Retention ponds may be illegal

The Waldo Canyon fire destroyed hundreds of homes on the west side of Colorado Springs.

With a lack of trees and grasses to hold the water, the flooding soon followed, with Manitou Springs getting hit the hardest.

The solution to the flooding was to build retention ponds.

“Between the (U.S.) Forest Service and the different entities there’s well over 30,” said Theresa Springer of the Coalition for the Upper South Platte.

The ponds are designed to catch debris that flows out of the canyon. And they’re working.

Springer said, “on July 1st, we had four of these basins built. We caught in the first three to five minutes over 11,000 tons of debris.”

But there’s a problem.

Steven Witte of the Division of Water Resources explains what the problem is.

“Some of the structures that had been built created concerns for us in terms of water rights,” he said.

The ponds don’t hold much water, but that water is meant for users further downstream.

“If entities are retaining or detaining water for any amount of time, it could affect who that water would ultimately arrive to satisfy,” said Witte.

If the ponds are found to be illegal, they’ll have to be filled in.

Proponents say that without them, there could be more flooding like Manitou Springs saw in July, 2013.

Springer said, they’re the biggest tool in our toolbox.”

Witte says he understands the needs of the residents in western Colorado Springs, but he has to look out for everyone who relies on the water.

“Property owners who want to protect their property and the rub is that there’s also these water rights owners who want their interests protected,” he said.

He hopes that a solution can be found so both areas can see the water they need, and avoid the water they don’t need.

There’s a bill in the state Senate to bring the retention ponds into compliance.

It would allow retention basins to hold water for up to 72 hours without requiring agencies to replace the water.

The bill is listed as Senate Bill 212 and is sponsored by Sen. Jerry Sonnenberg, a Republican from Sterling.