Denver Water has received a recent ruling from a federal judge allowing them to continue construction to raise the height of Gross Dam. However, they will not be permitted to fill the expanded reservoir once the dam is complete. U.S. District Judge Christine Arguello made this decision late Thursday, citing concerns about the potential risk of a catastrophic dam failure and the need to prioritize human safety.
The expansion of Gross Reservoir has been a contentious issue for years, with environmental groups voicing opposition to the project. Denver Water’s plan to triple the size of the reservoir outside Nederland in Boulder County is aimed at increasing water storage and creating a more resilient water delivery system for the 1.5 million people it serves in metro Denver. The project, which began construction in 2022, was about 60% complete by early May.
Opponents of the project have raised concerns about the environmental impact, including the clear-cutting of half a million trees and the increased strain on the Colorado River system. They argued that federal regulators did not adequately assess the environmental impacts or consider less harmful alternatives for meeting Denver Water’s water supply needs.
Judge Arguello initially ordered Denver Water to halt construction in April, citing violations of federal environmental law in the permitting process. However, she later allowed construction to continue temporarily while further evaluating the case. After a 10-hour hearing, experts from both sides presented arguments about the potential risks of not completing the dam.
Experts for Denver Water emphasized the increased risk of a catastrophic event if construction were to be halted for an extended period. They stated that designing a new dam would take at least 18 months, further delaying the project. On the other hand, the environmental groups’ expert argued that there was minimal risk of failure if the dam were left in its current state while new plans were developed.
In her decision, Judge Arguello acknowledged the concerns raised by the environmental groups but ultimately concluded that halting construction posed a greater risk to both the environment and public safety. While she maintained that the permitting process was flawed, she allowed construction to continue but prohibited Denver Water from filling the reservoir to its new capacity once the dam is complete.
Gary Wockner, executive director of Save the Colorado, expressed respect for the judge’s decision regarding public safety but affirmed their commitment to defending their interests in the case. Denver Water has appealed the ruling on the permitting process and remains focused on completing the dam within the mandated timeline set by the Federal Energy Regulatory Commission.
As the legal battle continues, the future of the Gross Reservoir expansion project remains uncertain. Denver Water is determined to move forward with the project, emphasizing the importance of following the judge’s order to ensure the safety of the dam construction process.
