Coalition Sues To Block Gross Reservoir Expansion

BOULDER, CO -- A coalition of environmental groups filed a lawsuit Wednesday to block the planned expansion of Gross Reservoir, challenging the Army Corps of Engineers' decision to issue a permit for the project.

Denver Water seeks to raise the the reservoir's dam by 131 feet, according to the project website, which would allow the reservoir's storage capacity to increase by 77,000 acre-feet. Proponents say that the extra capacity will help prevent future shortages during droughts and help offset an imbalance in their North-South collection system, and contend that the project will be executed in such as way that it will enhance the watershed and improve aquatic habitat.

The reservoir lies almost entirely on land in unincorporated Boulder County, but its water would serve Denver Water's 1.4 million customers elsewhere in the metro area. The project has already been issued a permit by the Army Corps of Engineers, but is still waiting on a pending license from the Federal Energy Regulation Commission before proceeding.

“At the exact moment in history when flows in the Colorado River need to be protected, Denver Water’s reckless, irresponsible project is trying to further drain the river,” said Gary Wockner, Director of Save The Colorado, one of the suit's plaintiffs, in a statement. “Our goal is to stop this project in its tracks.”

Opposition activists routinely cite estimates that the project would require the removal of anywhere between 200,000 and 650,000 trees and could potentially significantly reduce the flow of creeks and tributaries, as well as release contaminants into local waterways.

Plaintiffs in this week's suit include Save the Colorado, the Environmental Group, WildEarth Guardians, Living Rivers, Waterkeeper Alliance Inc., and the Sierra Club. Lieutenant General Todd Semonite, the Chief of the Army Corps of Engineers, Margaret Everson, the acting director of the U.S. Fish and Wildlife Service, and Ryan Zinke, the soon-to-depart Secretary of the Interior are named as defendants.

“The Colorado River is in crisis,” said Jen Pelz, Wild Rivers Program Director at WildEarth Guardians in a statement.“The most obvious solution to sustain our namesake river is to start living within our means, not doubling down on what got us here in the first place—more reckless dams and diversions.”

"When you're responsible for delivering safe, clean drinking water to a quarter of the state's population, failing is not an option," said Denver Water CEO Jim Lochhead in a statement that responsed to the new lawsuit. "Coming off another hot, dry year, filled with catastrophic wildfires across the state, the urgency for Denver Water to strengthen the north end of our water system has only intensified."

"We're confident in the 15 years of diligent study surrounding this project, including extensive review and approvals by more than 10 federal and state regulatory agencies," continued Lochhead. "By partnering on numerous environmental enhancement projects that will go beyond mitigation of impacts, we've earned support from environmental and governmental agencies on both sides of the Continental Divide."

At the end of October 2018, Boulder County attempted to throw up its own hurdle in Denver water's process with a land use determination stating that Denver Water must obtain a permit from Boulder County before proceeding with the project.

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Photo Credit: Stefan Ziese/imageBROKER/Shutterstock