Plaintiffs allege power lines played a ‘substantial’ part in the fire’s cause

Four people have filed a complaint against the San Isabel Electric Association, claiming the company is responsible for the start of the Aspen Acres fire.

The plaintiffs allege in the lawsuit the fire was started by downed power lines owned by the company in the Aspen Acres subdivision, claiming a witness saw a large tree leaning on one in the area and another witness videotaped a fire burning near a separate power line. An official cause of the fire has yet to be released, but it is believed to be human-caused, according to incident information management system InciWeb.

“We are aware of and are reviewing the recently filed complaint. We are also conducting a thorough investigation into the cause of the fire but will not comment on the substantive allegations contained in the complaint,” San Isabel Electric spokesperson Paris Daugherty said in a written statement.

All four plaintiffs — Seth and Stacey Johnson, Frank Elmer and Rafael Velez — live in either Pueblo or Custer counties and have suffered property damages, loss of natural resources, economic damages and more, the lawsuit states. They are seeking financial compensation.

“Defendants’ power lines and energy utility equipment were a substantial factor in the cause, origin and continuation of the highly destructive Aspen Acres fire,” the suit states.

On the morning the Aspen Acres fire started, June 29, a witness allegedly saw a large tree leaning on a power line near an undeveloped property at 17245 Colorado 165 inside the area of the San Isabel National Forest, the suit claims. The area is south of the Aspen Acres Campground, less than a mile from Lake Isabel.

The plaintiffs’ attorneys, with Denver Injury Law, did not provide the referenced video showing the start of the fire to The Gazette. A photo that the law firm claims was the start of the Aspen Acres fire was included in the suit.

The defendants, the suit says, had a “duty” to mitigate wildfire risk by adequately clearing the right of way of trees and organic matter that can cause or facilitate wildfires. It further states that the electric company failed to maintain, repair and/or replace the structural integrity of its electrical systems.

The 16-page document goes on to claim that in the days before the Aspen Acres fire started, residents in the subdivision saw powerline-caused fires that were knocked down before they got out of hand.

According to San Isabel Electric’s wildfire mitigation plan, the company sets protective devices called “reclosers” to a highly sensitive mode, which turns off power when they detect something in a power line. This happens during red flag warnings, which the Aspen Acres area was under on June 29.

Before line crews re-energize the equipment, they are required to physically inspect the device and power line to ensure no objects or dangerous conditions are present. Advanced technologies are also used to monitor high fire-risk areas.

The company declined to answer questions related to their mitigation plan and the alleged incident.

“In coordination with fire crews, we are working diligently to restore electricity to our members without service due to the fire. Our focus is on safely and efficiently performing necessary repairs to our system and restoring service to those members,” Daugherty wrote in the company statement.

The Aspen Acres fire in Pueblo and Custer counties continued slow growth, according to officials on Thursday, nearing the 100,000-acre burned mark.

Colorado’s seventh-largest fire has burned 99,820 acres as of Thursday morning. Containment remained at 36%.

More than 330 homes and 800-plus structures have been lost in the fire.

Power-line risks

Historically, power lines have played a large role in starting wildfires. According to the National Interagency Fire Center, 88% of wildfires were caused by humans from 2013 to 2023.

The Frontline Wildfire Defense, a mitigation company that manufactures proactive wildfire protection systems for structures, states electrical power lines rank among the top causes of wildfires nationally.

In Colorado, the Marshall fire in Boulder County was partially sparked by an Xcel Energy power line. Ranked the most destructive wildfire in state history, the blaze destroyed 1,084 homes in 2021. Investigators found that the inferno comprised two fires that eventually merged: one originated from a home where a legal burn occurred, and the other was started by arcing power lines.

The largest fire in Texas history was caused by a power line after a pole fell into a grassy area. Dubbed the Smokehouse Creek fire, the blaze in the state’s panhandle burned more than 1 million acres and destroyed more than 500 homes in 2024.

California’s deadliest fire was sparked by electrical transmission lines owned and operated by utility company Pacific Gas and Electric Co. The Camp fire killed 85 people and burned more than 150,000 acres in 2018.

Improper maintenance or operating error is a “common theme” for wildfires caused by power lines, the National Interagency Fire Center states.