Wednesday, May 31, 2006

Fountain Creek lawsuit Here's an update on the lawsuit filed by Pueblo and the Sierra Club against Colorado Springs from the Pueblo Chieftain. They write, "Colorado Springs is contending again the Sierra Club and the Pueblo County district attorney have not shown they have the legal right to sue the city for polluting Fountain Creek. 'Plaintiffs claim injury, but do not identify any specific person who has suffered injury, let alone the actual, particularized injury required by law,' the city contended in a new court filing. Colorado Springs also contended that district attorneys have no authority under state law to bring the type of lawsuit Pueblo District Attorney Bill Thiebaut filed. The city made those contentions again, using somewhat different points, in its latest effort to convince a judge to throw out lawsuits, which were filed late last year in U.S. District Court. The plaintiffs previously disputed those contentions... "The city's contentions in the new court filing are part of its attack on the plaintiffs' legal standing to bring their lawsuits. To have legal standing, a litigant seeking court relief typically must establish having a personal stake in the litigation... "Colorado Springs argued that citizen lawsuits under the act may be brought only for ongoing or future violations. The discharges into the creek cited in the lawsuits 'took place at different locations for unrelated reasons and do not establish an actionable pattern of ongoing violations,' the city contended. Colorado Springs also contended the lawsuits should be dismissed under a legal doctrine that says court action may not be taken against violations that already have been adjudged. The state has already adjudged the alleged violations, the city argued, but the plaintiffs have argued the doctrine does not apply. U.S. District Judge Walker Miller has given no indication about when he may decide whether to throw out the lawsuits." Category: Colorado Water 6:15:54 AM     Runoff is early in 2006 Runoff is early and lower than expected across Colorado. Here's a report from the Colorado Springs Gazette. They write, "This year, though, runoff has been early. [Kevin Lusk, Colorado Springs Utilities' principal engineer] said that as of last week, twice as much water as last year was flowing into Twin Lakes, at the eastern foot of Independence Pass. The utility would like to see a slower, more controlled melt, because if the water rushes out of the mountains all at once, the utility's system of reservoirs and pipelines can't capture it all... "The Twin Lakes system, which captures water east of Independence Pass, is the city's 'bread-and-butter' water collection point, Lusk said. But the city also captures substantial runoff from its Homestake system, south of Vail, and from the Blue River system, south of Breckenridge. The water is stored in a chain of reservoirs and then shipped via pipelines to a pumping station in Divide. From there, the water can be sent to Rampart Range Reservoir and the North Slope reservoirs at the foot of Pikes Peak and then on to the Mesa water treatment plant. The high-mountain diversion system supplies about 50 percent of the city's water. Pikes Peak snowmelt accounts for an additional 20 percent, and the remainder comes from the Arkansas River and water exchanges. Lusk said the utility will know by the end of June or early July how much water it has collected and must then make that quantity last all year, with reserves set aside in case of emergency. As of last week, snowpack in the local Pikes Peak collection system was 60 percent of normal, reflecting the dry conditions along the Front Range. Snowpack in the high-mountain diversion systems was at or above the historical average. But because the snow is melting faster and sooner than normal, Lusk expects the utility will capture perhaps a bit less than last year. The utility recently lowered its forecast of water yield this spring from 137,000 acre-feet to 124,000 acre-feet, about what the mountains gave the city last year. One acre-foot is 325,851 gallons." Category: Colorado Water 6:07:33 AM     Unbridled growth vs. alluvial aquifers The Cherokee Water District will leave customers high and dry this summer unless they can produce more water from the Black Squirrel Basin than is allowed under water judge Dennis Maes' recent order, according to the Colorado Springs Gazette. From the article, "Cherokee Metropolitan District, which provides municipal services including water, Friday appealed a water judge's restrictions on how much the district can pump from the Upper Black Squirrel Creek Groundwater Basin. The Supreme Court decision will affect subdivisions on the drawing board in the fastgrowing area east of the city and could affect people who live or work in the area. Cherokee's board of directors, citing dry weather, on March 21 declared a 'water emergency' until more water becomes available. At Cherokee's request, the Supreme Court agreed to expedite the case. "Cherokee provides water to about 5,250 homes and 350 businesses in Cimarron Hills. It also serves the 300-acre Claremont Ranch development under construction and other developments east of the city, primarily along Marksheffel Road. Cherokee's boundaries run roughly east of Powers Boulevard, north of Platte Avenue and west of U.S. Highway 24. Cherokee's borders extend beyond the Black Squirrel basin. Some water pumped from Cherokee's wells in the basin is exported to Cherokee users outside the basin. Because the Black Squirrel water is part of the Arkansas River drainage, many laws and regulations apply that don't affect deeper aquifers that are not tributary to river systems. District 2 Water Court Judge Dennis Maes in March put limits on how much water Cherokee can export from the Black Squirrel basin. Cherokee's appeal says Maes improperly interpreted a 1999 agreement among the metro district, the basins managers and the state water engineer... "The Black Squirrel district in April demanded that Cherokee prove the amount of water it is exporting from the basin does not exceed the limit set by Maes. Last month, Black Squirrel's lawyers accused Cherokee of overpumping and threatened contempt-of-court proceedings against Cherokee for alleged noncompliance with Maes' order. Cherokee's court filings say the district has attempted to comply but finds Maes' order difficult to understand. Cherokee has asked the Supreme Court to allow it to continue pumping pending the outcome of the appeal. Cherokee's appeal also says the state water engineer's office changed its position about how much water Cherokee could pump from Black Squirrel basin after Cherokee had made water commitments to developers. Developers relied on the commitments to subdivisions in Cherokee's service area... "At Cherokee's request, El Paso County officials last year voted to allow some residential and commercial projects already in progress to continue despite the state water engineer's opinion. The county allowed 12 development projects to proceed while the courts sort out the mess. The final plats for those developments have a conditional footnote warning there may not be enough water for the projects. El Paso County commissioners since March 23 have delayed development in the Cherokee Metropolitan District until the district proves it has enough water to meet its commitments for planned homes and businesses. Watering restrictions in the Cherokee district will be enforced starting Thursday, said Kip Petersen, the district's general manager. He estimated the restrictions will save 1,000 acre-feet this year - about 326 million gallons. Homes and businesses will be limited to watering two days per week, he said. Firsttime offenders would get a warning, second offenses would result in a $50 fine and subsequent offenders would pay $150, he said. Meanwhile, Cherokee is looking for water sources outside the Black Squirrel Basin. Attorneys for Black Squirrel Basin and the state water engineer have until July 3 to file a response to Cherokee's brief, and the Supreme Court will decide the case later this summer." Category: Colorado Water 6:00:16 AM

© Copyright 2006 John Orr. Last update: 12/29/06; 11:43:08 AM.