Adams County water district may proceed with cost-recovery lawsuit against Denver for contamination

A federal judge rejected Denver’s arguments last week for pausing or dismissing a lawsuit brought by an Adams County special district seeking to recover its costs for addressing water contamination as a result of Denver firefighting activities.

In January, the South Adams County Water and Sanitation District, which serves around 75,000 people in Commerce City and neighboring areas of Adams County, sued Denver. It sought a declaration that Denver was liable for the district’s costs of addressing water contamination and for Denver to pay those costs pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

The district obtains water supplies from groundwater sources and from Denver Water pursuant to a 1998 agreement. The district alleged that, beginning in 2018, it noticed high levels of PFAS in water samples from Denver. PFAS, meaning “per- and polyfluoroalkyl substances,” are long-lasting chemicals associated with serious health problems over long periods. They exist in a variety of consumer products, including nonstick cookware and water-resistant fabrics…

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