Storm Water issues still dog SDS Pipeline project
PUEBLO — Colorado Springs Utilities has overcome major obstacles over nearly two decades to move the Southern Delivery System from a plan on paper to a pipeline in the ground.
The city-owned utility celebrated another historic milestone Friday: the start of major construction on SDS. The backdrop of the ceremony was the massive concrete wall of Pueblo Reservoir, where the 62-mile, $2.3 billion water pipeline starts.
“We can actually see a crane over there putting in concrete right now,” Utilities CEO Jerry Forte told dozens of dignitaries and guests, including Springs Mayor Steve Bach.
While Colorado Springs has made tremendous progress on SDS, the project still faces other challenges.
Utilities still must acquire about 120 properties where the pipeline will go. The project also lacks a “financing mechanism” similar to the now-defunct Stormwater Enterprise to maintain storm water and retention facilities as required under a crucial SDS land-use permit from Pueblo County.
John Cordova, chairman of the Pueblo County Board of Commissioners, which issued the so-called 1041 permit, said he remembers when the Colorado Springs City Council disbanded the Stormwater Enterprise following the passage of ballot Issue 300 in November 2009.
“We were shocked,” said Cordova, who attended Friday’s ceremony.
“We had never — and that must’ve been our fault — we hadn’t considered that the citizens of Colorado Springs would vote that enterprise out of existence,” he said.
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Former Colorado Springs City Councilman Richard Skorman, who was also at the ceremony, said Pueblo probably wouldn’t have issued the 1041 permit without the Stormwater Enterprise.
“Whether we did that the right way or not is another question, but we did it,” Skorman said.
The enterprise, which levied fees on property owners, was created without voter approval, generating anger among some residents. Opponents dubbed the storm water fee a “rain tax,” and some people refused — and continue to refuse — to pay their past-due fees.
Under SDS, water rates are expected to double by 2016, the same year the pipeline is expected to be in operation.
SDS was initially billed as necessary for expected growth in the Banning Lewis Ranch in eastern Colorado Springs. In fact, the pipeline ends near the property, which an oil and gas company wants to purchase for drilling, not to build houses. In recent years, with the future of Banning Lewis Ranch uncertain, Utilities has placed more emphasis on the need to provide water for future growth and for redundancy in the water system.
Cordova said Colorado Springs will have to figure out a solution to the storm water question. Storm water controls are needed because water moved to Colorado Springs by SDS will have major impacts on Fountain Creek and communities downstream, he said.
“We’ll be working with the new mayor and those folks and say, ‘Look, we do have a concern about this. Take it back to the voters or whatever you have to do.’ We really have to stress on them that you’re being, in my opinion, unfair to the communities downstream from you.”
Cordova said he’s unsure of the consequences.
“I couldn’t answer that question,” he said. “I’d have to get with the attorneys and have them scrub the SDS permit and the 1041 permit and see what we could do. Right now, we’re counting on logical people doing what should be done.”
Former Springs Vice Mayor Larry Small, now executive director of the Fountain Creek Watershed, Flood Control and Greenway District, said a study is underway to look at regional alternatives for storm water. The $37,500 study, which is being funded by the district, Utilities and the Pikes Peak Water Regional Authority, is expected to be finished late this fall, he said.
“Everybody recognizes it’s an issue,” he said. “The 1041 (permit) is going to require a solution to this problem.”
David Robbins, outside legal counsel for Utilities, said the 1041 permit is Colorado Springs’ responsibility but that storm water should be handled regionally.
“It rains on the Palmer Divide as much as it rains in Colorado Springs, and if everybody isn’t contributing to our retention, detention and control, the problems just are multiplied in the city of Colorado Springs.”
Robbins, who is legendary in Colorado water circles, also alluded to some wiggle room in the permit.
The permit requires Colorado Springs to have “a financing mechanism similar to the Colorado Springs Stormwater Enterprise” to insure that storm flows into Fountain Creek don’t increase “above existing conditions,” among other requirements.
“Remember, the permit was based upon the assumption that SDS would create additional storm water,” he said. “If that in fact doesn’t happen, if as building occurs the proper management techniques are used, there won’t be an additional impact even though SDS is bringing more water in.”
During Friday’s ceremony, speakers focused not on the challenges ahead but on what has been accomplished so far.
Bach, who spoke at the podium for about 30 seconds, less than anybody else, said SDS was a “tremendous example” of perseverance, ingenuity and partnerships.
Former Mayor Lionel Rivera, who was mayor during the most arduous SDS negotiations, said Friday was a “great day” not only for him personally but everyone in the region. He called SDS “one of the best legacies” of his term as mayor.
“It really was a tremendous team effort,” said Rivera, who spoke for about five minutes, longer than anyone else.
“SDS was a challenge moving forward, getting through all the obstacles, but it was something that we as City Council and Utilities Board always knew had to get done.”