October 17th 2024.
This week, a judge made a ruling that federal regulators violated laws meant to protect the environment when they gave Denver Water permits to expand Gross Reservoir. However, the impact of this finding on the ongoing project is still unclear. Judge Christine Arguello, who issued the ruling on Wednesday, found that the U.S. Army Corps of Engineers did not follow the Clean Water Act and the National Environmental Policy Act when they approved the permits for the construction of the dam. In her order, she stated that the agency did not adequately consider alternative options that could cause less harm to the environment than the expansion of the dam.
Although the judge did not order Denver Water to stop construction on the dam, she did mention that the utility had already planned to pause construction in November for the winter season. She also noted that an abrupt halt to the project could potentially affect the stability of the dam. As a result, the defendants and plaintiffs involved in the case will now work together to come up with a solution to address the improperly issued permits. Both sides have been asked to submit briefs on their proposed solutions to Judge Arguello by November 15. In a statement, Denver Water expressed their hopes to continue moving the project towards completion.
This ruling is the latest development in a six-year legal battle over the controversial dam project. In 2018, a coalition of environmental groups filed a lawsuit to stop the expansion of the reservoir, citing potential harm to the health of the Colorado River system, where the reservoir's water is sourced. Denver Water began the permitting process for the project in 2002 and started construction on the $531 million dam project in 2022. Currently, workers have already partially deconstructed the existing dam in preparation for the expansion, as well as completed tasks such as dumping fill material and pouring concrete.
Once the expansion is complete, the reservoir's capacity will triple from 42,000 acre-feet to 120,000 acre-feet. To put this into perspective, an acre-foot of water is enough to supply two Colorado families for a year. This means that the expanded reservoir will be able to store water for approximately 156,000 additional households. The expanded reservoir will serve as a vital part of Denver Water's northern supply system and will help protect the utility's ability to deliver water in the event of wildfires, mudslides, or droughts. Denver Water currently provides water to 1.5 million people in the metro Denver area, which makes up about a quarter of the state's population.
In their legal filings, Denver Water argued that the issues raised in the lawsuit were no longer relevant since construction had already begun and one of the permits in question had already been used. However, Judge Arguello dismissed this argument, stating that the reservoir had not yet been expanded and the 400 acres of land and 500,000 trees that would be flooded were still above water. She also referred to legal precedents, stating that Denver Water cannot evade judicial review or defeat a judgment through their own questionable behavior.
One of the failures of the Army Corps of Engineers, according to the judge, was their failure to consider how climate change could impact the project. As the effects of climate change continue to reduce the amount of water available in the Colorado River system, Judge Arguello questioned the practicality and reasonability of building a reservoir to store water that may not even exist in the future. She noted that the Corps declined to quantify the potential impacts of climate change or even provide an estimate for discussion purposes.
This lack of analysis reflects the failure of the USACE to fully consider the practicality of the dam project, as required by law. As a result, the environmental groups involved in the lawsuit will now discuss what legal remedies they will pursue. Gary Wockner, director of Save the Colorado and one of the lead plaintiffs, stated that this ruling is a significant victory for the Colorado River, the people of Boulder County, and the rule of law. He also mentioned that they look forward to working with Denver Water to reach an agreement on how to address the Corps' non-compliance.
In response to the ruling, Denver Water officials have stated that they will work through the legal process and address any potential solutions to move the project towards completion. The utility is legally obligated by the Federal Energy Regulatory Commission to finish the project by 2027. In a statement, Denver Water expressed that their driving value throughout the permitting process has been to do the expansion in the right way by involving the community, upholding environmental standards, providing a sustainable water supply, and protecting the water and landscapes that define Colorado. Stay updated on Colorado news by signing up for our Mile High Roundup email newsletter.
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