Another lawsuit filed blaming southern Colorado electric co-op for starting Aspen Acres fire

A lawsuit accusing a southern Colorado electric co-op of sparking the Aspen Acres fire, the seventh-largest wildfire in state history, was filed Wednesday.

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Seven Pueblo County residents filed the lawsuit against San Isabel Electric Association, alleging that the fire sparked in two places, one on each side of Colorado 165 below equipment owned by the electric co-op, according to court documents filed in Pueblo County District Court.

 The plaintiffs are seeking compensation for “extensive economic and non-economic damages” caused by the fire, including property, timber and crop losses. Some also suffered injuries, including smoke inhalation, as well as emotional distress such as anxiety, depression and loss of community, according to the lawsuit.

The fire, which burned more than 100,000 acres across four counties, destroyed at least 850 structures, including at least 300 homes. Officials determined the fire that sparked June 29 was human-caused, but they have not yet shared what they believe sparked it or released details of their investigation. The fire was estimated to be 82% contained as of Thursday.

Attorneys for the residents allege the two ignitions started after trees or other vegetation fell on energized power lines in areas where vegetation was overgrown and not “adequately maintained by San Isabel.” 

A piece of San Isabel’s power line equipment was also found on the ground near one of the areas where the fire is believed to have started west of Colorado 165, that showed signs of arcing, according to court documents.

The attorneys allege San Isabel knew of the growing risk of catastrophic wildfire in its territory but failed to properly maintain and operate its power lines and equipment. Red flag warnings ahead of critically low humidity levels and wind gusts between 30 and 45 mph were issued the day the fire sparked and the day prior. 

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The electric co-op would have been aware of the extreme fire conditions through the company’s wildfire mitigation program, the lawsuit stated. 

“The forecast proved true — but San Isabel appears to not have heeded the forecast or taken appropriate measures to mitigate the risk,” attorneys wrote.

A spokesperson for San Isabel Electric Association said the co-op was reviewing the lawsuit, but declined to comment.

“This event has had a significant impact on many people, and our thoughts remain with those affected,” Paris Daugherty, a spokesperson said via email. “Our focus remains on serving the membership and supporting community recovery.” 

The lawsuit comes about two months after another lawsuit was filed by four other residents in July, accusing the co-op of being negligent and that a downed powerline was “a substantial factor” in causing the fire. 

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This is a developing story that will be updated.

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