CDPHE and @EPA hope the Lower Ark is allowed to join their lawsuit

Report: Remediation Scenarios for Attenuating Peak Flows and Reducing Sediment Transport in Fountain Creek, Colorado, 2013
Report: Remediation Scenarios for Attenuating Peak Flows and Reducing Sediment Transport in Fountain Creek, Colorado, 2013

From The Pueblo Chieftain (Robert Voczkiewicz):

The state and federal agencies told a judge Thursday that they support the Lower Arkansas Valley Water Conservancy District’s request to have a courtroom voice in a clean-water lawsuit against Colorado Springs.

The Colorado Department of Public Health and Environment and the U.S. Environmental Protection Agency are suing the city, which discharges pollutants into Fountain Creek and other tributaries.

The Lower Ark district wants to join the case as an intervenor to protect the district’s interest during the litigation…

Senior Judge Richard Matsch is presiding over the case in U.S. District Court in Denver and will decide whether to grant Lower Ark’s request.

The EPA and the state health-environment department filed the lawsuit Nov. 9. It alleges that Colorado Springs’ storm sewer system is violating federal and state clean water laws.

The city denies it is violating the laws. Mayor John Suthers recently pointed to additional expenditures the city is making as an example of its commitment to correct storm water problems.

The storm water contains pollutants, including E. coli, that flow into the river from creek tributaries.

The district encompasses Bent, Crowley, Otero, Prowers and Pueblo counties, where considerable produce, including Rocky Ford melons, are grown.

In Thursday’s court filing reviewed by The Pueblo Chieftain, the EPA and the department told Matsch they agree with Lower Ark that it should have a voice in court because the district wants the river water to have adequate quality.

To achieve that, the agencies and the district want Colorado Springs to reduce the amount of polluted discharges.

The environmental agencies contend Colorado Springs mischaracterizes the lawsuit as being focused on past issues, but it in fact “seeks to remedy current and ongoing violations.”

The environmental agencies disagree with Colorado Springs’ arguments that the district has no legal right to become an intervenor and that intervention will unduly complicate the litigation.

The lawsuit seeks a court order requiring the city “to develop, implement and enforce” its stormwater management program, as required by permits the government has issued. The lawsuit goes on to ask a judge to impose monetary penalties on Colorado Springs for the violations.

Colorado Springs denies Fountain Creek pollution in first salvo against @EPA, CDPHE

Fountain Creek
Fountain Creek

From The Pueblo Chieftain (Robert Boczkiewicz):

The city of Colorado Springs, in response to a lawsuit that seeks court action against the city for discharging pollutants into tributaries of the Arkansas River, denies it is violating clean water laws.

The city’s denial is its first response in court to a lawsuit that claims discharges of pollutants into Fountain Creek and other tributaries violate the laws. The discharges are from Colorado Springs’ stormwater system.

“The City has complied with the law,” states the response filed Monday in U.S. District Court in Denver.

The lawsuit was filed Nov. 9 against Colorado Springs by the U.S. Environmental Protection Agency and the Colorado Department of Health and Environment.

The lawsuit seeks a court order requiring the city “to develop, implement, and enforce” its stormwater management program as specified in permits the government has issued in past years.

Colorado Springs asserted in Monday’s filing that it “has at all times been in compliance” with permits issued by the state agency to govern the discharges and the stormwater system.

The city contends it should not be subjected to court orders or monetary penalties that the environmental agencies want a judge to impose.

Colorado Springs also contends that allegations in the lawsuit misrepresent the facts of issues in dispute.

Stormwater improvement projects in Greeley’s Sunrise Neighborhood near completion — Greeley Tribune

Greeley in 1870 via Denver Public Library http://photoswest.org/cgi-bin/imager?10009071+X-9071
Greeley in 1870 via Denver Public Library http://photoswest.org/cgi-bin/imager?10009071+X-9071

From the City of Greeley via the The Greeley Tribune:

In 2016, the city of Greeley worked on several drainage improvement projects in the Sunrise Neighborhood.

A study was done to define and prioritize the drainage solutions for the neighborhood, and it found many of the existing storm sewers in the neighborhood were over 100-years-old, narrow, damaged or failing. Through a series of projects, the city has replaced many of the damaged pipes to improve drainage and reduce flood potential to properties and public areas, according to a news release.

Stormwater staff held public meetings, and visited ABC East Child Development Center in the neighborhood to teach children what was happening with the construction in their neighborhood and had all of the kids decorate and sign some of the stormwater pipes that were installed underground.

In 2017, Stormwater work will resume in the area along 9th Street and 6th Avenue to further improve the drainage system in the neighborhood.

Go to http://OperationRainDrain.com to keep informed about this and other projects to improve drainage and reduce flooding issues.

‘As the Poudre Flows — Forest to Plains’ theme of Poudre River Forum

Scott Hummer, general manager of North Poudre Irrigation Company, talks about how his agency worked with Fort Collins Natural Areas and Colorado Parks and Wildlife to include a fish passage when the irrigation company replaced a diversion structure on the Poudre River that was destroyed by the 2013 floods. Work was completed [in February 2016]. (Pamela Johnson / Loveland Reporter-Herald)
Scott Hummer, general manager of North Poudre Irrigation Company, talks about how his agency worked with Fort Collins Natural Areas and Colorado Parks and Wildlife to include a fish passage when the irrigation company replaced a diversion structure on the Poudre River that was destroyed by the 2013 floods. Work was completed [in February 2016]. (Pamela Johnson / Loveland Reporter-Herald)

Here’s the release from Colorado State University (Jim Beers):

The Cache la Poudre River, which flows from the mountains through Fort Collins, Timnath and Windsor to the plains east of Greeley, is at the heart of countless activities: from irrigating crops and lawns to providing drinking water for more than 365,000 people and hosting numerous recreational activities.

Those with connections to and concerns for the Poudre River will gather on Friday, Feb. 3 for the fourth annual Poudre River Forum. After its first three years at Larimer County Fairgrounds, the forum is moving down the river to Greeley as a reminder that the Poudre River is important to all who benefit from it — from its headwaters to its confluence with the South Platte. This year’s forum — the theme is “As the Poudre Flows — Forest to Plains” — will be held from 8:30 a.m.-4:30 p.m. at the Island Grove Events Center, 501 N. 14th Ave., Greeley. Pre-registration is required for all participants.

Understanding the river, each other

Sponsored by the Poudre Runs Through It Study/Action Work Group, the forum serves as a community-wide gathering of people from agricultural, municipal, business, recreational and environmental backgrounds to learn about and discuss issues related to the Poudre River.

“The Poudre River Forum brings together those who use the river for agricultural and urban diversions and those who work to improve its ecological health. In the past those groups have not necessarily seen eye to eye,” said MaryLou Smith, PRTI facilitator. “Increasingly our participants are open to the idea that it takes collective vision and action to make the Poudre the world’s best example of a healthy, working river.”

Once again, this year’s event will be facilitated by the Colorado Water Institute at Colorado State University. “The Forum is a great opportunity for the communities connected by the Poudre River to come together to better understand the entire watershed, and each other,” said Reagan Waskom, director of CWI.

Forests and water quality/quantity

Laurie Huckaby with the U.S. Forest Service, will present “The last 1,000 years in the Poudre according to the trees,” to kick off the topic of how important the upper watershed is to water quantity and quality.

“Water quality and forests are inextricably linked,” said Joe Duda of the Colorado State Forest Service, who will join Huckaby as one of the presenters. “Forest conditions and insects, disease and fire all can have profound impacts on water flow and quality. Only healthy, resilient forests can continuously supply clean water.”

Global lessons for local success

“Finding the Balance: Managing Water for People and Nature” is the message of keynote speaker Brian Richter. Richter has been a global leader in water science and conservation for more than 25 years, and currently serves as chief scientist for the Global Water Program of The Nature Conservancy in Washington D.C. Richter’s ideas about the importance of recognizing the balance of working river/healthy river are the basis for which PRTI was initially formed. He has consulted on more than 120 water projects worldwide, and has served as a water advisor to some of the world’s largest corporations, investment banks, the United Nations, and has testified before Congress on multiple occasions. Richter co-authored,with Sandra Postel, the 2003 book Rivers for Life: Managing Water for People and Nature and in 2014 wrote Chasing Water: A Guide for Moving from Scarcity to Sustainability.

Change affects all sectors

An afternoon panel session will probe the impacts of change — positive and negative — along the Poudre River and how they have been similarly and differently addressed by agriculture, urban, and environmental sectors. They will discuss what anticipated future changes might these three sectors see as opportunities or incentives for mutually beneficial collaboration that could result in a healthier, working river?

“It has been said that the only thing that is constant is change,” said John Bartholow, retired ecologist from U.S. Geological Survey, and panel coordinator/moderator. “The question is, can we learn to adapt to those changes sure to come on the Poudre in ways that benefit agriculture, municipalities, and the environment?”

The panel will include Eric Reckentine, deputy director, City of Greeley Water and Sewer; John Sanderson, director of science, Nature Conservancy of Colorado; and Dale Trowbridge, general manager, New Cache la Poudre Irrigating Company.

Videos, displays and music too

The day-long forum also includes “River Snapshots” highlighting more than 15 projects undertaken by a variety of groups on the Poudre last year; “My How the Poudre Has Changed,” featuring historical 1970’s footage of the Poudre; updates from both the cities of Greeley and Fort Collins on current water programs; and over two dozen river-focused displays from community organizations and agencies. The day concludes with a social hour including food, beer and other beverages, and river-themed door prizes.

Registration is $50 and includes lunch. Scholarships for students and reduced rates are available. The deadline to register is Friday, Jan. 27 at http://prti.colostate.edu/forum_2017.shtml.

For more information, contact event coordinator Gailmarie Kimmel at PoudreRiverForum@gmail.com or 970-692-1443.

Dredging of Fountain Creek will improve flood carrying capacity — The Pueblo Chieftain

Fountain Creek swollen by stormwater November 2011 via The Pueblo Chieftain
Fountain Creek swollen by stormwater November 2011 via The Pueblo Chieftain

From The Pueblo Chieftain (Jon Pompia):

The Pueblo Levee Dredging and Maintenance Project, which will run through April, is being undertaken to improve the flood carrying capacity of Fountain Creek from the confluence with the Arkansas River upstream to the East Eighth Street bridge.

The work also will see the removal of undesirable vegetation on the east levee embankment (stream side only), on the east bank of the creek and on a portion of the west bank of the creek.

The work is being handled by Sun Construction, which has contracted with the Fountain Creek Watershed, Flood Control and Greenway District.

After the dredging of the creek, the bed material will be hauled by trucks to disposal sites. The work also will include the demolition of two of the abandoned railroad bridge piers.

Truck and equipment access to the creek will be from two staging areas on city property — one at the location off South Joplin Avenue near the abandoned railroad bridge and the second at the west end of East 11th Street.

During the project, the contractor will manage vehicle traffic interactions on public streets and with traffic on the river trail adjacent to the levee. Currently, the bike trail on the east side of the river is closed.

Removal of vegetation on the east and west banks will be limited to non-native, “invasive species” and will not include desirable species such as willows and cottonwoods.

Removed vegetation on the east levee and invasive species will be treated with a herbicide to hinder regrowth.

The removal of vegetation is expected to occur between April and August.

The city will benefit from the delivery of about 55,000 cubic yards of material that will be trucked to sites near Lake Minnequa and near Plaza Verde Park.

While the dredging and demolition will continue through April, the operation will be suspended during the period of higher creek flows — until approximately August and concluding by the end of December.

Colorado Springs hopes to prevent Lower Ark joining EPA and CDPHE lawsuit

Fountain Creek flood debris May 2014 via The Pueblo Chieftain
Fountain Creek flood debris May 2014 via The Pueblo Chieftain

From The Pueblo Chieftain (Jon Pompia):

Colorado Springs is opposing an Arkansas River water district’s request to join a lawsuit that seeks to stop the city from discharging pollutants into Fountain Creek and other tributaries of the river.

The Lower Arkansas Valley Water Conservancy District wants a voice against Colorado Springs by being allowed to take part in the litigation.

The U.S. Environmental Protection Agency and the Colorado Department of Health jointly filed the lawsuit Nov. 9 in U.S. District Court in Denver against Colorado Springs. The lawsuit claims that the city’s discharges of polluted stormwater into the tributaries violate state and federal clean water laws.

The lawsuit seeks a court order requiring Colorado Springs “to take all steps necessary to redress or mitigate the impact of its violations.”

The lawsuit also seeks a court order to require the city “to develop, implement and enforce” its stormwater management program, as required by permits the government has issued. The lawsuit goes on to ask a judge to impose monetary penalties on Colorado Springs for the violations.

Water runoff from streets, parking lots and other surfaces picks up pollutants that drain into the stormwater sewage system, which discharges it into the creeks.

Pollutants include accumulated debris, chemicals and sediment. They “can adversely affect water quality, erode stream banks, destroy needed habitat for fish and other aquatic life, and make it more difficult and expensive for downstream users to effectively use the water,” the lawsuit states

The water district on Dec. 9 asked Senior Judge Richard Matsch for permission to become an intervenor to protect the district’s interests to have clean and usable water from the river.

The city on Dec. 22 filed arguments opposing the district’s request. The city contends that the district has no legal right to intervene.

The district — as well as Pueblo officials — has long been a critic of Colorado Springs for sending polluted and sediment-filled stormwater, including dangerous E. coli bacteria, into the river and for not controlling flooding the water causes.

The district encompasses Bent, Crowley, Otero, Prowers and Pueblo counties, where considerable produce, including Rocky Ford melons, are grown.

Colorado Springs officials have negotiated a deal with Pueblo County for the city to spend $460 million over 20 years on Fountain Creek flood control.

The Gazette newspaper in Colorado Springs reported last Friday that Mayor John Suthers cited that commitment as an example of how his administration is working to resolve the complaints of its downstream neighbors.

In its court filing opposing allowing the district to become a participant in the litigation, the city said the case will be greatly complicated and costs of litigating it will increase. The city also said that the EPA and state environment department will adequately represent the district’s interests.

Attorney Peter Nichols, representing the district, sees it differently, according to The Gazette: “The question is whether the city is already putting a lot of political pressure on the state and EPA to back off. The district is concerned they might be successful with that pressure, and water quality wouldn’t be improved in Fountain Creek,” Nichols said.

The newspaper reported that district Executive Director Jay Winner said Colorado Springs repeatedly had broken promises about the stormwater problems.

Colorado Springs hopes to keep the Lower Ark out of its legal wrangling with the EPA and CDPHE

The Fountain Creek Watershed is located along the central front range of Colorado. It is a 927-square mile watershed that drains south into the Arkansas River at Pueblo. The watershed is bordered by the Palmer Divide to the north, Pikes Peak to the west, and a minor divide 20 miles east of Colorado Springs. Map via the Fountain Creek Watershed Flood Control and Greenway District.
The Fountain Creek Watershed is located along the central front range of Colorado. It is a 927-square mile watershed that drains south into the Arkansas River at Pueblo. The watershed is bordered by the Palmer Divide to the north, Pikes Peak to the west, and a minor divide 20 miles east of Colorado Springs. Map via the Fountain Creek Watershed Flood Control and Greenway District.

From The Colorado Springs Gazette (Billie Stanton Anleu):

Colorado Springs filed arguments last week to keep an Arkansas River water district from joining the federal and state lawsuit that’s demanding cures to city stormwater violations.

But with Rocky Ford melons and other crops at stake, the water district plans to fire back by the Thursday deadline with counterarguments to the U.S. District Court in Denver.

Fountain Creek flows through Colorado Springs and into the Arkansas, bringing excess sedimentation, E. coli contamination and other pollution, the Lower Arkansas Valley Water Conservancy District claims.

The lawsuit it wants to join was filed last month by the U.S. Department of Justice on behalf of the Environmental Protection Agency and by the Colorado Department of Public Health and Environment.

The EPA and Department of Justice negotiated with the city unsuccessfully over the past year to resolve the violations cited in EPA audits in 2013 and in August 2015, two months after Mayor John Suthers took office.

Suthers has made the issue a priority, crafting an agreement with Pueblo County to provide $460 million worth of stormwater projects by 2035, beefing up the city’s stormwater division with a new manager and added engineers and inspectors, and releasing an inch-thick Stormwater Program Implementation Plan on Nov. 2.

The EPA and state nonetheless filed suit one week later, on Nov. 9.

“From my perspective, they’re dwelling in the past,” Suthers said. “We feel very strongly the EPA and state health need to get down to El Paso County and see how many problems we’ve already fixed.”

The Lower Ark, as the district is known, had given notice in November 2014, that it would sue the city for violating its MS4 permit, which allows for the municipal separate storm sewer system.

That’s what the EPA and state now are suing over as well.

“We were precluded from filing our own lawsuit because our claims were essentially the same,” said Peter Nichols, lawyer for the Lower Ark.

“The question is whether the city is already putting a lot of political pressure on the state and EPA to back off. The district is concerned they might be successful with that pressure, and water quality wouldn’t be improved in Fountain Creek,” Nichols said.

The Lower Ark – which represents Bent, Crowley, Otero, Prowers and Pueblo counties – has seen Colorado Springs break stormwater promises repeatedly, said district Executive Director Jay Winner.

The city was collecting about $15 million a year through its Stormwater Enterprise Fund until voters passed ballot Issue 300 in 2009, restricting city enterprise funds. Days later, the City Council voted to phase out the fund by 2011.

Then the Waldo Canyon fire erupted in 2012, creating a burn scar that spawned widespread flooding in 2013, exacerbating problems with Fountain Creek, Monument Creek and other tributaries while spewing sediment and floodwaters downstream.

That year, the EPA audited the city’s stormwater system Feb. 4-7.

Between 2011 and 2014, the city spent $1.6 million a year average on stormwater and had nine full-time employees in that division. Degradation, widening and erosion of streambeds, combined with surface runoff, led to sedimentation and substandard water quality, the EPA and state say.

The next EPA audit, conducted on 14 sections of the city’s system Aug. 18-19, 2015, found “continuous failure” to meet standards or remediate problems highlighted in 2013.