop transfer is an important exposure pathway for communities with PFAS-impacted irrigation water.
The city would pay a fine of $2 million and commit to an additional $43 million in stormwater projects over 15 years, Mayor John Suthers announced earlier this week.
Suthers said “an agreement in principle” exists for a settlement between the city — the defendant in the case — and the plaintiffs including the Environmental Protection Agency, the Colorado Department of Public Health and Environment, Pueblo County and the lower Arkansas Valley Water Conservancy District.
“We’re now entering a 30-day comment period,” he said. “At the end of it, the judge will evaluate whether he wants to approve the settlement. I suspect he will.”
The mayor said that in the next few weeks, city officials will explain settlement details to the public, and that he already has City Council approval to pay the penalty.
“The federal government would get $1 million of the fine, and the state would get the other half,” he said. “The state’s share actually goes into a current project in the Arkansas River. That’s a lot better than a $12 million fine that was initially discussed.”
As a result of the penalty, however, Suthers said the city will have to raise its stormwater fee to homeowners and businesses over the next 15 years to pay the penalty…
Suthers said the city’s stormwater issues were a result of inaction by previous city councils, but upon his election as mayor in 2015 he pledged to address the issue and heal the rift between Pueblo County leaders, who had threatened to sue the city.
In fact, in the spring of 2016, Pueblo County agreed on a long-range plan in which the city would spend $460 million over 20 years on 71 stormwater projects, maintenance and enforcement.
To help generate the needed revenue, Suthers in 2017 pushed for the re-establishment of a stormwater fee ultimately passed by voters that November…
The city hoped its progress on stormwater issues would prevent a lawsuit, but in November 2016 the EPA initially filed suit and the other plaintiffs joined in. U.S. District Judge Richard Matsch presided over the weeklong bench trial in Denver in September 2018, and issued his ruling two months later.
The lawsuit filed in 2016 claimed the city’s stormwater control efforts were underfunded and understaffed starting in 2009 and for years afterward. The suit also said the city’s failure to control stormwater degraded, eroded and widened Fountain Creek and its tributaries.
City officials stepped up stormwater control efforts in recent years after voters approved a stormwater fee in 2017.
But for years, poor stormwater control sent silt washing down Fountain Creek to the Arkansas River where it filled in the channels of both waterways and caused flooding in communities downstream, including Pueblo and La Junta, said Jay Winner, general manager of the Lower Arkansas Valley Water Conservancy District…
The proposed consent decree will also hold the city of Colorado Springs accountable to complete the stormwater projects needed to improve water quality, he said. The document outlines required audits, milestones the city must meet, and hefty fines if it fails to complete the required work.
The proposed consent decree is expected to be finalized soon. It must be submitted to U.S. District Court Judge John Kane by Friday, according to court records. The judge set a deadline for submission of the decree, after the parties were granted six requests for more time to reach an agreement…
U.S. Department of Justice spokeswoman Danielle Nichols said the proposed consent decree requires the city to spend $11 million on projects intended to mitigate the alleged violations of water quality standards in Fountain Creek and its tributaries. In addition to helping reduce the flow of silt, the work will help keep oil, grease, heavy metals, pesticides, fertilizers and bacteria out of the waterways, she said…
Fulfilling the requirements of the proposed consent decree could require $100 million in spending to improve stormwater control and associated projects, Nichols said. However, the city would have spent $55 million of the $100 million anyway on operating, personnel and other costs, said Travis Easton, Colorado Springs’ public works director.
The $45 million required to fulfill the consent decree is in addition to the $460 million the city is spending over 20 years to build 71 stormwater projects to meet its 2016 agreement with Pueblo County, he said.
The spending on the consent decree includes $2.1 million mostly in fines that the Colorado Springs City Council approved Tuesday. That money will come from the general fund, not stormwater fees, Mayor John Suthers said.
The federal government will receive $1 million in fines and the Lower Arkansas Valley Water Conservancy District will receive $1 million in state fine revenue to fund projects, according to the proposed consent decree. Pueblo County will receive $25,000 to cover lawsuit costs and the conservancy district will receive $100,000 for lawsuit costs, the document shows…
The fine revenue set aside for the conservancy district will help it fund projects across its five-county territory and help it secure additional grant money to meet the needs for water quality projects, Winner said. The district needs to put in projects, such as riparian zones and ditch lining, he said.
The district could put in $100 million in water quality projects and still have work to do, he said.
At the board’s Sept. 21 meeting, they heard recommendations from town staff and special legal counsel regarding the potential for using the sale of revenue bonds to fund major improvements to its water system over the coming years.
However, instead of revenue bonds, it was recommended Monument create an ordinance to enter a site lease agreement and lease purchase agreement to market Certificates of Participation (COPs) — an alternate form of financing…
Presently, the town has a 2A water fund and an enterprise water fund for its improvements. Formal revenue bonds would have the town fund improvements from just one fund, Richey said. Using Certificates of Participation is a way many municipalities, counties and school districts fund projects without having to raise taxes and is a financial structure approved by the Colorado Supreme Court, Richey said. The collateral for the agreement would be town-owned property, infrastructure and improvements.
With the agreement, Monument would lease its collateral property to BOK Financial in Denver, which would act as the financial trustee in exchange for an anticipated $22 million. BOK Financial then leases back the property to the town, and Monument pays “base rents” to pay off the $22 million over time, Richey said.
Richey said Certificates of Participation also carry added protection for the town since they involve leases over a particular term and not transfer of title. Monument would not lose title to any of its assets, he said.
While town staff plans on raising $22 million through marketing these COPs, other terms like interest rates and repayment amount will depend on market conditions when the certificates go to market. The agreement guarantees the interest rate would not exceed 4.5%, but with present rates it is expected to be just under 3%, Town Manager Mike Foreman said…
Terms for repayment would not exceed 30 years, but Richey said town staff is negotiating for lower terms. Richey also said as base rents are paid, subleased property in the agreement could be removed, which is the goal, or substituted with other property of equal or lesser value.
The board approved the ordinance 6-0 with no opposition from trustees, staff or the public…
Foreman noted the anticipated $22 million from the COPs would leave an additional $5 million in the 2A fund.
The Waldo Canyon Fire changed the way our community looks at natural disasters. A project designed in response to side effects of the blaze is now completed, and aims to be proactive, rather than reactive.
Near Garden of the Gods lies the Camp Creek Drainage Improvement Project. It’s a 17-acre floodwater detention and sediment collection facility…
After the Waldo Canyon Fire, the burned vegetation was not able to absorb moisture in the way it normally would. Consequently, the area saw flooding, with sediment rolling down the hillsides as well.
So, the Camp Creek Drainage Improvement Project was designed, with the help of federal, state, and local agencies. A Federal Emergency Management Agency (FEMA) grant for $8.9 million bankrolled the project, as well as $844,000 from the city.
Representatives from FEMA and the state visited the completed project on Monday. “If we could do more mitigation across the country, we’d be a much safer country, we’d be a much more resilient country,” said Peter Gaynor, the FEMA Administrator…
In addition, approximately 100 people no longer live in the floodplain. “We’re really not moving people out of the floodplain, we’re moving the floodplain right? And so, we’re changing the shape and the footprint of the floodplain,” said Klein.
The 169 acre-foot storage reservoir is estimated to hold around 360,000 gallons of water, according to the Stormwater Enterprise Manager for the City of Colorado Springs, Richard Mulledy.
Mulledy said the project has made around 100 residents who previously lived within the floodplain safer. He also said they now do not have to pay for floodplain insurance, which can be expensive.
Plus, it will create better evacuation routes during floods if necessary.
At the Monument Board of Trustees meeting Aug. 3, 2020…approved two resolutions to continue water projects which have been on hiatus.
Trustees reviewed a resolution to award a project agreement to Forsgren Associates Inc. for the continued design and development of a new two-gallon [two million gallon] water storage tank and associated pipeline into the town’s water system. Public works director Tom Tharnish said a lot of preliminary work had already been done by Forsgren Associates and continuing the project with the firm would quicken the project’s timeline.
The agreement would allow the majority of the engineering for the project, which involved a change in the size of the tank from 1.2 million gallons. The town is already $60,000 into the project, Tharnish said. When originally developing a 1.2 million gallon tank, the additional capacity required for the upcoming reuse pipeline wasn’t considered…
Another resolution was presented to the board to award a contract to Lytle Water Solutions LLC for the design and development of a new water well at the Water Treatment Plant.
Given recent emergency repairs to Wells No. 3 and No. 8, Tharnish said the department’s senior water technicians approached him with concerns for the same incident occurring later this year…
The idea is to drill a new well on the Well No. 4-5 site and build a short pipe to the existing treatment plant. Since this would create additional flow to an existing plant, the plans for the well have to be approved by the Colorado Department of Public Health and Environment.
Tharnish said the new well, which would draw from the Arapahoe basin, would produce 190-200 gallons per minute. Presently, Wells No. 4 and 5 produces 100 and 60 gallons per minute, respectively, which is the way the state has permitted them, he said. Trustees approved the resolution 6-0.
Town Manager Mike Foreman said the town is getting ready to sell revenue bonds prior to November to help fund the water projects planned for the next five years and a workshop with the board to review all future water projects would be forthcoming. Foreman said the town has the opportunity to sell $15-20 million in bonds over the next five years.
Tharnish noted Well No. 3 is repaired and operational, producing 25 gallons per minute more than it did previous to experiencing a failure July 5.
FromColorado Politics (Marianne Goodland) via The Colorado Springs Gazette:
The Colorado Water Quality Control Commission, part of the Colorado Department of Public Health and Environment, announced Wednesday the approval of a new policy to reduce the use of perfluoroalkyl and polyfluoroalkyl substances — also known as PFAs, a chemical found in firefighting foam.
Among the most serious problems caused by PFAs in Colorado: contaminated well water supplies in El Paso County, most notably in the Widefield aquifer that serves the communities of Fountain, Widefield and Security.
The policy “will provide the department with clear guardrails for setting wastewater discharge permit limits on the chemicals released into local waterways. It also provides time for city and county wastewater treatment plants to work to reduce the chemicals from industries that use them and that discharge their wastewater with these chemicals into local sewer systems,” according to a CDPHE statement…
…delays by the EPA in developing a standard for surface or groundwater limits on PFAs has now prompted the state’s water quality commission to take action of its own. The new policy has been in the works since February.
It’s not without its detractors, including a nine-member group known as AF CURE (the Arkansas Fountain Coalition for Urban and River Evaluation). That group includes Colorado Springs Utilities; the sanitation districts for Fountain, Security and Widefield; and the Tri-Lakes water district. The group claimed the policy is more stringent than existing state policy on groundwater standards and would control decision-making for groundwater discharge for central El Paso County, in the vicinity of Fountain Creek.
AF CURE claimed the policy addresses “parent” PFAs compounds with no known toxicity. The policy would also present challenges to public utilities projects, including costs, according to a group presentation Tuesday.
Colorado Springs Utilities said it has spent $120,000 for PFAs testing in the past eight months, including installing 21 monitoring wells. The water quality division failed to fully look at the economic impact of the policy, the group said. “Do not adopt Policy 20-1 as drafted. There are many unaddressed issues wih significant complications.” And doing the policy through a rulemaking hearing, instead of the administrative hearing held Tuesday, would allow for a “more robust cost/benefit analyses.”
The Water Quality Control Division said what’s known about PFAs in Colorado is not enough:
50% of community systems have unknown levels of PFAS in drinking water
96% of community water systems haven’t had their sources tested
95% of surface water segments have not been tested, which leads to questions about how PFAs impacts fish, livestock and crops
20% of Colorado’s population relies on private wells, yet nearly none have been tested, and shallow wells are a higher risk.
John Putnam, environmental programs director for the CDPHE, said in a statement Wednesday that “we can’t wait for the EPA to come up with guidance; it would take too long. We need to take action now using the most current and best information available so we can start getting a better sense of the level of exposure we have in our state and to take the necessary steps to protect Coloradans from being more at risk.”
The Water Quality Control Division recently collected 71 samples from rivers and streams around Colorado, and every one of them showed at least some detectable levels of PFAs. A sample collected at the mouth of Sand Creek in Commerce City showed a level of 77 parts per trillion, which exceeded the EPA’s drinking water limit of 70 parts per trillion.
While the commission statement said they were unaware that anyone was drinking that water, it’s still a concern since PFAs doesn’t break down and can impact downstream drinking water supplies.
The sampling data indicates that industrial companies that have discharge permits for wastewater may be playing a role in the buildup of PFAs in water supplies. There are several companies that treat and discharge wastewater into Sand Creek, according to the commission statement.
To set an enforceable limit, the EPA must pass through a complex set of steps established in law to regulate contaminants in drinking water. And powerful lobbies that face cleanup liability, including the chemical industry, oppose regulation of PFAS as a group…
LONG TIME COMING
The question of whether and how much to regulate these persistent chemicals in drinking water has spanned the administrations of US presidents George W. Bush, Barack Obama, and Donald J. Trump. “This is a multi-administration failure to take action on PFOA and PFOS and on the broader class of PFAS chemicals that may pose health effects,” says Melanie Benesh, legislative attorney for the Environmental Working Group, which has called for limiting the two chemicals in drinking water since the early 2000s. “It has taken EPA an extraordinarily long time to do anything.”
Action toward possibly regulating these chemicals in drinking water began about a decade ago, when the EPA gathered data collected by water utilities on occurrence and levels of PFOA and PFOS. Neither PFOA nor PFOS is manufactured domestically anymore, but communities across the nation face legacy pollution. Also, either chemical may still be imported as a component, such as a coating, in products.
Drinking water in at least 25 states is tainted with PFOA or PFOS. In some areas, including the Pease Tradeport, other PFAS also turn up, according to data gathered by the Environmental Working Group and Northeastern University. Overall, PFAS may contaminate public drinking-water systems that serve an estimated 19 million people living in the US.
Recent heavy rain is testing draining in Colorado Springs, and so far improvements seem to be working…
The city made a commitment four years ago to improve infrastructure, including redoing drainage and bringing the system up-to-date.
That work is ongoing, but so far the efforts seem to be making a difference.
“A lot of that too is coordination with us and the 2C program, so when they go in to repave roads, they’re rebuilding curb and gutter, we’re working with them to replace pipe, fix that conveyance as we go,” said Stormwater Enterprise Manager Richard Mulledy.
City leaders say runoff appears to be cleaner because less trash is making its way downstream.
Controlling the speed and the amount of water is also helping.
The state’s Water Quality Control Commission voted unanimously Tuesday to enact a policy to put new limits on per-and poly-fluoroalkyl substances, better known as PFAS. The class of chemicals is a common ingredient in everything from nonstick pans to foam used to smother flames from jet fuel.
A growing body of scientific evidence has linked the chemicals to a range of health problems, including cancer and pregnancy issues. Meanwhile, federal efforts to regulate the chemicals have lagged, leaving states to take action on their own.
Liz Rosenbaum, founder of the Fountain Valley Clean Water Coalition, was relieved to see Colorado join the list of states cracking down on the chemicals…
Rosenbaum’s community just south of Colorado Springs is widely seen as ground-zero for Colorado’s growing PFAS pollution crisis. In 2016, scientists found elevated levels of a specific PFAS in the drinking water for Security, Widefield and Fountain. The study traced the contamination to firefighting foam used at Peterson Airforce Base. Two years later, another study found elevated levels of the same chemical in community members’ blood.
Further testing has since revealed the chemicals in waterways across the state. Recent results from a state study found four water sources where levels exceeded a health guideline set by the Environmental Protection Agency in 2008. All of the samples had some detectable levels of the chemicals.
In an effort to control the problem, the Colorado Water Quality Control Division proposed rules to require wastewater treatment plants and industrial sites to monitor the chemicals. It also established the authority for the state to limit the chemicals in future wastewater permits.
But the focus on wastewater was met with a fierce backlash from cities and private interests.
Three days before the commission hearing, Aurora, Colorado Springs and Greeley joined utilities and water districts in demanding regulators pause deliberations over the new rules. The motion to vacate claimed the rules focused on wastewater treatment plants, which do not add PFAS to water systems.
The groups called on the regulators to instead focus the source of the chemicals, like companies making carpet products or consumers using nonstick pans.
The Metro Wastewater Reclamation District, which serves more than 2 million people around metro Denver, put an especially shocking number behind their objection. If the state required wastewater districts to clean up the chemicals, it could cost ratepayers over $700 million.
Representatives for the Colorado Water Quality Control Division dismissed those concerns. Manufacturers and airfields would also face new scrutiny to clean up the chemicals, which means the wastewater district probably wouldn’t end up stuck with the problem. Under the rules, the district also likely wouldn’t face any of the new limits on PFAS until 2031. Meg Parish, a permit manager with the division, said by then it could be far cheaper to clean up the chemicals.
Here’s the release from the City of Colorado Springs:
The City of Colorado Springs has closed Prospect Lake, in Memorial Park, effective immediately, until further notice due to the presumed return of toxic algae. The closure follows a visual inspection Monday, June 15 by Parks, Recreation and Cultural Services staff. A precautionary water sample is scheduled to be taken from the lake by Colorado Springs Utilities on Tuesday, June 16. This test is to confirm the presence of mycrocystin toxin, which is produced by cyanobacteria, also known as blue-green algae.
“Our region has again been experiencing hot, dry weather, creating conditions similar to what we experienced prior to the 2019 algae bloom in Prospect Lake,” said Erik Rodriguez, health, safety and environmental specialist with the Parks, Recreation and Cultural Services Department. “Given today’s visual inspection, and the lake’s recent history with mycrocystin toxin, we have closed Prospect Lake for usage at this time. If Tuesday’s water sample returns positive, we will continue to test weekly until the bacteria clears up.”
Prospect Lake was closed for 12 weeks in the late summer and early fall of 2019 due to blue-green algae. Since that time, Parks’ staff has taken proactive measures, including the application of an enzyme-based, non-pesticide treatment that consumes the biomass at the bottom of the lake and helps oxygenate the water. The first two treatments were applied May 26 and June 11. The next scheduled treatment is Tuesday. Additionally, more water will be added to the lake, which will increase the oxygen level and help dilute the toxin.
During the closure, the following activities are prohibited: swimming, bathing, paddle boarding, tubing, water skiing and non-motorized boating of any kind. No pets are allowed. The use of permitted motorized boats is encouraged as this activity can help aerate the water. Fishing areas will remain open, though anglers are urged to clean fish well and remove guts.
BLUE-GREEN ALGAE BACKGROUND
What is harmful algae?
Blue-green algae are a type of bacteria common in lakes throughout Colorado. When conditions are right, blue-green algae multiplies quickly. Those conditions include sustained hot weather, stagnant water, and polluted stormwater runoff.
These conditions result in too much nitrogen, potassium and phosphorus in the water. This causes the harmful bacteria to grow faster than the ecosystem can handle. The increased bacteria harm water quality, decrease the amount of oxygen available to animals living in the water, and can produce a toxin that is harmful to humans and pets.
Blue-green algae are self-limiting, naturally-occurring bacteria, which means it eventually phases itself out of bodies of water.
The Colorado Department of Public Health and Environment (CDPHE) offers additional information about blue-green algae on its website.
FromColorado Politics (Marianne Goodland) via The Colorado Springs Gazette:
A bill on toxic firefighting chemicals that have contaminated water supplies in southern El Paso County won unanimous support Thursday from the House Finance Committee.
[HB20-1119] was approved by the House Energy and Environment Committee on March 9, before the General Assembly shut down for 10 weeks due to the novel coronavirus pandemic.
According to bill co-sponsor Rep. Lois Landgraf, a Colorado Springs Republican, the measure is a fix of sorts for legislation that passed in 2019 which banned the use of perfluoroalkyl and polyfluoroalkyl chemicals, known collectively as PFAS.
The 2019 law banned Class B firefighting foams that contain “intentionally added” per- and polyfluoroalkyl substances. Those chemicals were used for decades at Peterson Air Force Base in El Paso County and have been found in the Widefield aquifer, which serves Security, Widefield and Fountain, communities near the base…
Last year’s bill created the clean water process for PFAS, Landgraf said. “What we didn’t realize is that it also eliminated the ability of the airports to stay in business. United could not get their insurance because we banned any use of PFAS. They have to practice with it a couple of times every year to keep their insurance in place,” Landgraf said.
This year’s measure allows the testing to take place in airline hangars. The runoff will be captured in catch basins and then disposed of.
The bill also requires a the state’s solid and hazardous waste commission to come up with a certificate for any facility — like an airport — or firefighting department that shows PFAS is present on the premises.
Landgraf said the certificate will help the state track PFAS. “Right now we don’t know who’s using it and not using it,” she said.
The Colorado Aviation Association backs the bill in its current form, according to lobbyist Kelly Sloan, who pointed out that the use of PFAS is on its way out. The Federal Aviation Administration is planning to phase out the use of PFAS at airports, but for now, airports still have to comply with those federal regulations, he said…
The bill now heads to the House Appropriations Committee.
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From Water Education Colorado (Laura Paskus and Caitlin Coleman):
When Water Justice is Absent, Communities Speak Up
Two years ago, a company that analyzes property data crunched the numbers on more than 8,600 zip codes in the United States and found that America’s most polluted neighborhood was in northeast Denver. The study, from ATTOM Data Solutions, shows that Denver’s 80216 zip code, which includes Globeville, Elyria-Swansea and River North, topped its “environmental hazard index.” As of 2017, the U.S. Environmental Protection Agency’s Toxic Release Inventory reported that 22 facilities were still releasing toxic chemicals in 80216, chemicals such as nickel, lead, methanol, creosote and more.
“The neighborhood is parked between gas refineries, the former airport, and then, also, what was at one time an Army base making mustard gas,” says University of Denver law professor Tom Romero, II, who has spent his career dissecting the factors behind environmental injustices in Colorado. There are two Superfund sites and six brownfield sites in 80216, plus the knot of Interstate 70 and Interstate 25 severs the neighborhood from the rest of Denver and increases pollution from highway traffic. The area is also home to a predominantly low-income, Hispanic and Latinx community, says Candi CdeBaca, Denver City Councilwoman for northeast Denver’s District 9.
Last year, CdeBaca became the first person from the neighborhoods to represent on the Denver City Council, ever. She points to an opposition campaign to the Central 70 Project as the beginning of the neighborhood rallying to achieve representation against environmental inequities.
The Central 70 Project broke ground in 2018 to widen the highway through Denver. It will demolish the viaduct that carries I-70 over Elyria-Swansea, replacing it with a below-grade highway. Residents had a list of worries: losing their homes to eminent domain, living even closer to the highway, and unearthing a Superfund site, which they feared would re-expose harmful heavy metals and increase health risks, CdeBaca says.
Their opposition campaign didn’t stop the highway work, but the community came together and won in one sense—the Colorado Department of Transportation will pay for a long-term health study, collecting data to determine whether toxins in the air, soil and water are making residents sick. They also gained a louder voice. “Those losses were the first start of me galvanizing some community power around environmental racism,” says CdeBaca. “Now we have this amplification of groups who never had representation in our government from the neighborhoods that were polluted.” She points to the importance of local voice and representation in all issues, particularly for communities that want to bring about environmental justice. “There is nothing that I support more than activating people power,” CdeBaca says.
With water affordability, access and quality challenges—all of which can translate into health impacts—the role of water in Colorado isn’t always one of fostering healthy communities, yet it could and should be. What contributes to these less-than-whole communities? And what does it take to recognize the issues and how they evolved, address power imbalances, engage the community, and restore equity where it’s been missing?
What is Environmental Justice?
Environmental injustices in Colorado, or anywhere, can span cities and suburbs, sovereign tribal lands, and rural communities. They have their roots in narratives of immigration, development and industry, and political power dynamics, further influenced by evolving legal and regulatory frameworks.
In 1990, EPA Administrator William Reilly created an Environmental Equity Workgroup to assess evidence that “racial minority and low-income communities bear a higher environmental risk burden than the general population.” The agency, which went on to establish an Environmental Equity office in 1992, later changing its name to the Office of Environmental Justice in 1994, defines environmental justice as the “fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation and enforcement of environmental laws, regulations and policies.” It has since expanded to offer a range of programs that provide services from grant funding to technical assistance and training. It also runs a National Environmental Justice Hotline.
Another early definition of environmental justice came from University of Michigan professor Bunyan Bryant, who said it refers to places “where people can interact with confidence that the environment is safe, nurturing and productive. Environmental justice is served when people can realize their highest potential.”
Scholars add additional layers to the term—it’s not just about identifying who is or isn’t harmed but includes some form of restitution, says Kelsea MacIlroy, an adjunct professor and PhD candidate in the sociology department at Colorado State University.
“There are a lot of different ways to talk about justice that aren’t just about who and how but also about a long-term social justice component,” MacIlroy says. “Does the community actually have an authentic seat at the table in addressing the ills?”
80216 may feel it all. “Denver was segregated, and that segregation manifested itself in a variety of ways in terms of water,” Romero says. “It meant that Denver’s communities of color, particularly African Americans and Mexican Americans, were living in close proximity to the areas with heavy industry, where the affordable housing is.” That’s a pattern and practice, he says, that was established in the 20th century and continues today. Many environmental justice cases have similar roots, as repeated practices that ultimately create winners and losers.
When Government Fails
Americans watched one of the most high-profile environmental justice cases unfold in Flint, Michigan, in 2015 and 2016 when corroded lead pipes poisoned the population.
To save money, in April 2014, the city switched its drinking water source and began supplying residents with Flint River water that wasn’t treated under federal anti-corrosion rules. The population was predominantly black, and more than 40 percent of residents were below the poverty threshold. According to the National Institute of Environmental Health Sciences, no level of lead exposure is safe but higher lead exposure leads to more health challenges including anemia, kidney and brain damage, heart disease, decreased IQ and more. In children, the impacts are especially toxic.
Residents began noticing a rusty tint to their tap water in the summer of 2015, but it wasn’t until October 2015 that the governor ordered Flint’s water source switched. By then, though the new water was safe, the plumbing wasn’t—corroded pipes continued to leach lead into drinking water. Bottled water and free faucet filters to remove lead at the point of use were distributed.
More than five years after the crisis in Flint began, the city and its residents are still recovering. The city’s FAST Start program is removing and replacing lead and galvanized steel service lines across the city, but it’s a big, expensive job. FAST Start has been funded with $25 million from the State of Michigan and $100 million allocated by Congress through the Federal Water Infrastructure Improvement for the Nation Act of 2016. As of December 2019, less than 40 percent of the city’s pipes had been replaced, with many residents still relying on faucet filters or bottled water.
Fifteen state and local officials were charged with various crimes, including involuntary manslaughter—some took plea deals and most cases were dropped. Residents now mistrust their water and water providers. That mistrust has flooded the nation, with many more communities now coping with elevated lead levels and lead pipe replacement.
According to the independent Flint Water Advisory Task Force’s final report, released in 2016, breakdowns in protocol, dismissal of problems, and failure to protect people occurred at nearly every level of government. Not only were customers supplied with unsafe drinking water, government officials were slow to acknowledge the problems and rectify the issue by providing safe water. According to the 2016 report, the Flint water crisis is a “story of government failure, intransigence, unpreparedness, delay, inaction, and environmental justice.” Had there been local control of resources and decisions, they write, the problems wouldn’t have occurred in the first place.
Coping with Forever Chemicals
Flint’s toxic water is not unlike the water quality issues discovered in 2016 in the Colorado towns of Fountain and Security-Widefield. That’s when water providers and residents learned that PFAS chemicals, short for per- and poly-fluoroalkyl substances, were detected at levels above EPA’s new 2016 health advisory levels. The source of the chemicals: firefighting foam used for decades to extinguish training fuel fires at the U.S. Air Force’s Peterson Air Force Base. The Air Force now uses a replacement foam at the base, and in 2019, the Colorado Legislature enacted restrictions and bans on PFAS foam, but the damage has been done. PFAS are known as “forever chemicals” because they bioaccumulate and remain in the environment for a long time, with half lives (the amount of time it takes the chemical to decrease to half its original value) in humans of two to eight years, depending on the chemical. They have been linked to cancers, liver and kidney damage, high cholesterol, low infant birth weight, and other ailments.
“We ended up having 16 family members that lived within that area that had cancer, and five of them died of kidney cancer,” said Mark Favors, during a public event on PFAS at Colorado School of Mines in January 2020. Favors is a former resident of Security, a U.S. Army veteran, a PFAS activist, and member of the Fountain Valley Clean Water Coalition. “A lot of [my family] are military veterans. One of my cousins, while he was doing two combat tours in Iraq, the Air Force was contaminating their drinking water. That’s the crazy part. How they’ve admitted it and it’s just hard to get any type of justice on the issue,” Favors says.
These southern El Paso County towns aren’t home to what are often considered disadvantaged populations—the poverty rate is between 8 and 9 percent, slightly less than the statewide average; about 60 percent of residents are white, and about 20 percent are Hispanic or Latinx, according to the 2017 U.S. Census. However, census numbers don’t represent military personnel who temporarily reside in the area. According to El Paso County’s Health Indicators report, published in 2012, four military bases in the county employ 40,500 military personnel and about 21,000 contract personnel.
When EPA tightened its health advisory levels in 2016, they were 10 times more restrictive than what the agency had previously advised, and water providers realized they had a problem. They acted quickly to provide residents with free bottled water and water filling stations while they suspended use of the aquifer, then worked to broker deals to purchase clean water from other municipalities. Some of those deals were only temporary. Since June 2018, the City of Fountain has worked to get back on its groundwater supply, treating the groundwater with granular activated carbon units provided by the Air Force. Now it is working with the U.S. Army Corps of Engineers to construct a full, permanent groundwater treatment plant. The story in Security is similar—the Security Water and Sanitation District has been importing water, primarily from Pueblo Reservoir, to meet the needs of its residents since 2016, which involved building new pipelines and purchasing extra water from Colorado Springs Utilities—an added cost. Security avoided raising water rates for a time, paying those costs out of its cash reserves. By 2018, residents had to absorb a 15 percent rate increase, with another 9.5 percent increase in 2019.
The Army Corps of Engineers is constructing a treatment facility in Security, too, which should be complete by the end of 2020. Once the plant is finished, Security will switch back to a combination of groundwater and surface water, and rates should stabilize once the costs of those pipelines are recovered, says Roy Heald, general manager at Security Water and Sanitation Districts.
Who pays to protect the health of those who rely on this water? “What responsibility did [the Air Force] have in rectifying this? What about the local sanitation districts? They have to deal with this. It’s not their fault but they’re tasked with giving clean water,” says MacIlroy at Colorado State University.
“The Air Force really has stepped up,” Heald says. But they may have to step up further—in 2019, the Security Water and Sanitation Districts and the Pikes Peak Community Foundation, another affected entity, sued the Air Force to recoup the costs of purchasing and piping in clean water. Their lawsuit cites negligence for disposal of chemicals, remediation of contamination, and breaching a responsibility to prevent dangerous conditions on the defendant’s property. Heald wouldn’t comment on the pending lawsuit, but says, “As long as [cash] reserves are at an adequate level, if we received a windfall there would be no place else for it to go besides back to our customers.” Those recouped costs would likely take the form of lower or stabilized rates.
Residents are also pushing for justice through a class-action lawsuit brought by the Colorado Springs-based McDivitt Lawfirm, which has teamed up with a personal injury law firm in New York to file against 3M, Tyco Fire Products, and other manufacturers of the firefighting foam.
“There’s going to have to be some sort of accountability and justice for these people who unknowingly, for years, drank colorless, odorless high amounts of PFAS,” says Favors. He calls for better oversight and demands that polluters are held accountable.
As for coping with PFAS-related health challenges, there are still a lot of unknowns, but El Paso County was selected to participate in two national Centers for Disease Control and Prevention studies to better assess the dangers of human exposure to PFAS, and to evaluate exposure pathways.
Locally, the study and lawsuits might help recoup some financial damages—but PFAS-related water contamination isn’t isolated to these Colorado communities. In July 2019, the Environmental Working Group mapped at least 712 documented cases of PFAS contamination across 49 states. Lawmakers in the U.S. House of Representatives, hoping to implement a national PFAS drinking water standard, estimate the number is even higher: 1,400 communities suffer from PFAS contamination. A U.S. Senate version of a PFAS-regulating bill has yet to be introduced. But in February, EPA released a draft proposal to consider regulating PFOS and PFOA, just two of the thousands of PFAS.
Justice through Water Rights
Environmental justice isn’t exclusively an urban issue. Injustices involving pollution, public health, access, affordability and water can be wrought anyplace—including rural and suburban areas. For rural communities, the issue comes to a head when people, organizations or entities in power seek more water for their needs at the cost of others.
In southern Colorado’s San Luis Valley, acequia communities fought for years to protect their water rights and way of life. Acequias are an equity-based irrigation system introduced by the original Spanish and Mexican settlers of southern Colorado. “What it means is that the entire community is only benefitted when all resources are shared,” says Judy Lopez, conservation project manager with Colorado Open Lands. There, Lopez works with landowners to preserve wildlife habitat, forests, culturally significant lands, and ag lands—including those served by acequias.
The Town of San Luis, the heart of Colorado’s acequia community, is one of the most economically disadvantaged in the state. It’s in Costilla County, where more than 60 percent of the population is Hispanic or Latinx—more than any other county in Colorado—and 25 percent of the population live in poverty, according to the 2017 U.S. Census. But the people there are long-time landowners, never separated from the land their ancestors settled, four to seven generations back, Lopez says. They have the state’s original water rights to match, including Colorado’s oldest continuously operated water right, the San Luis People’s Ditch, an acequia established in 1852.
Prior to statehood, the territorial government recognized acequia water rights. But when the Colorado Constitution established the right of prior appropriation, the priority scheme of “first in time, first in right” became the law, challenging communal rights.
“It was very difficult for [acequias] to go to water court and say, ‘This guy is taking my water,’” Lopez says. “It was very difficult to quantify the use and who was using it.”
It wasn’t until 2009 that the Colorado Legislature passed the Acequia Recognition Law. The law was developed by Rep. Ed Vigil with the help of the Sangre de Cristo Acequia Association, an entity that represents more than 73 acequias and 300 families who depend on them. Amended in 2013, the law solidifies the rights of acequia users. According to the Colorado Acequia Handbook, it allows “acequias to continue to exercise their traditional roles in governing community access to water, and also strengthens their ability to protect their water.”
In order to be recognized under the Acequia Recognition Act, acequias needed bylaws. Over the past six years, Colorado Open Lands, the Sangre de Cristo Acequia Association, and the University of Colorado Boulder have partnered to help 42 acequias write bylaws, thereby protecting their water. “The bylaws were still based, in large part, on those oral traditions,” Lopez says, “and included protective language that said, ‘If a water right is sold, or a piece of land is sold, that acequia gets the first right to purchase those rights.’”
Even having water rights doesn’t guarantee water access: Over the past few decades, the federal government has settled longstanding water rights cases with sovereign tribes, in many cases backdating tribal water rights to the dates of their reservations’ establishment. Although the tribes now have the nation’s oldest established water rights, they haven’t always, and they still come up against structural and financial barriers that prevent them from developing water and getting the real benefit of those rights.
Of the more than 570 federally recognized tribes in the United States, as of 2019 only 36 tribal water rights settlements had been federally approved. The Ute Mountain Ute and Southern Ute tribes in Colorado are among that small number, but despite their long journey, the tribes still don’t have access to all the water they own.
Tribal water rights have their roots in the Winters Doctrine, a 1908 case which established tribal water rights based on the date the federal government created their reservations—thereby moving tribal water rights to “first in line” among users.
In the 1970s and ‘80s, the U.S. government filed and worked through claims on behalf of the Ute Mountain Ute and Southern Ute tribes to surface waters in southwestern Colorado. In the 1980s, Congress approved a settlement between the tribes, the federal government and other parties; in 2000, the Colorado Ute Indian Water Rights Settlement Act was amended, entitling tribes to water from the U.S. Bureau of Reclamation’s proposed Animas-La Plata Project (A-LP), as well as from the Dolores Project’s McPhee Reservoir. Construction on A-LP began in 2001, and the project’s key feature, Lake Nighthorse—named for Sen. Ben Nighthorse Campbell—began filling in 2009.
Prior to the Dolores Project, many people living in Towaoc, on the Ute Mountain Ute Reservation, did not have running water and instead trucked it in to fill water tanks at their homes, says Ernest House, Jr., senior policy director with the Keystone Policy Center and former director of the Colorado Commission of Indian Affairs. His late father, Ernest House, Sr., was pivotal in that fight for water. “I was fortunate, my father was able to see A-LP completed. I think he probably, in his own right, couldn’t believe that it would have been done and could be done,” he says. But even today, some Southern Ute and Ute Mountain Ute communities still lack access to water, and aging infrastructure from the 1980s needs updating and repairs.
“Our tribes as sovereign nations cannot maintain or move forward without access to water,” House says. “We have to remind people that we have tribal nations in Colorado, and that we have other tribes that continue to call Colorado home, that were removed from the state, either by treaty or forced removal,” he says, adding that acknowledging the difficult past must be a part of conversations about the future.
Those conversations include state, regional, and federal-level water planning. The Colorado tribes are engaged in Colorado’s basin roundtable process, with both tribes occupying seats on the Southwest Basin Roundtable, says Greg Johnson, who heads the Colorado Water Conservation Board’s Water Supply Planning Section (and serves on the Water Education Colorado Board of Trustees). Through the roundtables, local stakeholders conduct basin-wide water planning that is eventually integrated into the statewide Colorado Water Plan. However, until recently, tribal involvement in regional Colorado River negotiations between the seven U.S. basin states and federal government has been nonexistent. Change is brewing—a 2018 federal Tribal Water Study highlighted how tribal water resources could impact Colorado River operations, while a new Water and Tribes Initiative is working to build tribal capacity and participation in water negotiations throughout the basin.
“The Utes have been in what we call Colorado for the last 10,000 to 12,000 years,” House says. “It would be a shame if we were left out of the conversations [about water].”
The External Costs of Industry
Government is vital to addressing the legacy of environmental injustice, and preventing future problems, but finding solutions also demands reconsidering how business is done.
Consider Colorado’s relationship with the extraction industry, visible in the 19th-century mines that pock mountain towns, uranium-rich communities like Nulca, and the escalation of oil and gas drilling today. Colorado is an “epicenter” of extraction and environmental justice issues, says Stephanie Malin, associate professor at Colorado State University and a sociologist who studies energy development and extraction.
Lack of local control in the past has been especially frustrating, Malin says, since private corporations earn profits off the resources but then outsource the impacts. In the end, extractive industries have a track record of leaving communities and governments to bear the costs of cleanup.
Take Gold King Mine as one high-profile example. In August 2015, wastewater from an abandoned mine in San Juan County contaminated the Animas River between Silverton and Durango. Contractors hired by EPA accidentally caused 3 million gallons of mine waste, laden with heavy metals, to wash into the Animas. New Mexico, Utah, and the Navajo Nation all filed to sue EPA, with farmers reporting that they couldn’t water their crops and others saying they had to truck in alternative water supplies. But those responsible for the contamination were long-gone. Like tens of thousands of other mines in the region, the Gold King Mine was abandoned in the early 20th century.
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)—more commonly called Superfund—which Congress passed in 1980, was originally set up as a “polluter tax” on oil, gas and chemical companies at risk of contaminating communities or the environment. But Congress never reauthorized the tax, which expired in 1995. By the early 21st century, the fund was bankrupt. Today, these cleanups are funded entirely by taxpayers.
“It’s part of a bigger pattern of privatizing profit and nationalizing, or socializing, risk,” Malin says. “Then, communities and the environment are left holding the ‘external’ costs.” Those external costs, she says, are nearly unquantifiable: “The intergenerational impacts in particular are so hard to gauge, in terms of what the communities are absorbing.”
While these problems can seem intractable, there are solutions, Malin says. For example, the bond amounts companies are required to pay up-front should better reflect the actual cost of cleanup, she says. Last year, Colorado lawmakers made strides to unburden taxpayers in just that way, with an update to Colorado’s old mining law.
The new Colorado law, HB19-1113, makes sure water quality impacts from mining are accounted for and long-term impacts are avoided. The law says that the industry can no longer self bond—a practice that allowed mine operators to demonstrate they had the financial resources to cover clean-up costs rather than providing the resources up front. Without self bonding, taxpayers won’t be left paying for remediation if the company goes bankrupt. It also requires mine operators to factor water quality protection costs into their bond—and requires most to develop a water quality treatment plan. This means that reclamation plans must include a reasonable end date for any needed water quality treatment, hopefully ensuring Colorado will avoid new perpetually polluting mines.
State lawmakers are currently looking at a more encompassing environmental justice bill, HB20-1143, introduced in January 2020. At press time the bill was still under consideration. If it moves forward as introduced, the bill would increase the maximum civil fine for air and water quality violations—from $10,000 per day to $47,357 per day, which would be adjusted annually according to the consumer price index—reallocating some of the financial burden back on polluters. It would also authorize the use of the money in the state’s water quality improvement fund, which is where those water quality violation fines go, to pay for projects addressing impacts to communities. The bill would also bolster the state’s environmental justice efforts, with a new environmental justice advisory board and environmental justice ombudsperson who would run the advisory board and advocate for environmental justice communities.
Speaking up for Tomorrow’s Climate
Environmental justice can’t be about a single issue, says Lizeth Chacón, executive director of the Colorado People’s Alliance, a racial-justice, member-led organization based in Denver and Pueblo. That means looking at water-focused environmental justice alongside related issues such as climate change, racial justice, inequities, poverty, housing, power dynamics, and more.
“When we are talking to our members, we are talking to them about the fact that they are working two jobs and still cannot put dinner on the table in the week, talking that they live in fear of being deported and being separated from their families, talking about the fact that they are sick, or have headaches, or have to spend money on water because they can’t drink the water coming out of their tap like other people can,” she says. “It can’t be seen as one issue … This work has to be holistic.”
Currently, the Colorado People’s Alliance is working on a climate campaign directed by its members in Commerce City. “They said, ‘This is something that’s impacting all of us, regardless of where we’re from, whether we’re undocumented or documented, what our economic status is,’” she says. The Alliance is focused on greenhouse gas emissions, which have immediate health impacts and long-term water effects.
Another approach in northeast Denver is proceeding thanks to an EPA environmental justice grant, in which organizers will convene youth, local leaders, and scientists to create a community science project that leads to a more fishable and swimmable Denver South Platte River. The river flows through Elyria-Swansea and Globeville, but it used to be a dumping ground, with a landfill beside its banks. Clean ups and improved recreational access, much of which has been spearheaded by the nonprofit Greenway Foundation since its founding in 1974, have created opportunities for kayakers downtown, but river access in northeast Denver, beyond the popular Confluence Park, is limited. In addition, E. Coli levels are often high, making swimming inadvisable. Access to a healthy waterway makes communities more vibrant and whole, supporting health, wellbeing, recreation, and cultural and spiritual practices, but also connection. This may be the only recreational water access available to some urbanites.
“Rivers are one of the major pathways to healing the environment and healing ourselves,” said Jorge Figueroa at an initial workshop for this project in December 2019, where they began to establish a youth advisory board. Figueroa runs El Laboratorio, an organization that brings people together from different disciplines and cultures to creatively solve environmental challenges. (He is also on the Water Education Colorado Board of Trustees.) He’s working on this project with Lincoln Hills Cares, a nonprofit that provides outdoor education, recreation and experiences to youth who may not otherwise have these opportunities; and Colorado State University, which is developing a new campus at the National Western Center, called Spur, in the neighborhood. The partners expect to have a plan ready by the end of 2020, and the project should begin in 2021.
Figueroa, who grew up and has family in Puerto Rico, also witnessed, up close, the wave of climate refugees who left his home state after Hurricane Maria devastated it in 2017.
“It’s critical for us to invest in climate-resilient infrastructure and in the reliability of our municipal potable water systems,” Figueroa says. “But from an equity perspective, we need to ensure that the more than a trillion dollars that will be invested in the nation’s public water systems provide the most benefit to the most people.” His suggestion to build climate resiliency in an equitable way: water conservation. “Water conservation can be a supreme water equity tool: It provides cheaper water for the community and more resiliency and reliability for the system. It’s not only an ideal climate change adaptation strategy but also is one of the top, by far, equity water strategies.” When you don’t consider equity in water decisions, you can make vulnerable communities more vulnerable, he says.
Whether working to improve environmental justice structurally and physically through conservation and resiliencies, or politically and financially through new regulations, bonding or taxation, there are many opportunities to do better. But there are also social justice elements to work on. Chacón recommends involving community members at the beginning of a process—not at the end. She says it’s important to listen—and to not dismiss people when they disagree.
Looking forward, it’s up to everyone in positions of power to actively create space for disadvantaged communities to lead, says Chacón. “To us, the people who are closest to the pain are the ones closest to the solution because they know what’s happening in their community best of anyone.”
Some of the principles of engaging communities in these situations are “almost universal,” says Colorado’s Michael Wenstrom, an environmental protection specialist in EPA’s Environmental Justice Program. Wenstrom worked in Flint over the course of a year following the water emergency, “assisting them to connect with processes, in understanding what their rights are, and helping them learn how to raise their voices effectively,” he says.
He says that where communities and families are already overburdened—with poverty, crime, racism—they often don’t have time, expertise or resources to recognize the problems, nevermind address them. “In addition, people in low-income communities may be less inclined to raise their voices for various reasons,” Wenstrom says. Reasons could include racism, job discrimination, or, for some, the fear of being identified as an illegal resident.
He says officials like him who come into communities as outsiders must be careful, persistent, and work to build trust. “As trust builds, we can then start pointing people toward tackling issues related to pollution or public health,” he says. But, Wenstrom cautions, if people don’t believe they can make a difference, they won’t raise their voices in the first place.
Laura Paskus is a reporter in Albuquerque N.M., where her show, “Our Land: New Mexico’s Environmental Past, Present and Future,” airs on New Mexico PBS. Caitlin Coleman is editor of Headwaters magazine.
Adoption of permanent water conservation principles prior to a drought crisis makes sense. We live in a semiarid climate and will have periodic droughts. Long-term planning is always less costly and painful than crisis response.
The new ordinance addresses the frequency and time of watering for those using automatic sprinkler systems.
1. You may operate sprinklers up to three times per week, your choice of days. This is adequate frequency for turf and almost all plants that will do well in our climate.
2. Between May 1 and Oct. 15, sprinkler operation is prohibited from 10 a.m. to 6 p.m. During the warm hours of the day, most water applied will be lost to evaporation. While it might seem to be a good idea to run the sprinklers mid-day when it is very warm, it will actually be less beneficial to the turf than watering at a cooler time of the day.
3. Drip irrigation, watering cans and hose watering with a shut-off nozzle are allowed at any time.
4. If you are establishing a new landscape or have other special circumstances, you can apply to Colorado Springs Utilities for a permit or allocation plan.
5. Broken or leaking sprinkler systems are required to be repaired within 10 days.
6. Water runoff across nonirrigated ground, street or sidewalks is prohibited.
City officials announced last week it received a $2.9 million grant from the Federal Emergency Management Administration for stabilization work along 9,000 feet of Cottonwood Creek, Biolchini said. The city plans to match the grant with $993,924 from funds intended to improve its stormwater management.
The work will also keep thousands of cubic yards of sediment from washing into Fountain Creek and flowing south to Pueblo, Biolchini said. The project is among 71 Colorado Springs must complete as part of an agreement with Pueblo County to better control the volume and quality of water flowing south in Fountain Creek…
Colorado Springs officials expect to spend $16 million in 2020 on stormwater improvements using fees paid by homeowners and nonresidential property owners, according to the city’s website. Officials must spend $100 million on stormwater projects, operations and maintenance from 2016 through 2020 to comply with the Pueblo agreement. Projects are on track to hit that goal, Biolchini said. The five-year benchmark is part of the requirement to spend $460 million over 20 years on stormwater improvement.
Construction to help prevent erosion of Cottonwood Creek is expected to be designed this year and completed in 2021, he said.
The construction will likely include reshaping the banks so they have gradual slopes and burying hardened structures to keep the creek from changing course, he said.
…there’s a risk that [Robin Andrews] and other people with illnesses linked to the chemicals could end up with no compensation for their health problems. That’s because a major manufacturer, DuPont, recently unloaded its PFAS obligations to smaller companies that do not have the money to pay for them.
For decades, DuPont manufactured PFAS-type chemicals in a plant close to Andrews’ home in this tiny South Jersey town on marshy land near the Delaware River. Her grandfather and father both worked at the sprawling plant, known as the Chambers Works, which covers 1,400 acres of riverbank in the shadow of the bridge to Delaware.
In 2017, after she developed unexplained high liver enzymes, her well water tested positive for PFAS; she now runs it through a large filtration system in her basement and has it monitored every three months.
DuPont “could have been a great company and a very good thing for this area had they chosen to take care of people and to be responsible with the way they disposed of these toxins,” Andrews told NBC News. “But they weren’t. I believe it was an economic decision to put people at risk.”
Jeff Tittel, senior chapter director of the New Jersey Sierra Club, has watched DuPont’s moves with concern. “They are setting up other companies to take the fall on liabilities that won’t have enough money, so even if people win lawsuits, they will get nothing or very little,” he said.
On Wednesday, the EPA disclosed it “has multiple criminal investigations underway concerning PFAS-related pollution.” The agency did not identify the entities being investigated and it could not be determined if DuPont is one of them.
Daniel Turner, reputation and media relations manager for DuPont, said the company had not received an information request from the EPA related to a criminal investigation…
In 2015, as problems associated with PFAS were becoming clearer, DuPont began a series of complex transactions that transformed the company’s structure. As a result of the transactions, responsibility for environmental obligations associated with the chemicals shifted onto other entities.
The first shift by DuPont occurred in 2015, when it assigned the great majority of liabilities associated with PFAS to The Chemours Company, a new entity containing DuPont’s chemicals business that was spun off to its shareholders…
In a statement provided to NBC News, DuPont spokesman Turner denied that the Chemours spin-off was an attempt to evade environmental and legal liabilities associated with PFAS. “The reason for the spin-off,” Turner said, was that DuPont “was seeking to transform itself into a higher growth, higher value company” and “saw more growth opportunities in its other businesses.”
A second spin-off was Corteva Inc., in 2019, an agriculture science company that holds other legacy DuPont operations and some PFAS liabilities.
The third transaction occurred last June when so-called new DuPont was created. Formerly known as DowDupont, its businesses include electronics, transportation and construction. Because of the two other spin-offs, new DuPont is two steps removed from PFAS obligations…
Chemours, with primary responsibility for the estimated tens of billions of dollars in PFAS obligations, does not have anywhere near the money or assets to cover them. Chemours’ net worth — its assets minus liabilities — stood at just $695 million as of Dec. 31, 2019.
If Chemours becomes insolvent, Corteva Inc. will be responsible, corporate filings show. Corteva does not have the funds to cover tens of billions in estimated PFAS costs either. Turner declined to say whether PFAS responsibilities would ultimately revert to DuPont if Chemours and Corteva are unable to pay them. A lawyer for Chemours declined to comment.
Corporate spin-offs like DuPont’s that transfer liabilities associated with problematic businesses are becoming more common, analysts say, especially in the energy and chemical fields.
“You’re seeing it again and again,” said Clark Williams-Derry, an analyst with the Institute for Energy Economics and Financial Analysis. “Spinning off your legacy liabilities into a separate corporation and to some other responsible party appears to be part of the standard playbook in these industries.”
DuPont is not the only PFAS manufacturer under scrutiny. Another is 3M, headquartered in Minneapolis. Both companies stopped making PFAS over a decade ago. 3M is fighting the suits and says it is cooperating with government investigators.
DuPont and 3M both face lawsuits over problems allegedly linked to PFAS. But DuPont’s shift of its PFAS liabilities to Chemours has drawn its own raft of litigation. In a complaint filed last year against DuPont by Chemours, it contended that the 2015 deal was fraudulent. DuPont knew and intentionally hid the scope of the liabilities when it dumped them into Chemours, the company alleged.
In response, DuPont says Chemours executives were well aware of the PFAS problems at the time of the spin-off and could not have been duped. Next up is the judge’s ruling on oral arguments in the case…
Legal filings allege DuPont knew for decades that PFAS posed a threat to humans…
In early PFAS cases, lawyers for plaintiffs found internal, undisclosed DuPont documents showing toxicity in PFAS. While the company has acknowledged the findings in court filings, it argued that they were either inconclusive or applicable only to employees working with the chemicals, not to people drinking tap water near DuPont facilities.
The New Jersey lawsuit alleges that DuPont began to recognize toxicity in the most common PFAS chemical in the 1960s but did not tell the state or local communities about the problem.
DuPont has not answered the New Jersey complaint but in previous lawsuits, DuPont has denied that it hid PFAS risks. DuPont spokesman Turner declined to say how long DuPont knew about the toxicity of PFAS, but said the company has provided extensive information over the years to the EPA about potential harm related to the chemicals.
The New Jersey suit also says DuPont hid the results of a 1981 blood sampling study of pregnant employees who worked with the chemicals that found one-quarter had children with birth defects…
The potential that shareholders will take on undervalued liabilities is greater in spin-offs, merger experts say. That’s because the kind of in-depth due diligence that a third-party buyer would do to to determine possible liabilities is not typically done by new owners in a spin-off. Those owners are essentially trusting the parent company to be forthcoming about the obligations.
Had DuPont instead sold its legacy chemicals businesses to another company, the buyer would have dug into the obligations associated with its PFAS production prior to the purchase. Any resulting deal would take those potential liabilities into account, resulting in either a lower sale price, an insurance policy or a right by the buyer to recover costs from DuPont later.
Because DuPont’s existing shareholders took on the liabilities in the Chemours and Corteva spin-offs, that detailed assessment was not done. The Chemours lawsuit alleges that DuPont pursued the spin-off so it “could control the transaction structure and economics” after concluding that “no rational buyer” would accept the liabilities associated with PFAS.
DuPont spokesman Turner disputed this, saying that multiple firms submitted proposals to acquire Chemours before the spin-off. He declined to provide specifics about those companies, however, or their bids.
Back in 2015, when DuPont was preparing to spin off Chemours, the parent company made insufficient disclosures about the environmental liabilities to be shouldered by the new shareholders, the Securities and Exchange Commission found. The company had to provide more details, regulatory filings show.
One Year After EPA Pledged to Act on PFAS Exposure, Key Parts of the Strategy Have Yet to Be Implemented
Today, Colorado U.S. Senator Michael Bennet joined a group of senators in a letter to Environmental Protection Agency (EPA) Administrator Andrew Wheeler requesting he provide an updated timeline for when the EPA will implement commitments made in the agency’s plan to combat exposure to per- and polyfluoroalkyl substances (PFAS). The EPA released its PFAS Action Plan one year ago today and has yet to implement many of the commitments outlined in the strategy. Bennet, who raised concerns about flaws in the EPA’s initial plan, is an author of the PFAS Action Plan of 2019 and has long worked to address contamination issues across Colorado.
“As you are aware, communities across the country are struggling to respond to the widespread issue of PFAS contamination. The human health risks from this class of chemicals, which include birth defects, various forms of cancer, and immune system dysfunction, are still being examined, and the uncertainty has caused great concern among our constituents,” wrote Bennet and the senators in the letter.
The lawmakers went on to underscore that the PFAS Action Plan alone is insufficient to address the full scope and urgency of the problems associated with PFAS exposure, which is why failure to take an initial step to implement this plan is particularly concerning. They also highlighted that the EPA committed to establish federal drinking water standards last year for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most prevalent PFAS chemicals, but have also failed to follow through on that pledge.
In their letter, the senators also addressed other parts of the plan that have not been prioritized, including important remediation efforts to help expedite cleanup of PFAS contamination under the EPA Superfund law.
“Yet, despite then-Administrator Scott Pruitt committing the EPA to designating these materials [PFOA and PFOS] as hazardous substances in May 2018, the EPA has not even sent a proposal to the Office of Management & Budget for interagency review, let alone published it for public comment,” wrote Bennet and his colleagues.
The senators closed their letter with a request that the EPA provide an update on the status of every commitment made in the PFAS Action Plan, as well as an update on the timeline for executing the priorities included in the strategy.
Bennet has long worked to address the health effects, cleanup, and reimbursement issues associated with PFAS, chemicals used in firefighting foams that have contaminated drinking water sources near military bases across the country, including at Peterson Air Force Base (AFB) in Colorado Springs.
Bennet pushed for a nationwide study on the health effects of PFAS and for additional funding for remediation and clean up.
Bennet secured $10 million for the nationwide Centers for Disease Control and Prevention (CDC) study in the 2018 omnibus package.
Bennet secured an additional $44 million in funding for Air Force environmental restoration and remediation in the 2018 omnibus package. A significant amount of that funding was used for remediation around Peterson AFB in Colorado.
Bennet supported a provision in the Fiscal Year 2018 National Defense Authorization Act (NDAA) that required a plan on how the Department of Defense might reimburse state or municipal agencies that expended funds to provide alternative water supplies.
Bennet wrote to the CDC to ask that the nationwide study include communities in Colorado near Peterson AFB.
Bennet visited communities around Peterson AFB to receive an update on remediation efforts. There, Bennet also received an update on the challenges water districts are having receiving reimbursement for steps they took to clean up drinking water.
Bennet demanded the Trump Administration (CDC and the Agency for Toxic Substances and Disease Registry (ATSDR)) release the results of a study regarding what levels of certain chemicals are safe in drinking water. According to news reports at the time, the EPA had been working to block the release of results from a Department of Health and Human Services (HHS) study on the toxicity of certain PFAS.
Bennet passed an amendment to provide funding for the Department of Defense to reimburse state and municipal water authorities for actions they took to clean up and mitigate PFAS in drinking water. The amendment was included in the Department of Defense-Labor-Health and Human Services-Education Appropriations bill, which passed the Senate in 2018. The provision was not included in the final version of the bill that was signed into law.
Bennet wrote to the CDC/ATSDR to voice disappointment that the CDC will not include military and civilian firefighters in its investigations of the human health effects of PFAS contamination pursuant to Section 316 of the FY19 NDAA.
Bennet and his colleagues introduced the PFAS Action Plan of 2019, legislation that would mandate the EPA, within one year of enactment, declare PFAS as hazardous substances eligible for cleanup funds under the EPA Superfund law, and enable a requirement that polluters undertake or pay for remediation.
Bennet introduced an amendment to the NDAA to authorize the U.S. Air Force to reimburse local water districts, like those around Peterson AFB, for actions they took to treat and mitigate PFAS contamination.
Following Bennet’s 2018 letter calling on the CDC to include Colorado communities near Peterson AFB in the nationwide study on the health effects of PFAS, Bennet praised the agency’s decision to include these communities.
More than 12,000 El Paso County water users have been impacted by the chemical, which tainted the Widefield aquifer.
In 2016 the EPA lowered its health advisory levels for the compounds, vastly expanding the number of southern El Paso County residents considered at risk for exposure. A subsequent study tied the contamination to the decades-long use of a firefighting foam at Peterson Air Force Base.
Water districts in the towns of Security, Widefield and Fountain have either tied into uncontaminated water from Colorado Springs Utilities, or installed filtering systems to eliminate the chemicals.
In the letter, the senators say they believe the agency has not acted quickly enough to make water safe…
The lawmakers are asking for the EPA to prioritize the establishment of a maximum contamination level for drinking water and to allow cost-recovery for cleanup by labeling PFAS as hazardous substances.