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OCN > Articles by: Allen Alchian > Page 49

Allen Alchian

Black Forest Fire/Rescue Fire Protection District, July 19 – Virtual meeting unavailable

By Natalie Barszcz

An article on the Black Forest Fire Rescue Protection District (BFFRPD) board meeting for this edition was not possible because this reporter was unable to join the meeting via Zoom due to a password availability issue. After reaching out to the BFFRPD staff to request a password to join the meeting, a response was received the following morning stating, “The administrative staff would try to ensure future Zoom meetings are not password protected.”

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Meetings are usually held on the third Wednesday of the month at Station 1, 11445 Teachout Road, Colorado Springs. Meetings are open to the public in person or via Zoom. The next regular meeting is scheduled for Wednesday, Aug. 16 at 7 p.m. For joining instructions, updates, agendas, minutes, and reports, visit www.bffire.org or contact Director of Public Relations Brooke Reid at admin@bffire.org or call 719-495-4300.

Natalie Barszcz can be reached at nataliebarszcz@ocn.me.

Other Black Forest Fire Rescue Protection District articles

Woodmoor Water and Sanitation District, July 17 and 25 – Board president resigns; board reorganizes

By James Howald

The Woodmoor Water and Sanitation District (WWSD) board met twice in July. At the regularly scheduled meeting, board President Barrie Town resigned, citing health reasons, which led to a special meeting on July 25 to fill the vacated seat and reorganize the board. The board heard a presentation on Per- and polyfluoroalkyl substances (PFAS)—sometimes called “forever chemicals”—and considered awarding a contract for the district’s portion of the project to widen Highway 105.

District Manager Jessie Shaffer presented a mid-year budget update. The board considered the results of the acoustic evaluation of its pipelines, as well as operational reports. The regularly scheduled board meeting ended with an executive session.

Board appoints new member and reorganizes

Town opened the July 17 regular meeting by announcing his resignation, effective July 19, telling the board he was doing so reluctantly at the advice of his doctor. He said two residents had expressed an interest in being appointed to replace him: Jim Taylor, who had served on the WWSD board previously, and Wendy Fisher, an employee of a local bank who wanted to contribute to the community.

At the July 25 special meeting, board Treasurer Roy Martinez said WWSD was at a critical point in its history due to its participation in the El Paso County Regional Loop Water Authority (EPCRLWA) which, if implemented, would solve the problem of how to make the water purchased along with the Woodmoor Ranch property near Fountain Creek available to district customers. Martinez said the board needed qualified candidates for appointment who were familiar with district history and issues and who could hit the ground running. Martinez nominated Brian Bush for the vacant seat.

Bush has previously served two terms on the WWSD board as president. He could not run in the last election, since board members can only be elected twice, but the law allows him to be appointed for an additional term. Bush has a background in water law and was president during the recent upgrades to the Lake Pump Station and the Central Water Treatment Plant.

The board voted unanimously to appoint Bush to the vacant seat.

Following Bush’s appointment, the board held elections to reorganize its officers. Bush was elected to serve as board president. Bill Clewe, the incumbent secretary, was re-elected to that post. Martinez was re-elected to continue as treasurer.

Remedy for PFAS uncertain

District Engineer Ariel Hacker gave the board a presentation on PFAS, focusing on the many uncertainties about how they will be addressed. She said PFAS are manmade chemicals that were first introduced in the 1940s and have now become ubiquitous. PFAS occur in non-stick cookware, clothing, cosmetics, paint, furniture, cleaning products, fire-fighting foam, and many other products. They are sometimes called “forever chemicals” because they break down slowly. PFAS have found their way into water systems, the soil, and aquifers and this cycle will continue as long as they are in the products we buy. They are linked to many serious illnesses, including cancers, Hacker said. Hacker mentioned a large-scale study done 15 years ago that showed PFAS were linked to thyroid disease, high cholesterol, as well as kidney and testicular cancer.

Hacker mentioned that fire-fighting foam used at Peterson Air Force Base has contaminated drinking water in Widefield, Security, and Fountain, causing those communities to shut down wells and to find ways of removing the chemicals from drinking water. The City of Fountain installed a Granular Activated Carbon (GAC) treatment system, partially funded by Peterson Air Force Base.

Hacker emphasized that the Environmental Protection Agency (EPA) has not yet completely defined standards for PFAS in drinking water. In spring 2021, the EPA issued regulations for perfluorooctanoic acid and perfluorooctane sulfate and announced it would evaluate the family of PFAS for regulatory action. That evaluation is still underway, she said.

In response to a question from District Manager Jessie Shaffer about potential regulation, Operation Superintendent Dan LaFontaine said the Colorado Department of Public Health and Environment would regulate PFAS in the state of Colorado. When and how they will do so is unclear, he said.

Shaffer said in addition to GAC there are other technologies to remove PFAS, including anionic exchange systems and biological activated carbon. WWSD needs to begin financial planning for implementing PFAS remediation, he said. He pointed out the towns of Security and Fountain have implemented systems that have led to undetectable levels of PFAS. LaFontaine said WWSD is already testing for PFAS and levels are undetectable, mostly because there are no wastewater streams above WWSD.

Construction contract awarded

Hacker told the board that the first round of bidding to complete WWSD’s portion of El Paso County’s project to widen Highway 105 between Jackson Creek Parkway and Lake Woodmoor Drive had produced a single bid, which was $185,000 over the engineer’s estimate. This led WWSD to rebid the work, she said.

Richard Hood of JVA Inc., a consulting company that advises WWSD, said the project to widen the highway will impact raw and potable water lines, requiring them to be moved. He said the second round of bidding produced three bids, with Wildcat Construction being the low bidder at $1.12 million, a bid $60,000 under the engineer’s estimate. He recommended awarding the contract to Wildcat Construction.

Shaffer pointed out that Wildcat Construction was chosen by El Paso County to do the county’s portion of the project, so it would make the project go more smoothly if WWSD also selected it.

The board voted unanimously to award the contract to Wildcat Construction.

Midyear budget update

Shaffer gave the board an updated budget for 2023 and said he would address the largest changes in his remarks.

On the revenue side, the biggest change was a reduction in anticipated tap fees, which were reduced from $4 million to $1.6 million. Higher interest rates slowed new construction, Shaffer said, which led to fewer new connections to the district’s water and sewer services. Slower development also led to a reduction of revenue from supplemental water: $752,510 in supplemental water fees was budgeted, but that was lowered to $99,842 in the mid-year budget. The unusually rainy spring and summer months lowered water user fees, he said.

Shaffer said the district spent only $250,000 of the $500,000 it had budgeted to participate in the EPCRLWA water re-use project.

On a positive note, Shaffer said the higher interest rates had doubled the interest the district receives on its financial reserves, raising it from $500,000 to $1 million.

On the expenditure side, Shaffer said the district spent $75,000 more than expected to repair hardware problems with wells. Costs associated with the project to widen Highway 105 and the project to replace worn out sewer saddles were higher than originally budgeted. Capital improvement projects were budgeted at $5.8 million, but only $5.4 million of that will be spent in 2023, he said.

Shaffer said he expected to end 2023 with $19.6 million in unrestricted reserves.

The board accepted the updated budget without a vote.

Acoustic evaluation a time saver

Earlier in the year, the district hired RH Borden to help it evaluate the state of its sewer collection pipes. In previous years, district employees had cleaned sewer pipes based on a schedule, cleaning 20 percent of the sewer pipes each year, moving through the entire service area on a five-year schedule. This method meant some time and resources were used cleaning pipes that really did not need service.

Shaffer explained that RH Borden had developed a new technology that uses sound waves to quickly identify pipes that are clear, partially blocked, or totally blocked. Shaffer said the original proposal was for RH Borden to evaluate one-fourth to one-half of the district’s sewer lines, but RH Borden was able to evaluate all the sewer lines with the funds allocated. Shaffer said he was surprised at how quickly RH Borden got through 80 miles of pipeline.

Kwin Peterson of RH Borden said in five weeks his team opened every manhole in the district, did an evaluation of each manhole, evaluated every pipe segment, and recorded all the data for entry into WWSD’s Geographic Information System database for later use. His team found 87% of the pipes did not need cleaning, allowing the district to focus only on the pipes that truly needed cleaning.

LaFontaine said this was the first time the district had a full assessment of all manholes. He estimated the new technology saved the district 3 to 3 1/2 months of labor and equipment usage.

Highlights of operational reports

  • LaFontaine said the rainy spring and summer had led to stormwater infiltrating the sewer collection system through manholes, which increased the flows in the Tri-Lakes Waste Water Treatment Facility.
  • The district’s project to replace existing water meters with more advanced units is ongoing.
  • Well 12 is out of service due to a pump failure.
  • The Cloverleaf development has qualified for conditional acceptance.

Executive session

The July 17 meeting ended with an executive session to confer with legal counsel on questions relating to the EPCRLWA and on the authority to set fees.

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The next meeting is scheduled for Aug. 14 at 1 p.m. Meetings are usually held on the second Monday of each month at 1 p.m. at the district office at 1845 Woodmoor Drive; please see www.woodmoorwater.com or call 719-488-2525 to verify meeting times and locations.

James Howald can be reached at jameshowald@ocn.me.

Other Woodmoor Water and Sanitation District articles

Monument Sanitation District, July 19 – Good news on Highway 105 sewer repair

By Jackie Burhans and James Howald

At its July meeting, the Monument Sanitation District (MSD) board heard an operational report and a financial report from General Manager Mark Parker and briefly discussed two issues that were tabled until the next board meeting.

Manager’s report

Parker updated the board on a repair needed on a sewer line that serves the Conoco gas station, the McDonald’s restaurant, and Jarrito Loco. The line runs under Highway 105, and at the previous meeting Parker said the line was 14 feet underground and if the repair required the line to be excavated traffic on the highway would be impacted. At the July meeting, Parker said following a discussion with engineers he believed the repair could be made by lining the pipe without digging it up.

Parker said he had signed up the district to participate in CoWARN, a statewide water and wastewater response network. CoWARN facilitates mutual aid between utilities to resolve emergency situations, he said, adding that membership does not obligate members to offer or accept aid.

Parker told the board that Black Forest Foods Café and Delicatessen, which rents a third of the MSD headquarters building, was struggling with inadequate heating and air conditioning. MSD, as landlord, would be responsible for any necessary upgrades.

In his discussion of district finances, Parker mentioned the district was receiving fewer requests for sewer taps, which are connections to the district’s wastewater collection system, and was seeing lower revenue from tap fees, which are one of the ways infrastructure improvements are funded. He said there was plenty of sewer and treatment capacity, so scarcity of water would be the factor limiting the demand for new sewer taps.

Items tabled

A decision to accept the employee handbook was tabled so that it could be updated to comply with new state laws. A review of district bylaws was also tabled.

June meeting update

Following the executive session held at the end of the previous board meeting, the board voted unanimously in favor of an 8.5% raise for Parker. This vote was not officially announced until after the July issue of OCN had gone to press.

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Monument Sanitation District meetings are normally held at 9 a.m. on the third Wednesday of the month in the district conference room at 130 Second St., Monument. The next regular meeting is scheduled for Aug. 16. See https://colorado.gov/msd. For a district service map, see https://colorado.gov/pacific/msd/district-map-0. Information: 719-481-4886.

Jackie Burhans can be reached at jackieburhans@ocn.me. James Howald can be reached at jameshowald@ocn.me.

Other Monument Sanitation District articles

Triview Metropolitan District, July 20 – Stonewall Springs Reservoir operational; Conexus Subdistrict dissolved; 2022 budget amended

By Natalie Barszcz

At the Triview Metropolitan District (TMD) meeting on July 20, the board heard about the Stonewall Springs Reservoir operations, approved the dissolution of Subdistrict B, amended the 2022 budget, received a presentation on the 2022 audit, received multiple updates, and held an executive session to receive legal advice on water and property acquisitions, and the Higby Road design.

Vice President Anthony Sexton and Director Jason Gross attended via telephone.

Director Amanda Carlton did not attend.

Stonewall Springs Reservoir is operational

District Manager James McGrady said the district acquired the 1041 permit from Pueblo County, which is necessary to operate exchanges of water at the Stonewall Springs Reservoir. The district is now exchanging water regionally using the new pump station, and the reservoir is full. The renewable water program is an accomplishment for TMD and the entire region, he said. See NEPCO article on page < 18 >.

Above: Triview Metropolitan District’s Stonewall Springs South Reservoir on July 20. The reservoir was full to capacity by mid-July and holds enough water to supply the district for two years. Photo courtesy of James McGrady.

Water attorney Chris Cummins said the filling of a reservoir generates a great deal of interest, because it is not an everyday happening. See photo above.

Note: The July newsletter is available at www.triviewmetro.com.

Subdistrict B dissolution

McGrady said when the district put together Subdistrict B for the Conexus development located west of I-25 off Old Denver Road, Monument, the district was unsure at the time that Conexus would be able to set up its own metropolitan district, but that has now occurred, and Conexus feels it will have sufficient bond capacity to complete the project. See www.ocn.me/v23n6.htm#tmd.

Gross said it seems the district would be taking a tool out of its tool kit, and why would the district get rid Subdistrict B before Conexus has built out its development? he asked.

McGrady said that Conexus can impose 35 mills for the operation and management of its new development. TMD currently imposes 24 mills of its allowed 35 mills to its customers and could only issue 11 mills to Conexus. He had a conversation with the developer and was assured they would not need Subdistrict B. If Conexus is making the wrong decision, it will have to make it work, he said.

Gross asked if the development posed any potential risk to TMD.

McGrady said the Conexus development west of I-25 is not integral to the district, and the roads and pipeline are located on the periphery of the district. The Town of Monument (TOM) collected a performance bond from the developer before the construction begins to protect against abandonment of the project. TMD inspects all the water and wastewater pipelines and Tom Martinez of Monument Public Works inspects the road and stormwater infrastructure. The work is warrantied for two years, and then a punch list is completed to ensure the final infrastructure is to code. The district employs extremely qualified staff with 20-plus years of experience to inspect water and wastewater infrastructure, to include the Northern Delivery System pipeline project

The district’s attorney, George Rowley, said there is no negative should Conexus fail to complete infrastructure, because it is required to install the infrastructure before any residents move in. Rowley requested the board review and approve Resolution 2023-05, a resolution of the TMD Board of Directors acting at the request of the property owners, Conexus developers Schuck-Chapman, to dissolve Subdistrict B and authorize the district staff and the district legal team to prepare documents, make filings, and consummate the dissolution of it.

The board approved Resolution 2023-05, 4-0.

2022 budget amendment

President Mark Melville opened a public hearing for the proposed 2022 budget amendment.

District Accountant Cathy Fromm explained the required amendments for the 2022 budget and said the General Fund/Capital Projects Fund was amended by $195,206 due to additional capital projects, and the Enterprise Fund was amended to show an increase of about $3.9 million. The increases were due to capital projects and over $300,000 in additional meters that were ordered in 2021 but received in 2022. The additions are required to be reported in the year received, she said.

Melville said a revised budget approval occurs every year after the auditors and accounts have conducted the audit, and hearing no public comments closed the public hearing.

McGrady requested the board review and approve Resolution 2023-04, a resolution of the TMD Board of Directors amending the 2022 budget.

The board approved the 2022 budget amendments, 4-0.

2022 audit

Christine McCleod of Haynie and Co. CPA presented the 2022 audit and said no significant weaknesses or deficiencies had occurred. The audit was substantially completed but still in draft form, and once complete the report will be filed on time with an un-modified opinion. The district has a strong set of financials with nothing outside of normal accounting procedures, she said.

McCleod recommended the Higby Road escrow account be moved to reflect a liability account on the balance sheet for correct financial presentation purposes.

The board approved the 2022 Audited Financial Statements as presented, subject to review and any changes, and the filing with the state, 4-0.

Financial update

Secretary James Barnhart requested clarification on the overbudget vehicle expense line discussed at the June board meeting. See www.ocn.me/v23n7.htm#tmd and the correction at the end of this article.

Fromm said the fuel charges will be moved to the fuel line item, and other charges will be scheduled to the correct accounts. The district had a lot of Les Schwab charges for tires this year and $660 for the Vehicle Expense line in the General Fund for Public Works, was really underbudgeted, she said.

McGrady said the district truly underbudgeted the line item, with gas expenses charged to that line, and many pieces and parts needed for vehicles this year.

The board accepted the financial report as presented, and approved the checks issued over $5,000.

NDS pipeline project update

McGrady said Kiewit was doing a great job, and the NDS pipelines were expected to be tied together in late July. The crews will begin working on the east portion of Baptist Road overnight to avoid traffic congestion. All materials for the project have been received (except for the pump station), and the pipeline will be installed by mid-September, with the overlay expected to take place from late September through mid-October, he said.

Note: For NDS pipeline project updates, alternate traffic routes, answers to questions, and to sign-up for email notifications, visit www.triviewnds.com. The link can also be found at www.triviewmetro.com.

Public Works and Parks and Open Space update

Superintendent Matt Rayno said:

• The Remington Hill overlay project was scheduled to be completed by Martin Marietta on July 22.

• Staff members are completing the last section of the trail system at Agate Creek Park.

• A concrete pad at Old Creek Park had been installed, and a shade structure and picnic table will be added to the pad in August.

• Radar speed signs have been ordered for a total of about $7,400. The signs will be installed on northbound Gleneagle Drive at the Promontory Pointe Trail Park, and southbound Gleneagle Drive just after the roundabout after exiting Sanctuary Rim.

Resident Ann-Marie Jojola thanked the district for installing radar speed signs along Gleneagle Drive in Promontory Pointe and said there are a lot of curves and motorists gain momentum. There have been some close calls with children crossing the road, she said.

McGrady said the road has a steep grade, and children do not have the sight distance to navigate the speed of oncoming vehicles.

Sidewalk repair matching program

McGrady said the district is responsible for curb and gutter repairs, but for sidewalks a concrete matching program of $1,000 per home to fix sidewalks exists. The district budgets $25,000 annually for the program and currently has $50,000 to match homeowner sidewalk repairs. Residents interested in the sidewalk repair matching program should contact Assistant Manager Steve Sheffield at ssheffield@triviewmetro.com or call 719-314-6473.

Re-opening of open space

McGrady said he and Rayno had walked the open space north of the Lyons Tail Road and south of the Talus Road playground and found the space was now free of trash and in great shape compared to about a year ago, when activities such as underage drinking, evidence of fire pits, scrub oak chopped with axes and fort building activity had been taking place. Back then the board examined alternatives after receiving resident complaints and made the area off-limits. The area is now looking pristine with no signs of damage, and he recommended the board consider re-opening the single-lane foot path and open space with monitoring, and new signs asking users to please respect this open space.

The neighbor that had originally requested the district take action in June 2022 to protect the open space said he had not requested the closure, but due to the closure a rock had been thrown through his window last year. He concurred the space looked good now, and he and his wife were in favor of the space being re-opened, as long as it is monitored. In the past he had observed a female teenager tear off a branch from the 100-year-old Gambel oak shrubs.

Residents attending in support of re-opening the space said they and another neighbor would be watching to ensure the open space users are not causing damage or engaging in dangerous behavior.

Melville thanked the homeowners in attendance and said the board regrets the decision it made to close the open space, but he hoped the children present at the meeting could go and enjoy the open space with their neighbors. See the TMD board meeting minutes from June 23, 2022 at www.triviewmetro.com.

Note: OCN did not cover the complaint that led to the closure because the July 2022 edition did not cover the TMD board meeting. Subsequently, the board meeting minutes and the district newsletter did not refer to the homeowners by name in response to the complaint.

Grass grant for open spaces

Resident Melissa Simonoff requested the board consider applying for the state’s $2 million grant available to municipalities for 2023-24 for lawn removal and replacement in public spaces. It could be used for the enhancement of the open spaces in Jackson Creek, she said.

McGrady said that in years past the grant was available only for residential purposes and a very small amount of money was available. He requested Simonoff forward the information to him for further consideration.

Melville thanked Simonoff for the information and said the board would look into the request.

Executive session

The board moved into executive session at 7:58 p.m., pursuant to Colorado Revised Statutes 24-6-402(4) (a), (b), (e), to discuss acquisitions, receive legal advice on negotiations regarding water acquisitions, change cases, property acquisition negotiations, and the Higby Road design.

After the meeting, Sheffield confirmed that no further actions were taken when the board returned to the regular meeting and promptly adjourned at 8:57 p.m.

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Correction

In the financial update portion of the June TMD article www.ocn.me/v23n7.htm#tmd, it should have read: “Vehicle expenses were $7,261, and 1100% over the budgeted $660 in the May 2023 financial report.” OCN regrets the error.

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Meetings are usually held on the third Thursday every month at the district office at 16055 Old Forest Point, Suite 302. The next regular meeting is scheduled for Aug. 17 at 5:30 p.m. For meeting agendas, minutes, and updates, visit https://triviewmetro.com.

Natalie Barszcz can be reached at

nataliebarszcz@ocn.me.

Other Triview Metropolitan District articles

El Paso County Regional Loop Water Authority

By James Howald

At its July meeting, the El Paso County Loop Regional Water Authority (EPCRLWA) board executed a contract with Merrick and Co. to receive project management and workflow services. The board heard the results of water quality testing and voted to send a representative to the Colorado Water Conference (CWC).

The EPCRLWA was formed in November 2022 by an Intergovernmental Agreement between Cherokee Metropolitan District (CMD), Donala Water and Sanitation District (DWSD), the Town of Monument (TOM), and Woodmoor Water and Sanitation District (WWSD) to build infrastructure that would allow water, including treated effluent, that is flowing south in Monument and Fountain Creeks to be stored at Calhan Reservoir at Woodmoor Ranch and then pumped back north to be used by customers of the participating districts.

Details of project management contract decided

Russ Dykstra of Spencer Fane LLC, the legal firm representing EPCRLWA, told the board he had completed negotiations with Merrick on an agreement under which that company will provide project planning and workflow management services to EPCRLWA. An attachment to the agreement specifies Merrick will:

  • Refine the business model and operations schema for the project.
  • Develop and execute necessary legal documents including operating agreements, water supply leases, supply limitations and curtailment procedures, and financing agreements.
  • Develop requests for proposals for engineering services.
  • Select and onboard consultants and specialized professionals.

Dykstra added either side can terminate the agreement at any time with 30 days’ notice.

Jessie Shaffer, the president of the EPCRLWA Board of Directors, pointed out that the agreement limits Merrick to no more than $350,000 over a nine-month term ending April 19, 2024.

Jeff Hodge, the secretary of the EPCRLWA board, mentioned that he thought John Kuosman of Merrick should be introduced to politicians representing the EPCRLWA service area, such as Rep. Don Wilson, Sen. Paul Lundeen, and County Commissioners Holly Williams and Carrie Geitner.

The board voted unanimously to execute the agreement with Merrick.

Water quality tests proceed

Richard Hood, of JVA Inc., the company EPCRLWA has hired to assess water quality and design the water treatment aspects of the project, updated the board on the latest round of water quality tests. He covered tests of water taken from Fountain Creek in May and June. The quality was good overall, Hood said. He noted a spike in flow following a rainstorm that led to increased turbidity, higher coliform bacteria counts, and decreased alkalinity. He said these results were typical following a rainstorm. The pH in the samples was between 8 and 8.2 and the samples were relatively hard at between 200 and 220 milligrams per liter of calcium carbonate. He noted both iron and manganese were above the maximum contaminate levels for those elements. Total organic carbon, considered a measure of pollution since pure water has no carbon, has been measured at both high and low amounts, Hood said.

Kevin Brown to attend CWC

The board voted unanimously to pay for Kevin Brown to represent the project at the Colorado Water Conference, to be held in Steamboat Springs on Aug. 22-24. Brown is an employee of the Cherokee Metropolitan District, one of the four districts committed to the EPCRLWA along with Donala Water and Sanitation District, the Town of Monument, and the Woodmoor Water and Sanitation District.

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The next regular meeting is scheduled for Aug. 17 at 9 a.m. Regular meetings are usually held on the third Thursday of each month at 9 a.m. at the Monument Town Hall at 645 Beacon Lite Road. Workshop meetings are held every Thursday at 9 a.m. at rotating venues. Please see loopwater.org or call 719-488-3603 to verify meeting times and locations.

James Howald can be reached at jameshowald@ocn.me.

Other El Paso County Regional Loop Water Authority articles