SDS: Water treatment plant nearly finished — the Colorado Springs Independent

From the Colorado Springs Independent (Pam Zebeck):

It won’t be long before the new Edward W. Bailey Water Treatment cranks up to filter water coming from Pueblo Reservoir through the Southern Delivery System pipeline…

…a few weeks ago, we got the royal tour of the water treatment facility on Marksheffel Road from two operators — Chad Sell and Jay Hardison — who are as excited as little kids who just got new bicycles for Christmas. They’re happy because a redesign of the project placed most treatment processes under one roof, making it not only more efficient but much more convenient to be monitored by Colorado Springs Utilities staff.

SDS project manager John Fredell explains how Utilities got a good deal from bidders: “What we said is, ‘We want to see your value engineering ideas right up front.’ One said, ‘We can shrink this way down, put it all under the same roof and still deliver the same quantity and same quality of water, and we can do this with four miles less piping.’ Four miles!”

[…]

There’s nothing extraordinary really about the Bailey treatment plant, named for a former long-time Utilities water division employee. The plant uses a traditional processes of flocculation, sedimentation and ozone to filter water and deal with any taste and odor problems.

But there are certain design features that take the operators into account. For one thing, the plant can be controlled off-site by an operator using a mobile device. Also, access to the pipes below the various stages of treatment are readily accessible for maintenance and repairs. And, the plant will require only six employees on duty at any given time. It has a 10-million-gallon holding tank.

The plant is built so that it can be easily expanded from 50 million gallons a day to 100 million gallons, Hardison notes. “Here’s a pad for a future generator,” he says. “We can add another generator and go to 100, like for our great grandkids.”

While the whole system could become operational within just a few months, for now, operators are running it through the rinse cycle to be sure all is in working order. “So we’re currently testing all the processes out,” Hardison says. “We’re stopping and starting the plant, trying to get it fine-tuned. Plants run really well when they’re run all the time, continuously. If you stop and start, they’re not very good. We’re almost to the point where we will run it continuously.”

He adds that one thing operators will learn during the testing is the “bookends of the low end and high end” of what the plant is capable of.

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

SDS: Mayor Suthers tries to calm Pueblo councilor/commissioner complaints

Last section of pipe for Southern Delivery System photo via The Colorado Springs Gazette
Last section of pipe for Southern Delivery System photo via The Colorado Springs Gazette

From KOAA.com (Jessi Mitchell):

A Colorado Springs delegation, headed by Mayor John Suthers, took a trip to Pueblo Monday, and stormwater was the topic of discussion with both Pueblo County commissioners and city councilors.

Commissioners talked with the Springs leaders at length about a new inter-governmental agreement that will make sure stormwater management is a priority for years to come. They are working quickly to finalize the details before turning on the Southern Delivery System…

So Colorado Springs and Pueblo County are talking it out. On Monday, Suthers showed off all his city’s progress towards stormwater management since he was elected last year, with a new $19 million a year mitigation plan. He says unlike broken promises in the past, an additional inter-governmental agreement will ensure those measures continue beyond his tenure, with assurances to spend more than $200 million on stormwater in the first decade.

Suthers says, “Rather than having the voters say, ‘no we don’t want to pay this,’ we will be contractually, and by court order, obligated to have a sustainable, appropriately funded stormwater system.”

Pueblo County commissioners still want more input in which stormwater mitigation projects come first, namely the ones that directly impact their constituents, but the governments say they are working together better now than ever before. “Hopefully reasonable people can find reasonable solutions without having to go to court,” says McFadyen, “and likely that will be an inter-governmental agreement with enforceability clauses that both parties can agree on.”

“These are tough problems,” admits Suthers, “but they need to be resolved and I think both sides definitely want to resolve them.”

The Colorado Springs group also presented to Pueblo city councilors Monday evening, talking specifically about Fountain Creek and the funds they have given to help dredge the sediment built up over the past year.

From the Colorado Springs Independent (Pam Zebeck):

Mayor John Suthers got an earful from Pueblo County commissioners Monday after laying out the city’s plan to deal with its stormwater problem.

The city is in a tiz, because Pueblo County now has leverage to force the city of Colorado Springs to make good on past promises to control storm runoff, which empties into Fountain Creek and brings sediment rushing down to Pueblo. The creek, overwhelmed by flood waters, already has claimed hundreds of acres of farmland.

Now, as Colorado Springs gets ready to activate the Southern Delivery System pipeline from Pueblo Reservoir, it must meet requirements of a construction permit, commonly called a 1041 permit, granted by Pueblo County in 2009.

On top of that, the city is facing a federal consent degree or court order to comply with federal Clean Water Act requirements for its stormwater system due to years of noncompliance.

“We’re going to solve this problem and not kick the can down the road,” Suthers told commissioners Monday afternoon at a meeting in Pueblo. “A federal consent decree or judgment cannot be ignored, and neither can an IGA [intergovernmental agreement] with Pueblo.”

Pueblo County Commissioner Terry Hart noted the Springs has “breached” promises to deal with stormwater in the past, most notably by doing away with the Stormwater Enterprise in late 2009. Suthers noted that came after a ballot measure was approved by voters, which essentially required the city deep-six the enterprise. He said the city’s new scheme, to carve out $16 million a year from the general fund with another $3 million a year contributed by Colorado Springs Utilities for 10 years, doesn’t rely on voter approval.

But Hart wants the IGA to extend well beyond 10 years. In fact, he proposed the IGA last for the life of the SDS project, which could be 30 to 40 years.

He also asked if Colorado Springs was willing to suspend activation of the SDS pipeline until the IGA is worked out. Not likely, Suthers said, due to warranties on the components of SDS.

Hart also suggested the city pump more money into Fountain Creek restoration beyond $50 million agreed to as part of the 1041 permit.

Suthers said he’s “nervous” committing the city “into perpetuity” but said an IGA could be hammered out that allowed for additional terms beyond 10 years if certain triggers are met.

Pueblo County Commissioner Sal Pace asked if Colorado Springs could commit a substantially greater amount per year than the $19 million now identified under the IGA, to which Suthers said the amount could go up to $25 million per year based on inflation. But he noted that huge increases, such as up to $50 million a year, aren’t likely.

On one thing everyone seemed to agree: The solution doesn’t lie in another court battle. Hart noted Colorado Springs could outspend Pueblo in court, and Suthers later told media that a lawsuit isn’t the answer. That said, Hart said he wants an “enforcement mechanism,” should Colorado Springs yet again fail to meet its promises, such as the authority of Pueblo to stop flows through SDS for noncompliance. That idea seemed to be a non-starter, although Suthers was willing to discuss another demand by Hart — to allow Pueblo County officials to participate in negotiations with the Environmental Protection Agency and the Justice Department regarding its noncompliance with stormwater discharges.

Suthers said he hopes to iron out an IGA within the next 30 days.

From The Colorado Springs Gazette (Billie Stanton Anleu):

Pueblo County commissioners were gracious but appeared unappeased Monday by Colorado Springs leaders’ promises to resolve stormwater issues that have hit downstream communities hard.

And the Pueblo City Council, in a symbolic gesture, unanimously passed a resolution Monday night to support county efforts to hold Colorado Springs accountable for stormwater problems along Fountain Creek and recommend a 10-year plan in exchange for allowing Colorado Springs Utilities to keep its 1041 permit and commence with the Southern Delivery System…

Work on the first priority project, a detention pond on Sand Creek, starts next week. Colorado Springs has hired Richard Mulledy, a professional engineer who previously worked for the City of Pueblo and most recently has been deputy director of water resources for Matrix Design Group in Colorado Springs, as Stormwater Division manager. He starts work Feb. 22.

While Colorado Springs leaders outlined a long list of measures being undertaken to address the stormwater issue, officials with Colorado Springs Utilities and the city remained baffled by the intertwining of what they see as two separate measures.

Utilities has met every condition of its 1041 project, said SDS Director John Fredell. On April 27, the project is to start pumping 5 million gallons of Arkansas River water a day initially from Pueblo Reservoir to Pueblo West, Colorado Springs, Security and Fountain.

Colorado Springs, meanwhile, is negotiating with the U.S. Environmental Protection Agency, which accused the city in October of neglecting stormwater needs for years. A two-day EPA inspection turned up deteriorating infrastructure, inadequate inspections and excessive sedimentation, among other problems.

At stake is the city’s own water permit.

The effort to hold Utilities’ 1041 permit ransom because of municipal stormwater failures by Colorado Springs is mixing apples and oranges, Suthers and Fredell noted. But Pueblo city and county leaders see the permit for the $825 million SDS as the best bargaining chip to get what they want.

When Suthers assured Pueblo city leaders that more than $250 million worth of stormwater work would be done in 10 years, newly elected Pueblo City Councilwoman Lori Winner cited a CH2M Hill engineering study from 2013 saying the stormwater needs amounted to more than $500 million.

“It’s really a wish list,” Suthers said. “The voters are not going to give me $50 million a year. I don’t want to make any agreement contingent on whether (local anti-tax activist) Doug Bruce likes it or not.”

Because Colorado Springs voters repeatedly voted down stormwater measures in recent years, as Bruce exhorted them to oppose the “rain tax” in 2014, Suthers and the council decided to pay for that need directly from the city budget. The fire and police departments were squeezed and raises frozen in the 2016 budget to find the money.

“I’ll never come up with $500 million,” Suthers said in a rare show of exasperation. “There’s just no way in hell.”

The Pueblo commissioners repeatedly intoned the need for solid enforcement measures in any intergovernmental agreement.

“We as a community have heard a lot of promises from your community for a very long time,” Commissioner Terry A. Hart said. ” . Whatever we do going forward, we can’t base it on mere promises.”

The only “silver lining” in the city’s problems with the EPA is that any resulting federal decree will serve as a mandate, ensuring that the pact with Pueblo County is enforced, Suthers said.

Another enforceable provision would be to designate Utilities, as a long-time city enterprise, to meet the financial requirements through its annual “excess revenue” returns to the city if Colorado Springs failed to meet its stormwater obligation.

Hart questioned whether a fifth branch of Utilities couldn’t be created to handle stormwater. But that would require a change in the City Charter, approval by Colorado Springs voters, who have opposed all recent stormwater measures, and other complex machinations involving ratepayers who don’t live in the city, said Andres Pico, chairman of the Utilities board.

Commissioner Sal Pace questioned whether the SDS couldn’t be turned off if sufficient stormwater work isn’t done, or whether the project could be delayed while a new agreement is drafted.

Neither idea is feasible, however. The SDS is a sprawling system with water treatment plants, pumping stations and precise chemical requirements that cannot be stopped once it gets started. And the notion of delaying it would cause Utilities to lose time on its warranties, some on millions of dollars worth of work and equipment, Suthers said.

Asked what would happen after a 10-year agreement, the mayor said language could be added to renegotiate the pact every 10 years, with a clause for inflationary increases.

“We’re going to continue our negotiations with the county and everybody else involved and try to resolve this issue,” Suthers said Monday evening.

As for the commissioners’ questions earlier in the day, he said, “I thought they brought up good points that can be the basis for more negotiations.”

Stormwater control ‘lumped in’ with SDS — The Pueblo Chieftain

Fountain Creek
Fountain Creek

From The Pueblo Chieftain (Chris Woodka):

John Fredell, project director for Southern Delivery System, last week tried to build a case that the EPA’s enforcement action on the failure of Colorado Springs to maintain stormwater control is unrelated to SDS.

He told the Pueblo Board of Water Works that Pueblo County’s 1041 permit for SDS only applies to ensuring new development won’t increase Fountain Creek flows.

“It’s not all lumped into SDS,” Fredell said, trying to convince the water board of his position.

But a review of the history leading up to the county’s 1041 permit shows he is wrong.

The first sentence of condition No. 23 in the 1041 permit indeed mimics the incremental approach taken by the Bureau of Reclamation, holding Colorado Springs liable for new development as a result of SDS. That’s exactly the point Fredell made.

Further on in the condition, however, it states:

“Regulations shall comprehensively address peak flow conditions, runoff volumes, and flood hazards, incorporating at a minimum all relevant components of existing regulations of Colorado Springs.”

It also calls for maintaining all structures and complying with stormwater permits, things the EPA says Colorado Springs has not done.

Presumably, those regulations would not apply only to new growth, but to the entire city of 186 square miles that already exists — 20 percent of the Fountain Creek watershed.

Beyond that, Fountain Creek was always a big part of SDS.

Stormwater permits and the need to control flows into Fountain Creek are mentioned in the 2004 intergovernmental agreement that was used to get support for SDS from the city of Pueblo and the Pueblo Board of Water Works. On its face, Colorado Springs’ lapsed performance appears to put it in violation of the IGA.

When the Fountain Creek Vision Task Force began meeting in 2006, many conversations mentioned the increased flows that would occur when SDS was in operation. Planning for more flows was added to an ongoing effort to deal with flows that already had increased as Colorado Springs grew from the 1970s on.

The demise of Colorado Springs’ stormwater enterprise was foreseen by Pueblo County’s attorney in comments in 2008 as the environmental impact statement for SDS was being prepared by Reclamation.

Reclamation did not consider the possibility, saying comments about stormwater were unrelated to the federal permit in its responses. The record of decision that approved SDS made the assumption the stormwater enterprise would stay in place before and after the project was built.

So Pueblo County put additional assurances that Colorado Springs would be responsible for controlling water going into Fountain Creek. It also required the city to pay $50 million to a district that had not yet been created.

The Fountain Creek Watershed Flood Control and Greenway District was formed by the state Legislature in 2009 to improve Fountain Creek and administer those funds, and has taken Utilities to task over the timing of payments.

The county’s 1041 regulations also were written and adopted when a stormwater enterprise that generated $15.8 million in revenue annually already was in place.

More coverage from Chris Woodka writing for The Pueblo Chieftain:

Who said this?

“The City of Colorado Springs is moving forward to address long-term stormwater management.”

No, it wasn’t Colorado Springs City Council President Merv Bennett talking to the Pueblo Board of Water Works last week. The above quote came from Mayor Lionel Rivera during a presentation by Colorado Springs Utilities officials to the Pueblo City Council on July 11, 2005.

They were there to assure Pueblo that Colorado Springs was dead serious when it came to living up to the conditions of an Intergovernmental Agreement signed a year earlier. An agreement that would eventually pave the way for the construction of the Southern Delivery System.

More than a decade later, Colorado Springs Utilities and political leaders are back in town trying to head off a rising tide of outrage in Pueblo County that has been bubbling up the last two months. In November, Colorado Springs learned it faces Environmental Protection Agency enforcement action for failing to meet the minimum requirements of its state stormwater discharge permit.

“They come down here and tell us what they think we want to hear, and then they do nothing,” said Lower Arkansas Valley Water Conservancy District General Manager Jay Winner. “How many times are we going to let that happen?”

Last week, the Pueblo Board of Water Works and Lower Arkansas Valley Water Conservancy District heard what Colorado Springs had to say for itself. This week, Pueblo County commissioners and Pueblo City Council will get more of the same.

On Monday, Colorado Springs Mayor John Suthers and others is scheduled to meet with commissioners at 1:30 p.m. and with City Council at 7 p.m.

What Colorado Springs is offering involves more than lip service. There are real dollars on the table.

The city will double the size of its stormwater staff by the end of 2017, and a new stormwater director will be on board within a month. About $12 million a year will be spent on capital projects to begin to address a $535 million backlog, and $7 million for maintenance. There is another $1.5 million from other city departments directed toward maintenance.

There will be 70 actions to meet the deficiencies outlined in the EPA audit, Utilities reported.

Several slides in the Colorado Springs presentation show before and after photos of neglected drainage ditches that were highlighted in the EPA audit.

Not everyone’s convinced this is a step forward.

“Those trees in the drainage ditches must have been growing for two years to reach that size,” Winner said. “When you look at the numbers they’re throwing around, you have to wonder what happened during the seven years they didn’t have a stormwater enterprise. Are they just playing catch-up, or is this a real improvement?”

That’s been a common pattern, a review of documents about stormwater collected over the past 11 years reveals.

For instance, the progress report of stormwater improvements given to Pueblo City Council in 2007 are identical to a list of unfinished business presented to Colorado Springs City Council in 2009 as it was demolishing the stormwater enterprise after it had been operating for two years on a $15.8 million annual budget. The list of most critical projects then totaled about $40 million and none of them had been touched.

The total backlog was about $500 million.

Although the Lower Ark district, then-Rep. Sal Pace, county commissioners and other local officials pressured Colorado Springs on stormwater, there was little action for two years. The city adopted a new strong-mayor form of government and its council membership completely turned over in a four-year period. At one point, the city failed to send an elected representative to meetings of Fountain Creek district for six months in 2011.

Finally, in 2012, the city’s attorney advised then-Mayor Steve Bach that, in his legal opinion, Colorado Springs ought to be spending at least $13 million annually to control stormwater. Colorado Springs City Council and El Paso County commissioners answered by forming a regional stormwater task force, which Bach opposed on the grounds that Colorado Springs should manage its own storm systems, ultimately dooming regional stormwater control.

By 2014, the $500 million project list was scrapped after a stormwater task force decided it was old and outdated — largely because of new damage from the Waldo Canyon Fire in 2012 and to a smaller degree, the Black Forest Fire in 2013.

In a new study, CH2MHill came up with 239 projects totaling almost $535 million in Colorado Springs, carefully weeding out obsolete and duplicated projects. Of those, 44 totaling $160 million were called high priority, which indicated there are public health or safety issues evident, according to the engineers’ report.

The regional cost, which included all needed work on Fountain Creek and its tributaries in El Paso County, was $723 million.

Later in 2014, El Paso County voters rejected a proposal by the task force to raise $40 million annually with a regional drainage district to address all those issues.

The huge backlog was mentioned at both the water board and Lower Ark meetings, with some trying to do the math at how long it would take to address the problems if the $12 million annual capital expenditure stays in place — say 40 or 50 years.

But Colorado Springs backs away from saying those lists will ever be completed or that they even mean anything.

At the Lower Ark meeting last week, Colorado Springs Utilities consultant Mark Pifher called the $534 million figure a “wish list,” insisting that projects with the highest priority would be tackled first. Utilities board Chairman Andy Pico told the water board that work will start soon on the highest priority projects.

Meanwhile, Colorado Springs has found the $841 million needed to build SDS, a project that will supply the city with the water it needs for the next 40 years, completing all major construction in just five years.

“They’ve done what they wanted to do, while doing the minimum to comply with their obligations to Pueblo,” Winner said. “How much longer are we going to put up with that?”

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.”

LAWCD board meeting recap: Shut down SDS

Fountain Creek Watershed
Fountain Creek Watershed

From The Pueblo Chieftain (Chris Woodka):

Colorado Springs Utilities claims that violations of federal stormwater standards are not related to permits for the Southern Delivery System being contested by the Lower Arkansas Valley Water Conservancy District.

“Documents for the (Bureau of Reclamation’s) Record of Decision refer to the stormwater enterprise numerous times, so to me there’s a tie,” Lower Ark General Manager Jay Winner told the board Wednesday.

The Lower Ark board agreed, and fired off two letters to regulatory agencies requesting to delay SDS until stormwater issues are solved. They ask for protection for Pueblo and other downstream communities from Fountain Creek flows that have been increased by decades of growth in Colorado Springs.

The first — brought to the board by Winner and Pueblo County board members Melissa Esquibel and Anthony Nunez — asks Reclamation to review its contract for SDS and suspend it until Colorado Springs proves it has a stormwater control plan in place.

The second letter — drafted by attorney Peter Nichols at Winner’s request — is to Pueblo County commissioners and cites provisions in the Record of Decision and Pueblo County’s 1041 permit for SDS that require Colorado Springs to meet all federal, state and local permits, regulations and laws. John Fredell, the director of the SDS project, tried to make the case Tuesday to the Pueblo Board of Water Works that the enforcement action by the Environmental Protection Agency against Colorado Springs has nothing to do with SDS.

That viewpoint was echoed Wednesday by Mark Pifher, a Colorado Springs consultant, at the same time as he enumerated renewed efforts by Colorado Springs to beef up stormwater control.

Pifher touted that new leadership in Colorado Springs is committed to correcting the errors that led up to the EPA action.

Winner wasn’t buying it.

“We listened to ‘there is a real commitment’ in 2005, when (water chief) Gary Bostrom, (council members) Lionel Rivera, Larry Small and Richard Skorman came here and told us the same thing,” Winner said. “We tried to get an IGA so there would be an enforceable document.”

Winner said the commitment appears to come and go depending on who is elected, and doubted whether the current plan to fix stormwater control would stay in place after the next cycle.

Nichols questioned whether the $19 million Colorado Springs has committed to stormwater control would come close to the $600 million in needs identified by one study.

Pifher tried to deflect that by saying many of the projects identified fall into the category of a “wish list,” while the action plan now under consideration addresses the most critical projects.

“We’re skeptical,” Nichols said.

Both letters tie the current EPA enforcement action to the Record of Decision and 1041 permit, saying the violation of the federal stormwater permit alone should trigger denial of use of SDS by Colorado Springs.
Winner added that there is no acknowledgement by Colorado Springs that flooding on Fountain Creek is a result of unchecked growth upstream.

#Colorado Springs Issue 300 abolishing permanent stormwater funding, “the definition of hoodwink” — Jay Winner

Fountain Creek erosion via The Pueblo Chieftain
Fountain Creek erosion via The Pueblo Chieftain

From The Colorado Springs Gazette (Billie Stanton Anleu):

Colorado Springs city and Utilities officials on Tuesday fended off another in a rash of recent challenges to the massive Southern Delivery System water project, scheduled to start operating April 27.

The Pueblo Board of Water Works agreed to table for one month a resolution supporting Pueblo County efforts to require guaranteed stormwater funding if the SDS is to keep its hard-won 1041 permit.

Pueblo County issued that permit only after Colorado Springs Utilities spent years negotiating and crafting complex agreements with county, local, state and multiple federal agencies.

It’s the key to the $829 million SDS, one of the biggest modern-day water projects in the West, geared to deliver up to 50 million gallons of water a day to Pueblo West, Colorado Springs, Fountain and Security.

But Utilities’ massive project and its 1041 permit are not to be confused with the city of Colorado Springs’ beleaguered MS4 permit, SDS Director John Fredell told the Water Works board.

The city’s MS4, or Municipal Separate Storm Sewer System permit, is vulnerable since longtime neglect of critical stormwater controls led the U.S. Environmental Protection Agency to cite the city in October with multiple violations.

For years, Colorado Springs hasn’t properly enforced drainage regulations, conducted adequate inspections, required developers to provide enough infrastructure or maintained and operated its own stormwater controls adequately, EPA inspections in August concluded. [ed. emphasis mine]

Now city officials are negotiating with the EPA and the Department of Justice to maintain the MS4 permit. They don’t deny the EPA’s claims. Indeed, they had discussed the problems and started scrambling for solutions shortly after John Suthers was sworn in as mayor last June, months before the EPA inspections.

Fountain Creek Watershed
Fountain Creek Watershed

But downstream Pueblo County has been a prime victim of Colorado Springs’ failure to control stormwater surging through Fountain Creek and its tributaries. And the county holds the 1041 permit, which some believe could be used as leverage.

As Colorado Springs development has sprawled farther, more sponge-like land has morphed into impermeable pavement, leaving stormwater roiling across the terrain.

Sediment in Fountain Creek has increased at least 278-fold since the Waldo Canyon fire in 2012, pushing water levels far higher, reported Wright Water Engineers Inc. of Denver, contracted by the county. [ed. emphasis mine]

Sediment grew from 90 to 25,075 tons per year while water yields increased from 2,500 to 4,822 acre-feet, the engineers found. [ed. emphasis mine]

City and Utilities officials have been meeting with those engineers and their own consulting engineering firm, MWH Global, to prioritize projects.

They’ve developed a list of 73, including 58 projects recommended by Wright Water, said city Public Works Director Travis Easton. Work on the first of those commences next week, with detention ponds to be developed along flood-prone Sand Creek near the Colorado Springs Airport.

But skepticism lingers in Pueblo County, despite that effort plus creation of a new Stormwater Division, more than doubling the number of city inspectors and enforcement staff and the vow to dedicate $19 million a year to stormwater solutions.

They’ve heard promises before, Water Works board members noted Tuesday. They want a guaranteed, ironclad source of funding to stanch the stormwater that inundates their communities. And they want it yesterday.

“History’s important,” said Dr. Thomas V. Autobee, a Water Works board member.

Jay Winner, executive director of the Lower Arkansas Valley Water Conservancy District, had threatened in August to file a federal lawsuit against Colorado Springs for violations of the Clean Water Act.

Tuesday, Winner reminded the water board of how the then-Colorado Springs City Council eradicated its stormwater enterprise fund in 2009 – soon after the 1041 permit was issued – “the definition of hoodwink.”

Voters had just passed Issue 300, requiring payments to city-owned enterprises to be phased out. The subsequent council vote still rankles downstream Fountain Creek denizens.

Still, that fund never provided more than $15.8 million, Fredell noted. By contrast, the city and Utilities now are determined to spend more than $19 million a year on stormwater for at least 10 years.

They’re working on an intergovernmental agreement that would provide the guarantees Pueblo County seeks.

“Enforceablity is always an issue,” Mark Pifher, SDS permitting and compliance manager, told the Water Works board. “But we’re in discussion with the EPA and Department of Justice. The handwriting is on the wall. There will be either a consent decree or a federal order, and nothing is more enforceable.”

“If we can work this draft into something sustainable,” Autobee said, “that’s what I’d like to see.”

Board Chairman Nicholas Gradisar said he’s encouraged by the city and Utilities’ concerted efforts and swift action. “What I’m not encouraged by is the inability to come to agreement with Pueblo County.”

Gradisar said the funding must be guaranteed in perpetuity, not only 10 years, with an enforcement mechanism that doesn’t require a federal lawsuit.

Suthers, City Council President Merv Bennett and Utilities officials will meet with the Pueblo County Board of Commissioners at 1:30 p.m. Monday to continue discussions on the fate of the 1041 permit.

That meeting is in commission chambers at the old downtown Pueblo County Courthouse, 215 W. 10th St.

That night, the Pueblo City Council is to decide on a resolution similar to that tabled by the Water Works Board. It would support the county’s efforts to obtain sustained stormwater funding from Colorado Springs.

The council meets at 7 p.m. Monday at City Hall, 1 City Hall Place, in Council Chambers on the third floor.

More coverage from Chris Woodka writing for The Pueblo Chieftain:

The Pueblo Board of Water Works decided to wait a month before dipping its toes into the fray between Colorado Springs and Pueblo County over the Southern Delivery System.

The board tabled a resolution demanding a permanent funding mechanism for stormwater control on Fountain Creek in connection with Pueblo County’s 1041 permit with SDS, after testimony muddied the waters.

After SDS Project Director John Fredell tried to convince the water board that the two issues are not related, Jay Winner, general manager of the Lower Arkansas Valley Water Conservancy District cried foul.

“When you talk about stormwater, it’s not about the law or politics,” Winner said, turning to Colorado Springs oŸcials and inviting them to look at the damage along Fountain Creek in Pueblo. “The people are the ones getting injured. You need to do something about stormwater. You people are causing the issue.”

Winner said the Lower Ark district has tried for more than a decade to get Colorado Springs to agree to permanent funding.

Colorado Springs City Council President Merv Bennett, under questioning by water board President Nick Gradisar, admitted that Colorado Springs has not been in compliance with its stormwater permit. He, along with Colorado Springs Councilman Andy Pico and Public Works Director Travis Easton, explained in detail how the city would spend $19 million annually to address stormwater control.

About $12 million would go toward capital costs and $7 million to maintenance.

“It’s not only for downstream users, but for the benefit of Colorado Springs,” Bennett said. “We’re not waiting.
We’re moving forward.”

Colorado Springs is trying to negotiate a 10-year agreement with Pueblo County to ensure the funds stay in place.

Part of the water board’s resolution was to support Pueblo County in the bargaining.

Gradisar questioned whether that would go far to cover $500 million in identified stormwater projects, and blamed politics for the failure of past efforts to fund flood control.

“Left to its own devices, Colorado Springs Utilities would have taken care of these problems,” Gradisar said.

Southern Delivery System route map -- Graphic / Reclamation
Southern Delivery System route map — Graphic / Reclamation

“But your voters . . . they probably wouldn’t have passed SDS.”

Water board member Tom Autobee brought up the issue of the $50 million Colorado Springs Utilities promised to pay to the Fountain Creek Watershed Flood Control and Greenway District when SDS goes on line.

Fredell explained that the SDS pipeline, pumps and treatment plant still are in testing, so Utilities does not believe the payment is due until 2017 under the 1041 agreement. Fountain Creek district Executive Director Larry Small, a former Colorado Springs councilman, said it should have been paid last week.

Fredell argued that stormwater control is not a condition of the 1041 permit, since the permit deals with new growth related to SDS.

Since SDS is not serving customers, it does not apply, he said.

“But the damage is being caused now, what happens with SDS,” Gradisar replied?

That drew a reaction from Pueblo West Metropolitan District board member Mark Carmel, who questioned whether SDS was just a speculative venture for Colorado Springs. He called for reopening the entire 1041 permit to incorporate new concerns.

Water board member Mike Cafasso said the draft resolution presented at Tuesday’s meeting could be improved and moved to table it. Other board members agreed to take it up again at the board’s February meeting.

SDS — American Infrastructure Magazine “Water Project of the Year”

Colorado Springs circa 1910 via GhostDepot.com
Colorado Springs circa 1910 via GhostDepot.com

From American Infrastructure Magazine (Genevieve Smith):

Not many cities can claim their infrastructure was of leading concern from the beginning, but Colorado Springs is one of them. Concrete evidence was left in a time capsule by one of the city’s founding engineers, Edwin W. Sawyer, via documents dated in 1901 which state, “It seems to me that nothing except the lack of water can stop the growth of a city so desirable for residence as this…Our people are becoming aroused to the need of securing at once all the available reservoir sites and water rights…”

Southern Delivery System route map -- Graphic / Reclamation
Southern Delivery System route map — Graphic / Reclamation

Continuing in the same water-conscious spirit as those earlier citizens, three different mayors and at least eight previous city councils have been involved and invested in the planning of the Southern Delivery System, American Infrastructure magazine’s Water Project of the Year.

Awarded for its forward-thinking and comprehensive approach to water management, the regional project will be built in phases through 2040 based on customer demands, and will bring water from Pueblo Reservoir to Colorado Springs and partner communities, Fountain, Security, and Pueblo West.

The project is more than a simple fix for major pipelines that are now over 50-years-old and nearing capacity; Jerry Forte, the current CEO of Colorado Springs Utilities, hopes that this project “will serve as an engine, driving more efficiency, effectiveness, and reliability in our system.”

The new north outlet works at Pueblo Dam -- Photo/MWH Global
The new north outlet works at Pueblo Dam — Photo/MWH Global

Phase I, which is now under construction, will transport water from Pueblo Reservoir through approximately 50 miles of underground pipeline, and is on schedule for April 2016. The project is estimated to cost $841 million at completion (thus far, under budget by $156 million)…

The four-part Water Resource Plan, of which the SDS is the major component, includes conservation, non-potable water development, existing system improvements, and major water delivery systems (the SDS itself). After the 2002 drought heightened public awareness of water scarcity, Colorado Springs has been able to make improvements to increase the efficiency of the existing water system before constructing SDS. Today, their per capita residential water use is among the lowest in the region. Colorado Springs also has the second-largest nonpotable water system in the state and has expanded their use of non-potable water in recent years.

Fountain Creek Watershed
Fountain Creek Watershed

Like any other project, this process hasn’t gone without headaches. However, clearing some of these hurdles was no easy feat, including dozens of permits and an Environmental Impact Statement that took almost six years to complete. In order to mitigate concerns that the proposed SDS would cause damage to Fountain Creek and surrounding wetland areas, a significant portion of the $1.4 billion overall cost of the project is a $75 million in wastewater system improvements to help prevent wastewater spills into Fountain Creek, a $50 million payment to the newly formed Fountain Creek Watershed Flood Control and Greenway District; additional payments will be allocated towards various mitigation and flow maintenance programs on Fountain Creek in the future.