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OCN > 2605 > Woodmoor Water and Sanitation District, April 9 – District signs on to PFAS lawsuit

Woodmoor Water and Sanitation District, April 9 – District signs on to PFAS lawsuit

Highlights*

  • The WWSD board approved a letter of engagement with SL Environmental Law Group to pursue recovery of PFAS mitigation costs under a potential 3M and DuPont settlement, which could provide up to $12.5 billion for affected public water systems.
  • It was confirmed that WWSD well water tests show no PFAS, but PFAS is present in Fountain Creek and will require treatment for water from Woodmoor Ranch when routed through the Loop project.
  • The board authorized a contract for Well 12R site work with Gordon Construction for $270,000, following a low bid of $238,000 and contingencies added.
  • WWSD entered a 2016-2026 water lease with AGRA for Woodmoor Ranch water at $135 per acre-foot, potentially delivering up to 1,500 acre-feet and $100,000–$200,000, with flexibility on the amount of water provided.
  • The county bought a small land parcel and a 5,000-square-foot easement for roadway and drainage improvements, with the sale approved unanimously.
  • An amended lease with Apollo's Park Solar LLC was authorized to ensure continued rent and proper transfer from Enerfin Renewables LLC, while the Loop project public outreach and district financials dominated discussion, ending with an executive session.
*AI-generated

By James Howald

At its April 9 meeting, the Woodmoor Water and Sanitation District (WWSD) board approved a letter of engagement with the SL Environmental Law Group PC (SLEL) to investigate recovering costs to the district for future PFAS mitigation related to the Loop project. It awarded a contract for site work at Well 12R and agreed to lease water to the Arkansas Groundwater and Reservoir Association (AGRA). Note: Arkansas refers to the Arkansas River, not the state.

The board sold a small piece of land to El Paso County and amended its lease with Apollo’s Park Solar LLC. It heard financial and operational reports, and the meeting ended with an executive session.

District could participate in PFAS settlement

Tamara Seaver, WWSD’s attorney, told the board that 3M and DuPont have agreed to a settlement requiring them to reimburse cities, towns, and public water systems for costs related to contamination by PFAS chemicals in products those companies produced. The companies knew PFAS chemicals posed health risks but continued to sell products including them. Together, 3M and DuPont have put aside up to $12.5 billion to pay for damages resulting from PFAS, Seaver said.

PFAS chemicals, sometimes called “forever chemicals” because they do not naturally break down over time, have been used in a wide range of products, including Teflon non-stick cookware and fire suppression foam and clothing. They can cause serious health problems, including cancer.

Seaver said she believed WWSD met the criteria to participate in the PFAS payout and recommended the district sign a letter of engagement with SLEL, which will pursue the district’s claim to compensation.

In response to a question from Director Roy Martinez, Operations Superintendent Dan LaFontaine said that WWSD has tested the groundwater it pumps from its wells and the water it diverts from Monument Creek, and both of those sources are free from PFAS. However, Fountain Creek does contain PFAS, LaFontaine said, and when WWSD begins to deliver water from Woodmoor Ranch to its customers via the Loop water re-use project, that water will need to be treated to remove PFAS chemicals. Martinez pointed out that funds from the PFAS settlement would help defray the costs of PFAS mitigation.

The design for the Advanced Water Treatment Plant that will be part of the Loop infrastructure uses Granulated Activated Charcoal (GAC) to remove PFAS before the water is delivered to customers, according to a presentation from Burns & McDonnell, the company that did the preliminary design for the plant delivered to the Loop Board of Directors on Feb. 18. Further details about the design of the plant can be found here: https://wp.ocn.me/v26n3loop/.

Board President Brian Bush said SLEL would receive a contingency fee of 25% of any money collected from the PFAS settlement. He noted contingency fees of 40% were common. He recommended the board authorize him to sign the letter of engagement with SLEL.

Seaver told the board that if it did not pursue its claim from the current PFAS settlement, it would be barred from seeking relief from 3M and DuPont in the future.

The board voted unanimously to authorize Bush to sign the letter of engagement.

Well 12R contract awarded

Richard Hood, of JVA Inc., told the board that, following a request for proposal published in March, two companies made bids to complete work at the site of Well 12R, a re-drilled well in South Woodmoor Preserve near Muzzle Loader Way. The work includes moving the pump and pump motor from the original Well 12 into the re-drilled well, installing site piping to move water from Well 12R to the wellhouse, testing electrical cabling, and landscaping. Gordon Construction Co. Inc. submitted the low bid at $238,000. The bid from Glacier Construction Co. Inc. was much higher at $452,000, Hood said. Shaffer asked that 15% be added to the bid for contingencies, and the board voted to authorize $270,000 for the project and award the contract to Gordon Construction.

Woodmoor Ranch water leased to AGRA

Shaffer told the board that the district’s water attorney, Fritz Holleman, had vetted a lease for the district to provide water from Woodmoor Ranch to AGRA until November of 2026 for $135 per acre-foot. Shaffer said projections indicated the district could provide up to 1,500 acre-feet of water, yielding $100,000 to $200,000.

He explained that AGRA leases water from many sources and resells it to farmers who need to offset depletions resulting from pumping groundwater. Shaffer noted that the lease would be the first time the district uses water from Woodmoor Ranch for municipal purposes, after completing the revegetation required to transition the water from agricultural to municipal applications.

LaFontaine said the lease did not commit the district to providing a set amount of water: “We could send nothing, or we could send 500 acre-feet.” In return for flexibility on the amount of water to be provided, the district accepted a lower price per acre-foot.

The board voted unanimously to execute the lease agreement with AGRA.

County buys land, temporary easement

Shaffer asked the board to consider selling 350 square feet of land at the intersection of Deer Creek Road and Base Camp Road, just east of SecurCare Self Storage, along with a temporary 5,000-square-foot easement, for $15,725. The county wants the land and easement for the construction of roadway improvements and drainage facilities. The board voted unanimously to approve the sale.

Lease for solar array amended

At its meeting in March, WWSD discussed its agreement with Apollo’s Park Solar LLC, which leases 100 acres of Woodmoor Ranch to use as the site of a solar array. At its April meeting, the board authorized Bush to sign an amended version of the lease, which makes clear that Apollo’s Park will pay rent for the remainder of the year and addresses Seaver’s concerns that the lease, which was originally signed with Enerfin Renewables LLC, can properly be transferred to Apollo’s Park. The board authorized Bush to sign the amended lease.

Financial and operational reports

In his financial report, board Treasurer Dana Franzen noted that his original estimate of the net income for the district in 2025 was $686,000 too low, and the final number was $1.25 million. Adjustments to the interest expense for 2025 accounted for the increase in net income.

For 2026, Franzen said revenue for the first two months of 2026 is a bit ahead of plan. The district has billed for more water at a higher rate than at the same time last year and was $528,000 in the black at the end of February.

Franzen was surprised by the high amount of overtime in the first two months of 2026. Shaffer explained that a higher-than-usual number of distribution system failures led to more overtime.

In his Manager’s Report, Shaffer said the Loop water re-use project, for which he serves as the board president, was ramping up an effort to educate the public. He and Martinez spoke to the Pikes Peak Regional Home Builders Department about the Loop’s plan to transition customers from non-renewable aquifers to renewable water sources, and they have been invited to address the Kiwanis Club.

In his water report, LaFontaine noted that despite the dry weather, the district is diverting 450,000 gallons a day from Monument Creek to Lake Woodmoor. The lake is within 3 feet of its maximum capacity, LaFontaine said, adding, “It feels we are finally back on track,” after having to drain the lake completely to maintain the dam and upgrade the lift station.

Executive session

The meeting ended with an executive session regarding the purchase or sale of real property, the receipt of legal advice on agreements with Rex Colorado Corp., the Loop Water Authority and Quantum Group. A personnel issue was also on the agenda. No action was taken following the executive session.

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The next meeting is on May 11 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.

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