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J Merson Say~ It. Flatly: Strontia Springs Dam Won't Be Buil~ By BILL PARDUE Denver Post Staff Writer The Denver \\'ater Board will lose its battle to construct a dam and reservoir ,t Strontia Springs lor the Foothills water project, the regional chief of the D,S, En- vironmental Protection Agency flatly predicts, "The fact is Strontia Springs is not going to be built," Alan Merson said in an interview, '''I think the Denver Water Board would realize that and modify their proposal. " Merson's previous statements . have been less certain about the fate of Foot- hills' dam and reservoir components. FOR EXAMPLE, last month he said t.he South Platte River dam's construction would be "unlikely." But Merson said in the interview he enjoys the confidence of the Carter ad- ministration and believes the Water Board will fail to gain dam approval through the Anny Corps of Engineers. I That agency is considering Water ~oard plans now in its Nebraska office, but the matter is expected to be elevated :10 Washington, where the national EPA ladministrator eon make the final deci- sion. Merson has rejected Water Board testi- mony and findings of the V,S. InteriDr and Agriculture departments that Strontia Springs. is the best site for the dam because of engineering and expansion considerations. HE FAVORS AN upstream alternative with a lower dam that would do less damage to Waterton Canyon, The Water Board warns that site would be subject to icing and sedimentation problems and would make expansion of the Foothills treatment plant difficult. The EPA rejects those contentions. Denver Waler Department officials have expressed confidence they will prevail and held out the possibility they may go to court on the issue. Merson's latest FODthills statements are likely to generate the same outery against him that started soon after he became regional EP A administrator last September, Beside criticism from the Water Board" Merson has been the target of elected public officials, numerous letters to newsR papers, tbe private group Water for Colo- rado and the Colorado Contractors Asso- ciation. He has received strong support from environmental groups. . MERSON IS WELL aware of the ac- cusations that having lost three attempts to Win elected office, he now is trying to impose his personal political philosophy on an unwilling public, "People have charged this is some- how my fiendish scheme for limiting growth irt Denver," Merson said. IIWell, they'll have to charge Congress, have to Charge Jimmy Carter-, have to charge EPA.!) Merson is aeting under national legisla- tion-the Clean Water Act-in opposing Water Board plans, "My feeling is that I'm trying to do nothing more than be a fair-minded en- forcer of the law, to carry out policy evolved over the years," Merson, a (ormer law professor; said, The att.1eks on him are "the most puzzling thing about the Foothllls eon- troversy," Merson said. 101 don't know why I have been the focus of this instead _of the EPA." Merson said Denver voters' approval of a water-bond proposal five years ago wasn't a specific endorsement of the Strontia Springs dam, "THE DENVER Water Board chose a means of aecomplishing the voters' man. it Jot-v-e ,-PcJ5i- , Sv~/~/!I 117'1 date that appears to be in conflict with federal law," he said, The 1973 ballot didn't mention Foothills but authorized the Water Board to expand the waterworks system, Foothills was mentioned in some news stories and camR paign literature, The Denver Election Commission says one-fourth of the elty's voters turned out to . approve $160 million in bond sales, 39,264-30,848, EPA' opposition to Water Board plans for Foothills began aimost two years befpre Merson began rwming the regional office. Part' of the reason Merson has been the target of eriticism instead of just the EPA is that he has been highly visible in attempts to explain EPA's stand to the public and gather public reaction, FOR ExAMPLE, he ehose a men's civic club as the (orum to announce he wanted Carter's environmental advisers to intervede on Foothills, Merson is used to the spotlight. He lost a close race for Jefferson County com- missioner in 1970, then moved to Breckenridge and in the Democratic primary dumped Wayne Aspinal from the congressional seat he had held for 24 years. Protection of the environment was a key issue in Utat race. Merson narrowly lost the general elec- tion to Republican Jim Johnson, Two years later, Merson failed to get enough party backing to get on the Continued on poge 36. I . I I Red Fenwick's 'Ridin' the Rantje' Is On Patje 32. I 'r 00665