Fort Collins firm sued in ditch dispute

Feds point to deal in 1907 to cover damage inside park

Sara Burnett, Rocky Mountain News

Published September 1, 2006 at midnight

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Federal authorities sued a Fort Collins water supply company Thursday for damage caused when one of its ditches overflowed in Rocky Mountain National Park three years ago, carving a 167-foot- wide gully, washing away part of a mountainside and closing trails and campsites.

Water Supply and Storage Co. is responsible for the damage under a 1907 agreement with the federal government that allowed the company to maintain rights to the Grand River Ditch, the lawsuit filed in U.S. District Court states.

While the lawsuit does not ask for a specific amount of money, some estimate the cost of the damage is in the millions of dollars.

Water Supply and Storage Co. officials could not be reached for comment Thursday.

According to the lawsuit, the company is responsible for clearing excess snow, ice and debris from the ditch, which starts just outside the park and continues for 14 miles, cutting along the east side of the Never Summer Range.

The ditch - which reaches 17 feet wide in some areas - collects snow melt and rain that eventually flow into the Cache LaPoudre River and is used by farmers along the Front Range and Eastern plains.

In the spring of 2003, the company started clearing the ditch two weeks later than usual, prompting a park employee to issue a written warning that delays could lead to a breach, the lawsuit states.

On May 30 of that year, the ditch breached about two miles south of LaPoudre Pass, causing water to rush over its banks and into the valley below.

The water cut a gully 167 feet wide and 60 feet deep, according to the lawsuit.

It also damaged forest areas, wetlands, the Lulu Creek and portions of the upper Colorado River.

Park officials had to install culverts to drain the water, and repair bridges, trails and campsites.

The lawsuit, filed by the U.S. Department of Justice on behalf of the Department of the Interior, will be argued by newly appointed U.S. Attorney Troy Eid.

It is seeking all costs that are associated with the breach, including interest.

If Water Supply and Storage cannot pay for the damage, the lawsuit also asks the court to condemn the Grand River Ditch so it can be sold to recoup costs.

burnetts@RockyMountainNews.com or 303-954-5343

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