The Gross Dam expansion in western Boulder County, a project marked by controversy, can now reach completion following a recent decision by the 10th U.S. Circuit Court of Appeals. The court’s ruling allows Denver Water to proceed with filling the reservoir, confirming the project’s permits as legitimate.
In a move that overturns a prior injunction by a federal district judge, the appeals court concluded that the U.S. Army Corps of Engineers acted appropriately in granting construction permits for the $600 million expansion. This project will harness water rights from the Colorado River basin, located on the western side of the Continental Divide.
The lower court had previously halted the project, citing the Corps’ failure to adequately consider less harmful alternatives and the potential impacts of climate change on water availability. However, the appeals court dismissed these concerns, affirming the Corps’ decision-making process. “We do not think the Corps’s choice of cost methodology was arbitrary or capricious,” stated the court.
Environmental groups, led by Save the Colorado, challenged the Corps’ evaluation of climate-related research. Despite this, the court maintained that the Corps had properly assessed the data, noting, “The Corps considered — and rejected — the reliability of that and similar studies, one of which showed that in the Colorado River Basin, ‘no consistent trends in annual precipitation have been detected over the last 100 years.’”
The court’s decision emphasized the importance of respecting the Corps’ expertise, stating that their role was not to “second-guess” the Corps as long as its conclusions were based on sound reasoning. Denver Water expressed satisfaction with the ruling, anticipating the completion of a project that began its permitting process 23 years ago.
Todd Hartman, a spokesperson for Denver Water, expressed the organization’s relief, stating, “We’re pleased to see the 10th Circuit Court of Appeals confirm that the Gross Reservoir Expansion Project was lawfully permitted by the U.S. Army Corps of Engineers and that Denver Water can proceed with the final stages of this critical project to ensure a safe, secure water supply for the 1.5 million people we serve.”
Conversely, Gary Wockner of Save the Colorado, a consistent critic of projects affecting Colorado’s river ecosystems, voiced his disapproval. “It’s nonsensical to be putting more straws in, and further draining, the Colorado River at this point in history,” he remarked. Despite the ruling, Wockner announced that the plaintiffs would not seek an appeal to the U.S. Supreme Court.
The Gross Reservoir Dam, which impounds South Boulder Creek, also draws water via the Moffat Tunnel from the Fraser and Williams Fork rivers. Denver Water argues that the expansion is crucial for balancing water storage, which is currently skewed towards the southern regions of the metropolitan area.
Original Story at coloradosun.com