Denver Water to seek emergency appeal of judge's ruling on Gross Reservoir expansion in Colorado
Denver Water says it is seeking an emergency appeal to the 10th Circuit in Denver after a judge paused work on the half-billion dollar expansion of Gross Reservoir in southwest Boulder County. That work has now resumed under a temporary stay of two weeks and Denver Water says it is bringing workers back but worries about losing employees.
"Our main concern is to bring our workforce back, be on the ready. Be ready to take care of the dam safety issues we have by quickly raising this dam," said Denver Water's program manager of the Gross Reservoir expansion project, Jeff Martin.
Denver Water has been working on enlarging the dam since 2022 to nearly triple the reservoir's capacity. Crews were about to start the Spring construction season when Federal District Court Judge Christine Arguello issued a permanent injunction prohibiting the enlargement of the reservoir in her October decision on a lawsuit filed by some neighbors of the project and several environmental groups.
"We're looking at every way to make sure that we can keep pushing the completion of Gross Reservoir expansion forward and make sure that we can supply a reliable water supply for Denver," said Martin about remedies that could include requesting help from the Trump Administration.
Planning for the reservoir expansion began in 2002. Martin said they had met all requirements of permitting at local, state, and federal levels before starting construction, meeting requirements of the National Environmental Policy Act.
"All of the environmental impacts were analyzed in the NEPA process," said Martin.
However, in October, Judge Arguello found that the Army Corps of Engineers violated NEPA and the Clean Water Act when permits for reservoir expansion were approved. And she backed many of the opponents' claims.
"Among other things, the permitting process requires the applicant to consider the least environmentally damaging practical alternative," said neighbor Scott Engle, a member of an opposition organization that calls itself The Environmental Group.
"There were other alternatives available that would cost the ratepayer a lot less money," said Engle. Opponents favored a pipeline from Denver Water's southern water system and opposed drawing water from the headwaters of the Colorado River on the opposite side of the Continental Divide. The water is to be moved via the Moffat Tunnel to the Gross Reservoir, but Denver Water has maintained that it will only draw during periods when the tributaries are flowing well.
On Wednesday, Martin told journalists who visited the Gross Dam after an invite from Denver Water that the project will help Denver Water create a better supply and reserve in its Northern system. The project, he said, was to prevent shortages.
"We want to be able to solve the issue and weather a drought. We want to be able to weather the next catastrophic event. The next climate uncertainty. We want to make sure we have water for a growing Denver area."
But, opponents have noted that per capita water use has been falling and believe Denver Water should opt for more conservation.
The two-week stay meant some workers were on the job Wednesday. However, the pouring of additional concrete has not happened yet with the project's future in question.
"Right now, the best way we can take care of our workforce is by giving them a job," said Martin. "We're getting absolute ready so we can place concrete and start raising the dam," he said about hopes for a successful appeal.