SDS: #Colorado Springs councillors OK stormwater agreement with Pueblo County

Southern Delivery System map via Colorado Springs Utilities
Southern Delivery System map via Colorado Springs Utilities

From The Colorado Springs Gazette (Billie Stanton Anleu):

The City Council committed Colorado Springs on Wednesday to spend more than $460 million over 20 years on a stormwater projects pact with Pueblo County.

The intergovernmental agreement, negotiated chiefly by Mayor John Suthers, is expected to resolve Fountain Creek stormwater problems for downstream residents and avert lawsuits threatened by the U.S. Environmental Protection Agency through the Department of Justice and by Pueblo County.

Further, the accord would allow Colorado Springs Utilities’ Southern Delivery System to start pumping water as scheduled on April 27.

Pueblo County officials threatened to rescind that $825 million project’s 1041 permit, which they issued in April 2009, if the city didn’t ante up enough guaranteed funding for stormwater projects.

The deal now hinges on a vote by Pueblo County’s three commissioners, set for 9 a.m. Monday.

Any delay of the SDS would reduce the worth of warrants on equipment and work while leaving four partner communities – Colorado Springs, Pueblo West, Fountain and Security – without the water deliveries they expect.

The council, meeting in special session Wednesday, didn’t hesitate to approve the pact. Only Councilwoman Helen Collins, a steadfast foe of government spending, dissented in the 8-1 vote.

The agreement calls for 71 stormwater projects to be completed by 2035. Engineers for Pueblo County and Colorado Springs chose the projects and will review them each year to allow for fluctuating priorities.

The money will be spent in five-year increments, at a rate of $100 million the first five years followed by $110 million, $120 million and $130 million. Any private developers’ projects or other efforts would be in addition to the promised amounts.

If the projects aren’t completed in time, the accord will be extended five years. And if Colorado Springs can’t come up with the money required, the city-owned Utilities will have to do so.

The agreement was tweaked slightly Wednesday, on request of the Pueblo County commissioners, to increase one miscalculated payment to a water district by $332, to add the word “dam” to references to a study of water-control options, and to add “and vegetation” to a clause about removing debris from Pueblo’s city levees. A clause was added to note that after the agreement expires, both sides agree to coordinate and cooperate with one another, as they always will be upstream-downstream neighbors.

“This is basically an investment in this city,” said water attorney David Robbins, a consulting lawyer for the council. “The stormwater facilities would have ultimately had to be built anyway. They benefit your citizens, not just the people downstream.”

Asked about the option for a dam, Robbins said, “It has been studied, studied again, and another study may add to our knowledge, but doesn’t require this city to contribute any more money. The dam would require moving two railroads and an interstate highway. Just the facility relocation costs make it quite expensive.”

Colorado Springs has failed to properly enforce drainage regulations, conduct adequate inspections, require enough infrastructure from developers or properly maintain and operate its stormwater controls, the EPA found during inspections in August.

The downstream victim has been Pueblo County, which saw Fountain Creek sediment increase at least 278-fold since the Waldo Canyon fire in 2012, degrading water quality and pushing water levels higher, Wright Water Engineers Inc. found during a study for the county last year.

Sediment increased from 90 to 25,075 tons a year, while water yields rose from 2,500 to 4,822 acre-feet, the engineers found.

As Colorado Springs development sprawls, the amount of impermeable pavement grows. So the city also is beefing up its long-underfunded Stormwater Division, increasing the staff of 28 to 58 full-time employees, mostly inspectors, and more than doubling the $3 million budget for compliance to about $7.1 million.

The city and Utilities negotiated for nearly a year with Pueblo County, as Colorado Springs has beefed up its stormwater program to fix the problems and fend off the threats of lawsuits.

From The Pueblo Chieftain (Chris Woodka):

The Pueblo Board of Water Works would like to see up-front bonding and longer term for an intergovernmental agreement between Pueblo County and Colorado Springs.

Still, it’s probably the best deal possible, the board agreed during comments on the proposed deal at Tuesday’s monthly meeting.

In February, the board provided its input with a resolution recommending certain actions to Pueblo County commissioners.

Colorado Springs City Council approved the deal Wednesday, while Pueblo County commissioners will meet on it Monday. It provides $460 million for stormwater projects over the next 20 years, triggers $50 million in payments over five years for Fountain Creek dams and adds $3 million to help dredge and maintain levees in Pueblo.

“One of the things we encouraged Colorado Springs to do was bond the projects up front,” said Nick Gradisar, president of the water board. “It would be to everyone’s advantage to do the projects sooner rather than later.”

Board member Tom Autobee said the agreement is comprehensive, but was uncertain about the 20-year timeline for improvements.

“What I’d like to see is to extend it beyond 20 years for the life of the project,” Autobee said. “We need to look at that.”

Board member Jim Gardner was assured by Gradisar that Pueblo County is guaranteed a voice in which projects are completed.

“They have a priority list and can’t switch unless both sides agree, as I understand it,” Gradisar said.

“This is a great opportunity to correct the issues,” said Mike Cafasso.

“What we said got listened to,” added Kevin McCarthy. “I think this is the best deal we’re going to get.”

From The Pueblo Chieftain (Chris Woodka):

Colorado Springs won’t need the full use of the Southern Delivery System for years, but some can’t wait for the $825 million water pipeline to be turned on.

Pueblo County commissioners heard testimony supporting a proposed agreement with Colorado Springs designed to settle issues surrounding the City Council’s decision to abolish its stormwater enterprise after the county had incorporated it into conditions for a 1041 permit in 2009.

“One in five people in Pueblo County live in Pueblo West and are impacted by SDS,” said Jerry Martin, chairman of the Pueblo West metro board. “With the newest break, we will depend on SDS for a very long time.”

Pueblo West joined the SDS project as a costsaving alternative to a direct intake on the Arkansas River downstream of Pueblo Dam. It shared in the cost of permitting and building the pipeline.
Last summer, it used SDS when its own pipeline broke.

Pueblo West’s main supply comes from the South Outlet Works and crosses under the river. The new break is more severe, Martin explained.

An agreement reached last summer allows Pueblo West to use SDS before it is fully operational, and settled some lingering legal issues related to Pueblo West’s partnership in SDS.

Security Water and Sanitation District, located south of Colorado Springs, also needs SDS to go online before summer, said Roy Heald, general manager of the district.

“Security has an immediate need for water because there are emerging contaminant in our wells,” Heald said.

Seven of the district’s 25 wells into the Fountain Creek aquifer were found to be contaminated earlier this year. The solution is to blend water from the Arkansas River with the well water to dilute contaminants. Right now, Security gets enough water from the Fountain Valley Conduit to make its supply safe. But in summer, water demands will increase, Heald explained.

Larry Small, the executive director of the Fountain Creek Watershed Flood Control and Greenway District, said the agreement paves the way for flood control projects seven years after the district was formed.

Small was on City Council when the stormwater enterprise was abolished on a 5-4 vote. He voted against eliminating the fee that was then in place. He was hired to run the Fountain Creek district two years later. The district has representatives from both Pueblo and El Paso counties.
The district was formed by the state Legislature out of concerns about the effect of El Paso County’s growth on Fountain Creek and the danger that is posed to Pueblo.

The $460 million for Colorado Springs stormwater projects over the next 20 years is needed to slow down Fountain Creek, but that doesn’t mean Pueblo would be protected. There are at least 18 projects south of Colorado Springs involving either detention ponds or dams that the district wants to get started on.

That process would get a kick start with $20 million in the next nine months if the agreement is approved by commissioners and Colorado Springs City Council in the next week. Three more payments of $10 million over the next three years would follow under terms of the 1041 agreement.

“This agreement says that we’re not just going to put something in place, but that we’re going to monitor it,” Small told commissioners. “It’s a cooperative, collaborative process. We don’t have to rely on rumors and innuendo.”

The city of Pueblo also would benefit from a potential $6 million in Fountain Creek dredging or levee maintenance projects that would cost the city only $1.2 million over the next three years. Pueblo Stormwater Director Jeff Bailey last week told The Pueblo Chieftain that the city has projects lined up, depending on how the funds are structured.

A separate $255,000 project to dredge between Colorado 47 and the Eighth Street bridge already is in the works. It would be funded by Pueblo County, the Lower Arkansas Valley Water Conservancy District, the Fountain Creek district and the state.

For Colorado Springs, SDS is a 40-year solution to provide water both for future growth and redundancy for the major water infrastructure it already has in place. Earlier comments to commissioners from Colorado Springs officials indicated only about 5 million gallons per day initially would flow through the SDS pipeline to El Paso County. It has a capacity of 75 million gallons per day.

Colorado Springs Mayor John Suthers said warranties on the project kick in when testing on SDS is completed at the end of this month, however, so Colorado Springs also would like to see the pipeline up and running by next week.

SDS: Pueblo County and #Colorado Springs are still talking 1041 permit requirements

From The Pueblo Chieftain (Chris Woodka):

Pueblo County and Colorado Springs continue to negotiate over the 1041 permit for Southern Delivery System, but there has been no resolution of issues regarding stormwater control.

“We’re still engaged in negotiations,” Pueblo County Commissioner Terry Hart told The Pueblo Chieftain this week. “We have made it clear that if we are able to pound out an agreement, it will be tentative and open to public review.”

Meanwhile, Pueblo West, an SDS partner, won’t jump into the fray.

Colorado Springs Mayor John Suthers earlier this month laid out a plan to apply $450 million to stormwater projects on Fountain Creek and its tributaries over the next 20 years.

Many of those projects would benefit Pueblo County as well as Colorado Springs, and Pueblo County would have a say in prioritizing the projects, Suthers said.

The proposal is an attempt to make up for Colorado Springs’ decision to abolish its stormwater enterprise in 2009, and its failure to comply with state and federal stormwater permits.

Pueblo County officials publicly were cool to Suthers’ suggestion, pointing out that negotiations on several points have been underway for nearly a year. Meanwhile, Pueblo City Council and the Pueblo Board of Water Works adopted resolutions supporting Pueblo County in negotiations.

This week, Pueblo West Metropolitan District board member Mark Carmel attempted to get the board to weigh in on the negotiations, but other members of the board declined.

Carmel said the 20-year timeline proposed by Colorado Springs is too short and Pueblo could still be at risk from flooding on Fountain Creek caused by growth to the north. His proposal was not considered by the board.

As a result, Carmel is exploring his own candidacy for Pueblo County commissioner for the principle purpose to “influence a true agreement on SDS.”

“We need leaders who will not roll over and play dead to Colorado Springs; leaders who must remain vigilant to achieve a permanent solution to flooding before new SDS water magnifies the problem,” Carmel said.

Jerry Martin, president of the Pueblo West board, said he is generally satisfied with how Colorado Springs has treated Pueblo West in SDS.

Pueblo West became part of the SDS project in 2007, agreeing to take water from it rather than directly from the Arkansas River below Pueblo Dam as a backup to its own pipeline from the dam and as a way to increase capacity of its water system. The agreement also designated Colorado Springs as the lead negotiator for SDS.

Pueblo West has used its connection to SDS twice, once last summer and the other beginning last month, as a way to get water. Agreements signed in relation to that settled issues among Pueblo West, Pueblo County and the city of Pueblo related to water issues, but not the 1041 permit with Colorado Springs.

“Colorado Springs has performed well during the disaster last summer and now,” said Martin. “We remain silent, because we’re not involved with Fountain Creek flooding. This current resolution is between Pueblo County and Colorado Springs.”

Southern Delivery System map via Colorado Springs Utilities
Southern Delivery System map via Colorado Springs Utilities

Pueblo West official tells Pueblo County to renegotiate the SDS 1041 permit

Pueblo West
Pueblo West

From The Pueblo Chieftain (Chris Woodka):

A Pueblo West Metropolitan District board member wants Pueblo County commissioners to renegotiate the 1041 agreement for the Southern Delivery System.

“There are numerous, fatal flaws in the present 1041 agreement; too many to mention,” Pueblo West board member Mark Carmel told the Pueblo Board of Water Works this week. “I respectfully suggest that the 1041 permit must be renegotiated to create a true agreement.”

It’s a significant development because Pueblo West is a partner in the SDS water pipeline project, and has already benefited from an emergency use of SDS last summer.

The metro board took a position on Jan. 12 that its water should not be held hostage during the current SDS discussions, but Carmel made it clear that he was speaking as an individual at Tuesday’s water board meeting. The metro board will meet with Colorado Springs Utilities at 5:30 p.m. Tuesday to address Carmel’s concerns.

Both the water board and Pueblo City Council are pondering resolutions requiring more action on stormwater in relation to SDS. Pueblo County commissioners are in the process of determining 1041 compliance on stormwater and other issues in the permit.

The Lower Arkansas Water Conservancy District has requested action by the Bureau of Reclamation under the federal SDS contract and by the Pueblo County commissioners under the 1041 permit to delay SDS until a stable source of stormwater funding is found.

Carmel, a former Pueblo County engineer, said he has seen firsthand the damage Fountain Creek causes in Pueblo. He wants to make sure Colorado Springs has adequate stormwater control measures in place.

“As Colorado Springs’ partner in the SDS project, I believe perhaps Pueblo West bears the most local responsibility to ensure SDS is implemented in such a way that the city of Pueblo does not get wiped out by floodwaters, in our name, if we stand by and do nothing,” Carmel said.

He said politicians’ current assurance of $19 million in annual funding for stormwater improvements in Colorado Springs is not adequate because future councils could easily reverse the action.

“A 10-year intergovernmental agreement is not worth the paper it is written on under the Taxpayer’s Bill of Rights, because it may be canceled at any budget cycle,” he said.

Carmel said the 1041 agreement should be renegotiated to avoid future misunderstandings.

“Now is the time to ask Colorado Springs to cooperatively renegotiate the terms of the SDS 1041 permit to ensure that it is a win-win deal for both communities,” Carmel said. “Any deal that fails to prevent flooding in Pueblo — through a permanent funding mechanism that cannot change with each election — is not a win for Pueblo.”

Twin Lakes Reservoir and Canal Co, Aspen and the #ColoradoRiver District reach deal

From the Aspen Daily News (Brent Gardner-Smith):

The city of Aspen and Front Range water interests have reached a compromise 20 years in the making that allows more water to be sent east when the spring runoff is plentiful, in exchange for bolstering flows when the Roaring Fork River is running low in the fall. The deal is between the Twin Lakes Reservoir and Canal Co., which operates transbasin diversion tunnels underneath Independence Pass, and the city of Aspen and the Colorado River District, which works to protect water rights on the Western Slope.

The deal, which has its roots in a 1994 water court application from Twin Lakes that sought to increase diversions during the runoff in high-snowpack years. It will leave 40 acre-feet of water in Grizzly Reservoir when Twin Lakes exercises its rights under the 1994 proposal. That water will be stored in the 500-acre-foot reservoir and released into the Roaring Fork for about three weeks in late summer, when seasonal flows are at their lowest. The water must be called for and released in the same year it was stored.

Grizzly Reservoir, located about 8 miles up Lincoln Creek Road near the Continental Divide, is a component of the transbasin-diversion system. A tunnel underneath the reservoir channels water underneath the mountain to the south fork of Lake Creek in the Arkansas River basin, on the other side of the pass.

Additionally, under the deal, the River District will have the right to store 200 acre-feet of water in Grizzly Reservoir and can call for up to 150 acre feet of that water in a year. Importantly, that 200 acre-feet can be stored long-term in the reservoir until it is called for by the River District, which manages water rights across the Western Slope.

Another 600 acre-feet will be provided to the River District for seasonal storage in Twin Lakes Reservoir, also on the east side of Independence Pass. The district will then trade and exchange that water with various entities, which could lead to more water staying on the Western Slope that would otherwise be diverted through other transbasin tunnels.

Twin Lakes diverts an average of 46,000 acre-feet a year from the headwaters of the Roaring Fork and sends it to Colorado Springs and other Front Range cities. The city of Colorado Springs owns 55 percent of the shares in the Twin Lakes Reservoir and Canal Co., entities in Pueblo own 23 percent, entities in Pueblo West own 12 percent, and Aurora owns 5 percent.

Aspen and the River District intend to cooperatively use the stored water in Grizzly Reservoir to boost late-summer flows in the Roaring Fork as it winds through Aspen proper.

Water already flowing
The stretch of the Roaring Fork River below the Salvation Ditch on Stillwater Drive typically runs below environmentally sound flows each year for about eight weeks, according to city officials. And given that this spring saw a high run-off, the three parties to the agreement managed some water this year as if the deal was already signed.

“At the close of the current water year (which ended the last day of September), Twin Lakes started making releases of some of the water stored for the River District, followed by release of the 40 acre-feet, as directed by Aspen and the River District,” Phil Overeynder, a special projects engineer for the city, wrote in an Oct. 3 memo to city council. “These releases had the effect of increasing flows in the Roaring Fork through the Aspen reach by approximately 20 percent and will last for approximately a three-week period at the end of the lowest flow conditions of the year.”

Overeynder added that “both Aspen and the River District believe that this agreement, while not perfect, is of real and meaningful benefit to the Roaring Fork.”

Aspen City Council approved the agreement on its consent calendar during a regular council meeting on Monday. The agreement is on the River District’s Tuesday meeting agenda, and Twin Lakes approved it last month.

The deal still needs to be accepted by Pitkin County and the Salvation Ditch Co. in order to satisfy all of the details of the water court’s 2001 approval of the 1994 water rights application.

Junior and senior rights
In addition to its junior 1994 water right, Twin Lakes also holds a senior 1936 water right that allows it to divert up to 68,000 acre-feet in a single year and up to 570,000 acre-feet in a 10-year period.

Originally, the water diverted by Twin Lakes was used to grow sugar beets to make sugar, but it is now primarily used to meet the needs of people living on the Front Range.

The 1936 water right still has some lingering restrictions in high-water years, according to Kevin Lusk, an engineer with Colorado Springs Utilities who serves as the president of the board of the private Twin Lakes Reservoir and Canal Co. Under its 1936 right, when there is plenty of water in the Arkansas River and the Twin Lakes Reservoir is full, Twin Lakes is not allowed to divert water, even though it is physically there to divert, Lusk explained. So in 1994 it filed in water court for a new water right without the same restrictions so it could divert more water to the east. It was dubbed the “Twin Junior,” water right.

The city of Aspen and the River District objected in court to the “Twin Junior” and the agreement approved Monday is a long-delayed outcome of the case.

Aspen claimed that if Twin Lakes diverted more water in big-water years, the Roaring Fork wouldn’t enjoy the benefits of the high water, including flooding the Stillwater section and replenishing groundwater supplies. That process, the city argued, helps the river in dry times.

“We don’t necessarily agree with the theory behind it,” Lusk said of the city’s claim, but added that Twin Lakes agreed to the deal as part of settlement negotiations.

And since 2014 turned out to be a high-water year, Twin Lakes exercised its right to divert water under its 1994 Twin Junior right, and worked cooperatively with Aspen and the River District to release 40-acre feet of “mitigation water” as described in the pending deal.

The new agreement between the city, Twin Lakes and the River District is in addition to another working arrangement between Twin Lakes and Aspen related to the Fryingpan-Arkansas diversion project, which diverts water from the headwaters of the Fryingpan River.

That agreement provides 3,000 acre-feet of water each year to be released by Twin Lakes into the main stem of the Roaring Fork beneath a dam near Lost Man Campground, normally at a rate of 3 to 4 cubic feet per second.

More Twin Lakes coverage here.

Pueblo West Utilities Board members and staff are trying to make sense of SDS MOU with Colorado Springs

Pueblo West
Pueblo West

From The Pueblo Chieftain (Chris Woodka):

Pueblo West is pondering whether it even needs to turn on Southern Delivery System early after the metro district board waded through the process that led up to a controversial memorandum of understanding that would allow that to happen. The MOU apparently represents years of complex negotiations between Colorado Springs attorneys.

Three board members, Chairman Lew Quigley, Mark Carmel and Judy Leonard, voted on May 27 to talk about the MOU in open session, rather than behind closed doors.

But at Tuesday’s metro board meeting — devoted solely to water issues — board members and staff wrangled over what the document means and how it should be drafted.

The MOU could pave the way for Pueblo West to begin using a new 36-inch pipeline from the north outlet on Pueblo Dam ahead of schedule. It’s needed because Pueblo West is reaching the limits of its current delivery line, and to provide redundancy if anything should happen to its sole supply source, said Manager Jack Johnston. Johnston said the MOU was merely conceptual, and the argued that details of it needed to be explained in executive session.

“This is really our bus to drive,” Johnston said.

Carmel countered that a more open discussion in public among Pueblo West, Colorado Springs needed.

Pueblo County commissioners and attorneys objected to details of the agreement which required Pueblo West to obtain approval of 1041 permit conditions, saying Colorado Springs is attempting to bully the metro district.

“This was presented to me as an ultimatum. … I suspect this new board will go back to the drawing board to give you a new direction,” Carmel said. He wanted to delay action until a full board could act — board member Jerry Martin was not at Tuesday’s meeting.

Quigley objected to discussing the agreement in executive said that a meeting behind closed doors was needed to explain how the agreement related to several other lawsuits in order to protect Pueblo West’s legal position.

Board member Barbara Bernard favored discussing such an agreement in executive session if necessary.

“Yes, I want to know how we got to this point,” she said. “I need as much counsel as we can have.”

From The Pueblo Chieftain (Chris Woodka):

Colorado Springs Utilities was trying to make sure the clock wouldn’t start ticking if Pueblo West got water early under a controversial agreement.

That’s how Mark Pifher, permit manager for Southern Delivery System, explained the situation Wednesday to the Lower Arkansas Valley Water Conservancy District during his update on SDS progress.

The agreement was to have been discussed in executive session on May 27 by the Pueblo West Metropolitan District, but newly elected board member Mark Carmel objected to talking about it behind closed doors, claiming the agreement would hold Pueblo West “hostage.”

The issue escalated when Pueblo County commissioners and attorneys claimed Colorado Springs was using bully tactics to pressure Pueblo West into gaining county approval of 1041 permit conditions from the county.

“Pueblo West wanted delivery of the water as soon as possible,” Pifher said. “The concern we had was that if the water is delivered to Pueblo West, will all the other conditions be expedited?”

Among those conditions is the beginning of $50 million payments to the Fountain Creek District and other Fountain Creek issues. Utilities and the Lower Ark have been in negotiations over Fountain Creek issues for the past nine years.

“What we’re asking is that Pueblo West go to the commissioners so those other conditions will not be triggered,” Pifher said.

The agreement also contained a provision that would require Pueblo West to stop using the new pipeline if Colorado Springs did not meet SDS conditions.

On Tuesday, the Pueblo West board discussed the agreement with Manager Jack Johnston and attorney Harley Gifford.

Carmel and board President Lew Quigley wanted an open discussion of the agreement. Johnston said it had been negotiated over several years by staff and attorneys. Gifford said it is tied to other legal issues that need to be discussed in executive session.

The 36-inch water line from the north outlet is nearly complete and would provide redundancy for the existing 24-inch line Pueblo West has connected to the south outlet. The new line would provide up to 18 million gallons per day in addition to the 12-million-gallon capacity of the existing line.

More Southern Delivery System coverage here and here.

“This proposed MOU is a heavy-handed tactic by [Colorado Springs Utilities]” — Ray Petros

Pueblo West
Pueblo West

From The Pueblo Chieftain (Chris Woodka):

Pueblo County officials believe Colorado Springs Utilities is trying to pressure Pueblo West for help in meeting 1041 permit requirements for the Southern Delivery System. After obtaining a copy of a draft memorandum of understanding that was to be considered by the Pueblo West metro board in executive session last month, two commissioners and the county’s water attorney say it’s the same type of coercion Utilities tried to exert on the county earlier.

“It’s bully tactics. I think it’s terrible and totally inappropriate,” said Terry Hart, chairman of the county commissioners. “This is the second time in a couple of months where Utilities is trying to negotiate approval of 1041 conditions. In this case, it pits Pueblo West against Pueblo County, when there’s no good reason to do it.”

Commissioner Sal Pace agreed: “Whether Pueblo West has access to its own water has nothing to do with conditions on Fountain Creek.”

Water attorney Ray Petros was equally blunt: “This proposed MOU is a heavy-handed tactic by Utilities to withhold water deliveries to Pueblo West as a lever against the county in the event the county had to consid­er suspending the SDS permit.”

Pueblo West has not approved the MOU, and Jack Johnston, the metro district manager, portrayed it as a working document “at the staff and attorney level.”

However, newly elected Pueblo West board member Mark Carmel objected at his first official meeting to considering the deal in executive session. He was backed by Chairman Lew Quigley and board member Judy Leonard.

Johnston said a document for public consideration would be ready for discussion in open session, probably in mid-June.

But the document provided to The Chieftain by Carmel, and shared with the county, asks Pueblo West to get the county to sign off on several conditions of the 1041 permit before Pueblo West can turn on SDS.

Among other things, the agreement instructs Pueblo West to obtain written confirmation from Pueblo County that four politically charged conditions of the county’s 1041 permit have been met or “will not be triggered . . . by use of SDS facilities.”

Those conditions include the payment of $50 million to a special district for Fountain Creek flood control, the Pueblo Arkansas River flow program, the adaptive management scenario for Fountain Creek and Colorado Springs stormwater management. Each of those has led to complicated political negotiations or even court cases for Colorado Springs. Pueblo West has been in court with Pueblo County over the flow program.

Pueblo County ran into the same tactics when it asked Utilities to release interest money from the $50 million early to fund dam studies on Fountain Creek, Hart and Pace noted.

“In any event, holding Pueblo West hostage casts Springs’ Utilities as a bully,” Petros said. “It’s certainly counterproductive to a cooperative approach for addressing environmental mitigation of the SDS Project.”

More Southern Delivery System coverage here and here.

Pueblo West: Metropolitan board approve $40,000 for pipeline easement costs

Pueblo West
Pueblo West

From The Pueblo Chieftain (Tracy Harmon):

The Pueblo West Metropolitan District board took another step last week toward saving its precious water resources from evaporation. The board voted unanimously Tuesday to fund $40,000 worth of appraisals for its proposed Wildhorse Pipeline easement. The valuations will help the board reach agreement with property owners.

The board proposes to build a roughly 7-mile pipeline to prevent the estimated 70 percent loss of water due to evaporation or seepage as it is discharged from the Pueblo West treatment plant into Wildhorse Creek, where it is measured for water credit.

“If we can get a good portion of that 70 percent back, it would add up to roughly 1,000 to 1,200 acre-feet of water — enough to supply 2,400 to 3,600 homes annually. It’s a lot of water,” said Jack Johnston, district manager.

The district will need to secure 100 easements, about half of which are through Pueblo city-owned property. Because the district has not been able to reach agreement with the city of Pueblo, it filed a lawsuit in December seeking the right of eminent domain to condemn the property it needs for “the greater public purpose,” Johnston said.

“Water conservation is a statewide interest. We have just about 11,000 water taps but we are not done growing,” Johnston said.

In 2013, Pueblo West received 49 new home permit applications. Johnston said the district also would like to have more water available should a new manufacturing business require significant water.

“To add to our water portfolio for future growth is a solid investment for a community. We also are able to lease any excess water we have,” Johnston explained.

Johnston said the filing of the district court lawsuit was not a step Pueblo West leaders wanted to take. He said he still is hopeful of reaching an agreement with Pueblo officials before the case is heard June 12-13.

“For two government agencies to fight each other does not make sense to me,” said Lew Quigley, board member. “The taxpayers come out the losers.”

Meanwhile, Pueblo County has updated their 1041 regulations, partially in response to Pueblo West’s project. Here’s a report from The Pueblo Chieftain (Peter Roper):

City Council adopted an arsenal of new land-use regulations last week that gives it more voice over the routes of new water pipelines, power plants, transmission lines and even new sewage treatment plants. The unanimous vote came Jan. 13 even as the city and the Pueblo West Metropolitan District are at odds over the route of the Wildhorse Reuse Pipeline Project.

That long-sought project would be a return-flow pipeline from the Pueblo West sewage treatment plant to the Arkansas River below Pueblo Dam. The project has been on the drawing board for several years with agreement of Colorado Springs, Aurora, the Pueblo Board of Water Works — all players that have cooperated on a program to maximize flows in the river.

Pueblo city planners have challenged the proposed route of the pipeline, which Pueblo West officials want to acquire through eminent domain, including some city-owned land. The metro district filed a suit in Pueblo District Court last month to force Pueblo to comply.

On the advice of new City Attorney Dan Kogovsek, council adopted the broader land-use powers. They are commonly called 1041 regulations because they are named after a 1974 law granting local governments a voice over projects that cross multiple jurisdictions.

While Pueblo County attorney, Kogovsek was involved in enforcing the county’s 1041 regulations on Colorado Springs over the route for the Southern Delivery System water pipeline north from Pueblo Dam.

Kogovsek told council it should exercise more authority over projects that cross city lands or will require the extension of city services. He mentioned the Pueblo West pipeline project as well as the possible development of Pueblo Springs Ranch — a 24,000-acre proposed annexation north of the city.

Council approved the new regulations without much debate. Councilman Chris Kaufman asked for assurances the city’s broader power would not restrict business development and Kogovsek said it wouldn’t.

More infrastructure coverage here.