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.
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.
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.”
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.”
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.
A draft environmental assessment statement has been completed for a proposed 7-megawatt hydroelectric plant at Pueblo Dam.
The Bureau of Reclamation is accepting comments until Jan. 30 on the project.
The project is a joint eort of the Southeastern Colorado Water Conservancy District, Colorado Springs Utilities and the Pueblo Board of Water Works.
Two generators designed to operate at both high and low flows would be constructed on the North Outlet Works, which was built as part of the Southern Delivery System. A separate connection for hydropower was included in the design.
Electrical generation would not consume any water, operating on flows that already are released from the dam.
The Western Area Power Administration would have first opportunity to purchase power, which would be available to Black Hills Energy or Utilities if WAPA declines.
However, the power lines would be connected to the Black Hills substation that provides electricity to the Juniper Pump Station that provides power for SDS to pump water to Pueblo West and El Paso County.
The assessment notes there would be potential temporary impacts on air quality, water quality and wildlife (including some fish die-o) during construction.
Long-term eects would be less noticeable and not significant, because the flows into the Arkansas River, state fish hatchery, South Outlet Works or the SDS pipeline are not altered, according to the document.
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…”
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.”
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.
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.
Plans for a federal lawsuit against Colorado Springs over Clean Water Act violations are being shelved until state and federal agencies show how stormwater violations will be handled.
But the Lower Arkansas Valley Water Conservancy District still intends to be active and urge the city and county of Pueblo to join in assuring that Colorado Springs controls stormwater pollution of Fountain Creek, possibly by blocking the startup of the Southern Delivery System — the $841 million water pipeline scheduled to go online next year.
“We can’t sue, because both the state and federal government are taking enforcement action,” attorney Peter Nichols told the Lower Ark board Tuesday in a work session. “They’re not going to go away. This is not going to be a slap on the wrist.”
The Environmental Protection Agency last month revealed Colorado Springs is in violation of its state permit to discharge stormwater into Fountain Creek. The EPA said Colorado Springs is not spending enough or enforcing its own policies when it comes to stormwater after an audit showed the city made no progress in a two-year period.
“It may be a coincidence, but the EPA did an audit and found everything we found and more. They have more resources,” Nichols said. “When you look at the appendices (to the audit), there’s some egregious [stuff] in there.”
Most likely, that will lead to a federal court case with compliance from Colorado Springs or the possibility of daily fines of up to $37,500 for each violation. It’s unusual for a city to be cited, said Nichols, who was once director of the Colorado Water Quality Control Commission, which enforces permits.
“There are aggressive and tight requirements of what a city has to do,” Nichols said. “The penalties are held in abeyance so long as the violator complies with them.”
Nichols provides a memorandum showing similarities between the Lower Ark’s findings, compiled over the past five years, and the EPA audit, which include lack of funding, maintenance and enforcement of basic stormwater measures.
“We were a voice in the wilderness several years ago, but when we filed an intent to sue, the EPA paid attention,” Nichols said.
“So we care about it, but the city and county of Pueblo don’t?” asked Lower Ark board Chairman Lynden Gill.
One of the provisions of Pueblo County’s 1041 agreement in 2009 with Colorado Springs for SDS requires compliance with all county, state and federal regulations. It’s also one of the provisions in a 2004 intergovernmental agreement (Article VI, No. 8) among Pueblo, Colorado Springs and the Pueblo Board of Water Works.
General Manager Jay Winner pointed out that the district’s criticism has fallen on deaf ears with federal agencies related to SDS as well.
Those include the Bureau of the Reclamation, which approved the use of Lake Pueblo for SDS. Winner wants to reopen the federal process, which was mostly completed prior to abolishment of the stormwater enterprise by Colorado Springs City Council in late 2009.
Reclamation approved a contract for SDS in 2010, even after objections were raised that there was no stormwater enterprise. The only remedy suggested in the documents related to the contract, such as the environmental impact statement, is a vague “adoptive management plan” that is supposed to kick in when violations for things such as water quality violations occur.
“We’ve seen these happening for a long time,” Winner said. “It seems to me the EIS is based on bad information.”
Nichols added the district also can remain involved in questioning whether the violations cited by the EPA could aect the Clean Water Act Section 401 and 404 federal permits issued for SDS.