Subdistrict remedies stream depletions — the Valley Courier

October 21, 2014
San Luis Valley Groundwater

San Luis Valley Groundwater

From the Valley Courier (Rob Phillips):

This is the 15th article in the series from the Rio Grande Basin Roundtable, regarding the formation and implementation of the Basin Water Plan. The primary goal of Subdistrict No. 1 is to remedy injurious depletions to senior surface water rights and keep those water users whole.

The Subdistrict has several methods to do this. First, the subdistrict has purchased and leased water, both native to the Rio Grande Basin and water imported from the West slope. This water is stored and released as directed by the Division Engineer to replace stream depletion replacement within stream reaches of the Rio Grande as they occur. By doing this, the river itself is kept whole with wet water replacing the depletions in time, location and amount.

The subdistrict can also use what are known as forbearance agreements. Colorado law allows the subdistrict to remedy injurious depletions by a means other than supplying wet water. The subdistrict can do this by agreeing with a ditch that, rather than replace depletions with water, the subdistrict will pay the ditch some amount of money for each acre-foot of water the ditch does not receive because of depletions caused by subdistrict wells.

Each day the Division Engineer tells the subdistrict which ditch is “on the bubble,” that is the most junior ditch that is in priority that day and that is not receiving its full water supply under that priority. The subdistrict then looks at the Annual Replacement Plan to see the depletions caused by subdistrict wells on that day, water that the ditch on the bubble would have received. The subdistrict keeps track of the total amount of water due to each ditch that has a forbearance agreement and pays them at the end of the year. The ditch can then do what it wants with the money, for example upgrading the ditch or simply dividing it up among the ditch users. Forbearance agreements allow ditches and water users to remain whole, while not locking up scarce water resources. So far, the subdistrict and the forbearing ditches are very happy with this arrangement and look forward to continuing working together to reach the best solution for everyone. How the subdistrict is working towards aquifer sustainability

Throughout the recent drought, the aquifer has been shrinking as producers pump more water than is recharged back to the aquifer. The other primary goal of Subdistrict No. 1 is to recover and sustain the Unconfined Aquifer below the subdistrict to the level that existed in the early 1980s. The primary way the subdistrict plans to do this is by reducing the amount of irrigated acres within the subdistrict, which will reduce the amount of pumping from the aquifer. This concept is built into the Subdistrict’s Plan and requires 20,000 acres be retired by the fifth year from judicial approval of the plan, 30,000 acres less by the end of the seventh year, and up to 40,000 acres less by the end of the tenth year all from a base year of 2000.

One tool the subdistrict has to meet these goals is financial incentives and participation in the federal Conservation Reserve Enhancement Program (CREP) to retire up to 40,000 irrigated acres. Currently, 1,970 acres were enrolled in the program in 2013 while another 1,370 acres are currently proposed in 2014. However it is not just CREP acres that count towards the 40,000-acre goal, any program or change that retires acres reduces pumping and assists in achieving and maintaining sustainability . But remember, the subdistrict can only provide incentives, it does not have the power to require wells stop pumping.

Conclusion

The producers of the closed basin area within the San Luis Valley stepped forward when no one else did and created a subdistrict and imposed fees on themselves to replace their wells’ depletions and work to recover and sustain the unconfined aquifer. They did this not because rules or regulations were in place requiring this action, but because they believed these things had to be done.

The process has never been easy and the debate about the best way to achieve the subdistrict’s goals continues. But the subdistrict, led by its board of managers, has continuously worked towards those goals and they remain the leaders in the Valley for replacing depletions and working towards sustainability . Currently, other proposed subdistricts within different hydrological areas of the San Luis Valley are going through the same processes in an attempt to have their plan up and running before the state engineer’s ground water rules are approved within the Rio Grande Basin.

These forming subdistricts have watched and learned from Subdistrict No. 1’s struggles and accomplishments . Those other subdistricts will provide the same protection to their wells, a locally based and operated group that provides an alternative to state administration of ground water withdrawals in Division 3 while protecting senior surface water rights and providing for a long-term , sustainable ground water system.

The Plan of Water Management, Annual Replacement Plans and other information on the subdistrict and the aquifers are available on the Rio Grande Water Conservation District’s website: http:// http://www.rgwcd.org/page9.html

Meanwhile Sub-district No. 2 is gearing up for operations according to this report from Lauren Krizansky writing for the Valley Courier:

Well owners residing in the Valley’s second sub-district are ready to push forward with a petition after months of voluntary work.

Rio Grande Water Conservation District (RGWCD) Program Manager Cleave Simpson updated the Alamosa County Commissioners (ACC) Wednesday morning on the latest happenings regarding the creation of the next sub-district , which sits in both Alamosa and Rio Grande Counties.

Sub-district No. 2, also known as the Rio Grande Alluvial Sub-district , is comprised entirely of unconfined wells, and is taking on a different form than Sub-District No. 1, he said. The zone is much smaller, only 300 wells compared to 1,000, participation is voluntary and there is no “sustainability requirement” because the wells do not tap into the confined aquifer.

“We are not drawing a boundary,” Simpson said. “We will go to each individual landowner… There are not the same benchmarks to meet.”

Out of the second sub-district’s 300 wells, 152 average more than 10 acre-feet a year, making them subject to the state’s demand to either join a sub-district or to develop an augmentation plan. There are 10 non-private wells in the mix and 60 private well owners.

“It will be a patchwork of parcels,” Simpson said.

Out of those well owners, he said between 12 and 15 have regularly participated in the workgroups over the past few months, and they represent more or less half the wells in the second subdistrict .

In addition, the City of Monte Vista, the Town of Del Norte, Homelake, Colorado Parks and Wildlife and two school districts are in the zone, but will not join the second sub-district because government entities cannot legally be assessed.

They will be held, however, to the same standards, he said, and have the option to contract with Sub-district No. 2, which would include them in its Annual Replacement Plan.

Although assessment methods and fees to replace depletions are still to be determined, he said Subdistrict No. 2 is ready to petition for legitimacy.

“They are ready to go to the public,” Simpson said. “They are ready to start these discussions.”

It depends on where the state is with its pending water rules and regulations in coming months, he said, but the second sub-district hopes to submit its petition to the district court in January 2015.

“The (water) model and rules and regulations are not final ,” Simpson said. “That could cause a delay.”

Once Sub-district No. 2 is established, he said a board of managers (BOM) will be appointed via a court-approved process.

If there is no opposition to the to the second subdistrict’s formation, he said the BOM’s first task will be to draft a management plan, and, if it is also goes unchallenged , fees assessments will begin in late 2015 with collection notices delivered to Sub-district No. 2 participants in conjunction with their January 2016 county issued tax documents.

Due to its uniqueness, he said the second sub-district has options when it comes to mitigating its groundwater depletions.

“There could be some reduction in irrigated agriculture,” Simpson said, “but we might see changes in technologies, crops requiring less consumption and increases in (water) efficiency.”

He added the value of the zone’s water could also increase, but that is also to be determined.

Sub-district No. 1 has resulted in increased values, in some cases almost double, and is drawing interest from buyers from outside of the Valley. The Rio Grande Alluvial Sub-district is the second out of six identified in the Valley to come to fruition under the watch of the RGWCD. Alamosa County will eventually have three within its borders. In addition to Subdistricts No. 1 and No. 2, the fourth sub-district will also fall within its jurisdiction, but it is still in an infant stage.

“It’s good to see the well owners come together,” said Alamosa County Chair Michael Yohn. “Everyone has to be accountable for their water use.”

More San Luis Valley groundwater coverage here.


Lake Pueblo State Park: Proposed new pumping rules to be discussed November 17 #ArkansasRiver

October 17, 2014

Arkansas River Basin -- Graphic via the Colorado Geological Survey

Arkansas River Basin — Graphic via the Colorado Geological Survey


From The Pueblo Chieftain (Chris Woodka):

Groundwater rules that could help certain farmers avoid some of the cost of water court applications are being considered for the Arkansas River basin.

“We’re not necessarily committed to this idea, but it may have benefits,” Water Division 2 Engineer Steve Witte told the Southeastern Colorado Water Conservancy District board Thursday. “The public needs to weigh in.”

The first chance to do that will be at a meeting at 1 p.m. Nov. 13 at the Lake Pueblo State Park visitors center auditorium.

The rules would apply to water replacement plans for post-1985 pumping, new uses for wells drilled prior to 1985 or new wells. They would provide an administrative alternative to water court, which can be too expensive for individual water users to navigate.

Witte reviewed the history of legal issues surrounding wells in the Arkansas Valley, including the 1972 attempt to reconcile surface and groundwater use, the Kansas v. Colorado case filed in 1985 that led to the 1996 well rules and the Simpson v. Bijou decision by the state Supreme Court in 2003 that took many well augmentation plans out of the hands of the state engineer.

“Decreed plans for augmentation costs have been so prohibitive in the South Platte that thousands of wells remain shut down to this day because of Simpson v. Bijou,” Witte said. There have also been instances in the Arkansas River basin, he said after the meeting.

On the same day that the Simpson v. Bijou ruling came, the state Legislature entered the Arkansas Valley well rules into law. In 2003, it also gave the state engineer’s office authority to approve five-year substitute water supply plans and to develop future rules.

Nearly 1,800 wells in the Arkansas Valley are covered by Rule 14 group augmentation plans under the 1996 rules, and those would stay in place even if new well rules are adopted.

The new rules could benefit a farmer who wants to use his own surface water rights to replace water pumped from wells, revegetation projects or even someone drilling a new well for a business, Witte said. At the same time, they would protect downstream water users and Colorado’s obligation under the Arkansas River Compact.

Witte acknowledged that there might an “augmentation gap” that makes finding sources of replacement water difficult, as discussed by the Arkansas Basin Roundtable recently. Permanently changing water uses still would require a trip to court.

But he said the purpose of the rules would be to give farmers a new tool to stay in business while complying with water law.

“We’re relying on data that were developed 30 years ago,” Witte said. “Life goes on and we need to think of ways to adjust and not be hampered by things already in place.”

More Arkansas River Basin coverage here.


[Central] Water district seeks tax revenue for ag infrastructure — The Greeley Tribune

October 13, 2014

Typical water well

Typical water well


From The Greeley Tribune (Kayla Young):

Two Weld County ballot initiatives aim to direct more tax dollars toward the Central Colorado Water Conservancy District with the intention of increasing water infrastructure and maintenance investments for agriculture and communities.

Ballot issue 4B proposes increasing the district’s annual tax allotment to a maximum of $750,000 in order to provide a stable water supply and maintain storage projects for farms, ranches and municipalities in Weld, Adams and Morgan counties.

Broken down, the home-owners’ tax would equate to an additional $2.34 a year for the owner of $100,000 house, said Kathy Parker, the district’s public information officer. She specified that business owners would not be subject to the levy.

Board member Randy Knutson emphasized the need for infrastructure improvements, especially following the wear and tear brought in 2013.

“With the flood last year and the increased maintenance and repair that we’ve been faced with, that’s a big reason for this particular tax increase, that and aging infrastructure,” he said.

He encouraged non-agricultural landowners to consider the possible benefits the tax would bring to overall quality of life.

“They benefit from agriculture; they benefit from water quality; they benefit from delivery of water, which eventually provides food for them,” he said.

The second ballot issue, 4C, would “de-bruce” funding restrictions created through the Taxpayer Bill of Rights (TABOR). In other words, the issue would open up excess tax revenue and grants not currently available to the district due to tax code regulations.

“We have lost millions of dollars by not being able to participate in funding and grant money that has been available. The TABOR amendment has limited our ability to participate,” Knutson said.

More 2014 Colorado November election coverage here.


Western Governors protest U.S. Forest Service water directive — Las Vegas Review-Journal

October 12, 2014
Fen photo via the USFS

Fen photo via the USFS

From the Las Vegas Review-Journal (Sean Whaley):

In a letter signed by Gov. Brian Sandoval, the Western Governors Association is criticizing a proposed U.S. Forest Service directive that seeks significant changes to water policy without their involvement.

The agency says the proposed directive would create a more consistent approach in its evaluation and monitoring of the impact on groundwater from actions on national forest system land.

The Western Governors say the agency is over-reaching.

“This proposed directive was developed without any state consultation of which the Western Governors’ Association (WGA) is aware,” the letter dated Oct. 2 notes. “We invite the USFS to work through WGA, Western States Water Council, and individual states to facilitate dialogue on ways to improve this (and any future) proposed directive.”[...]

The USFS has said the directive is needed to establish a consistent approach for addressing both surface and groundwater issues that appropriately protects water resources, recognizes existing water use, and responds to the growing societal need for high-quality water supplies.

But Sections of the directive “assume that the service has some type of authority over the management of groundwater, which it does not,” the governors counter in their letter. “The proposed directive should clearly state that state issued water rights for allocations of water must be recognized. The USFS does not have the authority to limit the amount of withdrawals authorized by a state. Limiting the quantity of groundwater withdrawals through special use authorizations would, in effect, amount to superseding states’ authority to issue water rights.”

Sandoval and other governors also express concern about the “rebuttable presumption” that surface water and groundwater are hydraulically connected, regardless of whether state law treats these resources separately.

“The directive should defer to the laws of individual states in recognition of their authority over water management,” the letter says.

The governors also say the directive requires the federal agency to evaluate water right applications on adjacent land that could adversely affect Forest Service groundwater, which oversteps the agency’s authority.

The comment period on the proposed directive ended Oct. 3.


Environment: Pharmaceutical pollutants elude water treatment, make their way into groundwater

October 7, 2014

Originally posted on Summit County Citizens Voice:

This Meadow Creek, a wild, free-flowing stream that starts in the Eagles Nest Wilderness Area and ends up flowing right past our house before its confluence with Dillon Reservoir, where it's wild no more.

How pure is your groundwater?

Iowa stream sampling shows common drugs turning up in well water

Staff Report

FRISCO — Research in a small stream near Des Moines, Iowa shows how pharmaceuticals and other hard-to-remove pollutants from treated municipal wastewater can travel into shallow groundwater following their release to streams.

“Water level measurements obtained during this study clearly show that stream levels drive daily trends in groundwater levels,” said Paul Bradley, lead author of the new U.S. Geological Survey study.

View original 481 more words


Water For Energy: Challenges to Produced Water Reuse

October 4, 2014

Originally posted on Your Water Colorado Blog:

HW 32 coversmallThe water required for oil and gas production is a hot topic in Colorado, and nationwide. We took a close look at it last fall in The Energy Issue of Headwaters magazine, exploring Colorado’s energy mix, oil and gas drilling, and the water market for power and energy. And although, compared to state-wide water usage, water for oil and gas only accounts for a small amount (as of 2011, the Division of Water Resources estimated that .47 percent of the state’s water withdrawals went to thermoelectric power generation; .03 percent to coal, natural gas, uranium and solar development; and .04 percent to hydraulic fracturing), in our water-limited state, where the energy industry could continue growing, players are competing for the same water. Reusing water and produced water is improving every year, and could make the water demands of the oil and gas industry less of a concern.  From Caitlin…

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Final Cotter report released — The Pueblo Chieftain

October 1, 2014

From The Pueblo Chieftain (Tracy Harmon):

Federal public health representatives who studied health concerns for Lincoln Park Superfund site residents living near the Cotter Uranium Mill issued a final report last week. The 260-page report includes comments made by citizens following its initial 2010 release. Many of the comments from citizens indicated the report was confusing, so o’cials with the Agency on Toxic Substances and Disease Registry attempted to clarify some of the confusion.

The Cotter Uranium Mill processed yellowcake uranium from 1958 to 1987 before going into sporadic operations. The mill has not processed uranium since 2006 and Cotter officials, along with state and federal health officials, are working toward a full cleanup of the site which has been on the Environmental Protection Agency’s Superfund list since 1984.

The health report concludes that drinking water for many years from a private well that contains elevated levels of molybdenum and uranium could harm people’s health. Although nearly all residents who have contaminated wells have been hooked up to the city water supply, some still use the wells to irrigate.

During 2008 testing, one of the seven wells exceeded the drinking water standard for molybdenum. The owner of that well declined to be connected to the municipal water system, according to the report.

“The groundwater remains contaminated and the contaminant plume can migrate to previously uncontaminated wells. Therefore, a future potential pathway also exists for other private wells until the contamination is cleaned up and no one is drinking contaminated well water,” according to the report.

The State Engineer’s Office is required to tell all well applicants who want to drill for water that there is potential contamination.

The report also concludes that accidentally ingesting or touching soil or sediment in the Lincoln Park community will not harm people’s health.

“However, there is not enough information for the agency to determine if exposures to lead will harm people’s health in residential communities immediately northwest of the Cotter Mill,” the report indicates.

Although soil north and west of the Cotter Mill is contaminated with high levels of lead, there were no elevated levels of lead in the blood of children and residents tested.

The report also concludes that a person eating an average amount of homegrown fruits and vegetables defined as approximately 1cups per day will not experience harmful health effects. However, people who eat a lot of fruits and vegetables, defined as approximately 5 cups per day from their Lincoln Park gardens over a long period of years, may be at risk from exposure to arsenic.

The agency, “was unable to determine the source of the arsenic found in the fruits and vegetables; it could originate from natural sources. The agency recommends that residents who have gardens wash their homegrown produce thoroughly before eating it,” according to the report.

Finally, the agency’s report concludes that, “Air emissions of particle bound radionuclides have not resulted in exposures to the public at levels known to cause adverse health outcomes. Outdoor radon concentrations will not harm people’s health.”

“With the exception of thorium-230 levels observed in 1981 and 1982 that were associated with excavation of contaminated tailings, every radionuclide monitored has been more than a factor of 10 below annual dosebased health limits to the public. The excavation releases appear to have only exposed onsite workers, but that exposure still was below occupational limits at that time,” according to the report.

To view the final report, go to http://recycle4colorado.ipower.com/Cotter/Lincoln%20Park/140922lincolnparkpublichealthassessment.pdf.

From the Colorado Independent (Bob Berwyn):

When rainstorms sent a surge of muddy debris down Sand Creek late this summer, people living near the defunct Cotter Uranium Mill were thinking, “Here we go again!”

A big 1965 flood washed radioactive sludge toward the nearby Lincoln Park neighborhood, a foothill community near Cañon City where residents have horses and apples trees in their backyards. The plume of poisoned water spread underground. Fifty years later, there are still three wells in Lincoln Park where the uranium concentrations are above state standards set to protect human health.

This year’s late summer rainstorms gummed up critical pumps and pipes, part of a system built to prevent radioactive waste from escaping the polluted 2,600-acre Cotter property, which has been designated as a high priority federal Superfund cleanup site for the past quarter century.

The fact that a series of checks on dams and underground barriers showed they apparently worked the way they’re supposed to during the recent floods is small comfort to some Lincoln Park residents who worry about continued health risks and complain that state and federal regulators are still dragging their feet on the long-mandated cleanup.

“I realize the surface water is getting captured pretty well, but we’ve asked for better monitoring of groundwater, and we’ve been refused over and over again,” said Lincoln Park resident Sharyn Cunningham.

“We’ve asked them to do scientific studies to show there is no underground movement of water and they’ve refused numerous times,” she added, noting that uranium levels in the groundwater on the Cotter property are “horrendously high.”

In the wake of the most recent flooding, concerned locals say Cotter and the government officials tasked with overseeing the cleanup seemed to be defying a new state law that sets deadlines for inspections and reporting.

Kindergarten Rules

Cunningham and other residents want the U.S. Environmental Protection Agency and the Colorado Department of Public Health and Environment to lean on the Cotter Corporation harder to accelerate the cleanup effort. The company is a Denver-based subsidiary of General Atomics, a corporation with lucrative federal nuclear contracts. Cotter owns or controls 15 uranium and vanadium mines in southwest Colorado with an estimated 100 million pounds of ore. Watchdogs say the company has plenty of money to pay for a cleanup, and that big corporations — especially ones with government contracts — ought to play by the same simple kindergarten rules that apply to the rest of us.

“You make a mess, you clean it up,” said Travis Stills, an environmental attorney representing Colorado Citizens Against Toxic Waste. At the Cotter site — which is so close to Cañon City and upstream from the Arkansas River — the best option would be to dig up most of the toxic radioactive waste and move it to a geologically stable and remote site where it would pose the least threat to people and the environment, watchdogs say.

The mill started producing uranium oxide, or yellowcake in 1958 as part of the Cold War nuclear arms buildup. The concentrated uranium powder is the raw material for fissionable nuclear fuel. According to Cunningham, who curates an extensive library of documents related to the site, some of the waste came from the Manhattan Project, America’s WWII atom bomb effort.

Up until 1980, Cotter dumped radioactive waste into unlined ponds. It wasn’t until 1988, 30 years after Cotter started operation, that the state required the company to build a groundwater barrier to trap tainted water and pump it back up into evaporation ponds on its property.

Along with uranium, toxic materials at the Cotter site include radium, polonium, thorium and heavy metals like mercury, molybdenum, thorium and radioactive lead. Intermittently, Cotter processed those materials with other toxic chemicals, including nitric acid and hydrochloric acid — all combining into a poisonous brew. Many of the pollutants are known to have human health impacts, including an increased cancer risk.

“It makes fracking fluid look good enough to drink,” Stills said.

In 2010, monitoring revealed a potential new threat — volatile organic compounds had started showing up in the site’s groundwater. Specifically, testing detected Trichloroethylene, a known cancer-causing chemical used mainly as an industrial solvent, suggesting the chemical may have been introduced to the water as Cotter dismantled some of the old facilities on the site.

An updated federal health assessment completed earlier this month details potential health risks linked with exposure to the toxic materials stored at Cotter. The report was published by the U.S. Department of Health and Human Services, and includes a detailed timeline of the decades-long, on-and-off efforts to decontaminate property.

The Colorado Department of Public Health and Environment defends its work overseeing the cleanup, including diligent groundwater monitoring that shows the plume of contaminated groundwater beneath Lincoln Park has shrunk in recent years.

“We take our mission to protect public health and environment seriously,” said Warren Smith, the state’s liaison at the Cotter site. Smith said two inspections, on Aug. 25 and Sept. 23, showed no sign that contaminated water leaked off the property. Aside from the pumpback failure, he said the rest of the site’s containment system, including key dams, worked as intended during the recent floods.

“Cotter is required to report these incidents and they have been.”

Smith said there are three wells in Lincoln Park where the uranium concentration is above the state standard of 30 micrograms per liter. The concentrations in these wells are less than 40 micrograms per liter.

Snail-Paced Cleanup

Environmental concerns about the Cotter Mill are nothing new. The state started demanding a cleanup way back in 1983 by filing a complaint under the Superfund law, formally called the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

The Cotter Corporation challenged the move in court, setting the tone for decades of mistrust. Years of missteps and withheld information has done nothing to convince residents that the company is meeting its cleanup obligation, Stills said. This year’s breakdown of the pumpback system is just the latest in a long list of snafus at the mill site, including previous pipe failures 2010, 2012 and 2013.

“The same people have been making the same mistakes for decades,” said Stills, noting that the string of contaminated waste releases shows that state and federal oversight have been lax at best. As he sees it, Cotter has been gaming the system for 30 years, and that state health officials have played along.

“To me, it suggests consistent contempt by CDPHE staff for the community perspective,” Stills said.
The biggest concern is that the mill’s entire aging containment system could be vulnerable to catastrophic failure that could put thousands of people at risk. The site is about 1.5 miles north of Cañon City. The closest neighbor is a quarter-mile away. About 6,000 people live within about a two-mile radius of the mill, and about 20,000 people live within five miles.

About Time?

In July, Cotter Corporation, the Colorado Department of Public Health and the Environment and EPA signed a deal that spells out Cotter’s legal obligation to start working on a final cleanup plan. The agreement is a required step in the federal Superfund process. The public can comment on the proposed agreement until October 27 at Regulations.gov or in writing to by contacting EPA Enforcement Specialist Virginia Phillips.

“EPA is aware of recent incidents involving the pumpback system at the Cotter facility, including incidents related to flooding events and an occurrence of pipe damage which has since been repaired,” said Rich Mylott, a spokesman for the EPA, which will work with the CDPHE to investigate the pumpback system breakdown.

Cunningham and other residents are skeptical that the Cotter Corporation will do a thorough cleanup unless state and federal officials keep a close, diligent watch.

“The community doesn’t trust Cotter and CDPHE to do these things in private,” she said. “Two years ago, they promised us a roadmap toward cleanup, and we haven’t put one foot on that road yet.”

The Superfund cleanup deal may also have some loopholes.

Watchdogs want the state and feds to investigate what other companies besides Cotter may have contributed to contamination at the mine. That would help identify all the toxic materials at the site. They also want Cotter and government regulators to gather more detailed information on groundwater movement, including a tracer study, which involves adding a chemical marker to the water upstream, then monitoring when and where it appears downstream — a common way of tracking pollutants.

The EPA and the CDPHE are now on the same page on the Cotter cleanup so Cunningham is more hopeful that there will, someday, be a final resolution, said Cunningham, who lives less than a mile from the contaminated site.

Until then, she plans to keep watching the agencies closely. History has shown, she said, that somebody needs to keep watch and keep pressing for completion of the cleanup in the face of Cotter’s continued resistance and delays. Both Stills and Cunningham said they think the company has too much sway with regulators, who seem to be more responsive Cotter than to residents living near its mill’s mess.

“You just get up every day and do what you can,” Cunningham said. “This is a terribly contaminated site, and somebody has to make sure the authorities in charge are doing the right thing and are not just being influenced by Cotter.”

More Lincoln Park/Cotter Mill superfund site coverage here and here.


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