Gross Reservoir Expansion Proposal Hearings Halted After Lawsuit

BOULDER COUNTY, CO — The proposal process for the Gross Reservoir expansion project is on hold as Boulder County officials continue to clash with Denver Water officials.

Denver Water filed a federal lawsuit in July that claims the county is trying to stall the proposal "through delays, repeated and expanding requests for information ... that duplicate the already completed federal permitting process."

Denver Water submitted an Areas and Activities of State Interest (1041) application to Boulder County Community Planning & Permitting in 2020. The application falls under the Areas and Activities of State Interest Act, which allows local governments to regulate developments with guidance from the state.

"Generally, development may only proceed if consistent with the environmental and developmental goals of the local communities as outlined in their 1041 regulations," the Boulder County application webpage reads.

Boulder County officials in June "acknowledged Denver Water's intent to not provide additional requested information, and determined the 1041 review will move to public hearings," the county said in a news release.

"The lawsuit alleges that the county does not have the authority to regulate the project because the project requires a permit from the Federal Energy Regulatory Commission," the release read.

Denver Water's attorney requested that Boulder County place the 1041 application on hold, and the county granted the request. Public hearings that were set for August and September have been canceled.

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“It makes sense to have the court resolve the legal issues about whether Boulder County can proceed before conducting hearings on the 1041 review,” said Dale Case, the county's planning and permitting director.

“We have already devoted significant time and resources to processing Denver Water’s application, and it would take even more county resources to proceed with public hearings.”

The $465 million expansion project — which has been nearly two decades in the making — would widen the Gross Dam by 800 feet and raise it by 131 feet, which would increase the reservoir's water storage by 77,000 acre-feet — enough to ensure supply for 1.5 million Colorado homes if drought hits, Denver Water said.

Some environmental groups and residents who live near the reservoir have expressed concerns about the impact of the expansion on the ecosystem in the area. An environmental impact study was conducted over six years and in 2012, Denver Water released an environmental impact statement.

The agency said the Colorado government "has studied the likely impacts, compared these with the mitigation and enhancements we have committed to as conditions of various agreements and permits, and found the project will have a 'net environmental benefit' for Colorado."

There are also concerns about light and noise pollution, and Denver Water posted responses to the concerns on its Gross Reservoir expansion website.