Metro district issues letter to PW water users
By MIKE SPENCE
The Pueblo West View
In an effort to tell its side of the story and to keep the Pueblo West citizenry informed, the Pueblo West Utilities department released a letter to be included in the January water bills dealing with the metro district's pending suit against Pueblo County.
The metro district filed suit against Pueblo County last spring after the county commissioners required the metro district to participate in the Pueblo Flow Management Program to participate in the Southern Delivery Project. While county officials insisted metro district's participation would cost it no more than 20 to 30 acre feet a year, studies done by Colorado Springs Utilities estimated the metro district's water loss would be closer to 500 acre feet a year. The cost to replace that much water - if replacement water could be found, an iffy proposal in arid Colorado - was estimated at $5 million.
Metro district officials balked because the metro district had never participated in the flow management program in the past, had never agreed to participate and weren't informed until late in the county's 1041 permit process for the SDS project that it would be required to do so. The metro district followed the filing of the suit with an offer to settle. That offer included contributing 50 acre feet of water per year to the flow management program. As of this printing, county officials have not responded to the suit or to the settlement offer.
However, the lawyers for both sides continue to negotiate in hopes of avoiding a suit. Whatever progress has been made remains confidential between the parties, however.
While the negotiations are ongoing, officials at Pueblo West Utilities sought to press their case with the public by issuing the letter.
At the end of the letter, local residents with questions or comments were urged to contact Pueblo West Utilities at 719-547-3554 or the Pueblo County Commissioners representing Pueblo West, Jeff Chostner 719-583-6537 and John Cordova 719-583-6538. E-mail addresses for the commissioners are listed on the county's Web site., www.co.pueblo.co.us/bocc/.
PUEBLO WEST WATER USERS PROTECTING YOUR WATER
The following questions and answers have been prepared by the Pueblo West Utilities concerning participation in the Southern Delivery System pipeline project and the recent lawsuit instituted against Pueblo County.
- Why did Pueblo West sue Pueblo County?
The lawsuit was done reluctantly. Pueblo West felt it had no choice but to protect its citizens’ water and their legal rights. Water is one of our most critical resources, and we have a very limited amount.
For several years, Pueblo West has been working with the Southern Delivery System (SDS) project participants to create a second source of water for the community by hooking up to the pipeline to Colorado Springs. It will save money by sharing a single pipeline instead of Pueblo West building its own separate pipeline.
Unfortunately, in March of this year, Pueblo County, in the final negotiations with Colorado Springs Utilities (CSU) for conditions to build the SDS pipeline, unilaterally demanded a water flow requirement from Pueblo West to provide water in the Arkansas River for Pueblo’s recreational uses. We believe that requirement could cost Pueblo West a large, costly amount of water.
The lawsuit essentially argues that Pueblo County and its commissioners have exceeded their legal authority in their non-negotiable conditions related to Pueblo West water rights.
- How much water could be lost in the flow program?
Engineering studies commissioned by SDS participants make clear that Pueblo County’s open-ended demand for water could exceed 500 acre-feet, which in today’s water market, could cost Pueblo West residents over $5 million, if replacement water could be found at all.
Initially, Pueblo County claimed only 20 or 30 acre-feet of water would be required. Pueblo County now admits the amount of water may be 150 acre-feet of water in “drier years.” Not only is that more than a million dollar expense for Pueblo West ratepayers, but it is exactly in drier years that Pueblo West can’t afford to give up water. Kayaks are not more important than people. Because this community has little cushion in its water supply during the dry years, this could mean no new taps, no new schools or parks, businesses or jobs for the area.
- Is Pueblo West short of water?
While our water resources are sufficient for our 32,000 residents today, we were in a very short supply in the 2002-2003 drought, and supplies are inadequate for the expected growth in jobs and residents in the next few decades. We are the largest community in the county outside of the city of Pueblo - a fifth of the county’s population and tax base.
Pueblo West has only a fraction of the water of Pueblo Board of Water Works and CSU. Our approximately 6,000 acre-feet has been assembled over many years and with considerable difficulty. Pueblo just purchased an additional 5,000 acre-feet of water on the St. Charles Mesa to add to their large water portfolio, and the SDS project will provide Colorado Springs another 40,000 acre-feet for their supply.
- When did Pueblo West find out about the County’s flow requirement?
After several years of discussion with Pueblo County about pipeline construction and the conditions that would be required, the first time Pueblo West was notified that Pueblo County would insist on the flow requirement was Feb. 26, 2009. However, Pueblo West was told by CSU, heading up the negotiating team, that the condition would be removed in the final draft. But, the condition was not removed and Pueblo West immediately made its objection known. It strongly protested the condition at the only public hearing held on March 18. The Pueblo County Commissioners said the conditions were final and ignored Pueblo West’s concerns.
- Didn’t Pueblo West agree that Colorado Springs Utilities represented them and they accepted the flow agreement?
Colorado Springs Utilities did represent the participants in SDS in negotiations with the county concerning construction of the pipeline since they will pay for it (more than $800 million) and operate it, but they were not empowered to give up Pueblo West’s water rights and none of the conditions, up until the flow requirement was of direct harm to Pueblo West. In fact, Colorado Springs Utilities objected to the flow conditions being included. They argued it wasn’t required since Colorado Springs Utilities already participate in an intergovernmental agreement on this issue. Once CSU realized the condition was going to be included, they informed Pueblo West and said Pueblo West would need to make its own case to the county, which it did.
- Has Pueblo West offered to negotiate?
Although Pueblo West is very disappointed in the county commissioner’s approach, it has offered to negotiate on the issue. Our community is prepared to contribute some water to the river, but not the open-ended, multi-million dollar liability Pueblo County demands. An offer of 50 acre-feet was made May15, but the county has yet to make a comprehensive response. Negotiations continue.
- What else is Pueblo West doing to ensure its water supply?
Pueblo West is working to make our water system as efficient as possible. Reuse of a limited water supply is one of the most effective conservation strategies. We propose a major pump-back and reuse project, which will greatly extend our supplies. The project will also require permits from Pueblo County and we are discussing it with them during these negotiations. We are also considering a small reservoir above Pueblo Reservoir to store water during times Pueblo Reservoir is full or if a right to use the reservoir curtailed.
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