Denver Water's ambitious $531 million Gross Dam expansion in Boulder County has become a hotly contested legal matter. Opponents have been fighting against this project for years, and now the situation has reached a critical stage. With negotiations failing to reach a remedy for the illegal permit and both sides presenting their proposed solutions to the federal judge, the future of this controversial dam expansion hangs in the balance.

The Battle for Boulder County's Water Future

Opponents' Stance and Demands

Save the Colorado and an environmental coalition have been at the forefront of efforts to halt Denver Water's expansion. They believe that the project violates various environmental laws and has significant negative impacts on the local ecosystem. In their Friday remedy brief, they argue that the mitigations agreed upon during negotiations should continue, but construction of the dam itself should be halted. They claim that the glaring errors in the Army Corps' permitting processes, such as a flawed project purpose and an inadequate look at climate change, are serious defects that cannot be ignored. Environmental damage, they warn, would be "catastrophic," with the massive construction project killing 500,000 trees, destroying recreation areas and hiking trails, and displacing wildlife.

They emphasize that these irreversible harms are of immense magnitude and that an injunction is necessary to give effect to the court's findings. "By definition, these harms are irreparable, and Petitioners are entitled to an injunction," they state.

Denver Water's Perspective and Concerns

Denver Water, on the other hand, argues that the district court has no jurisdiction over the Federal Energy Regulatory Commission (FERC), which has ordered Denver to finish the dam and its mitigations by 2027. They claim that failure to comply with the FERC order could result in license loss, civil penalties, or criminal prosecution.

While the dam expansion is currently 60% complete, halting construction could stress temporary bolting and other measures used to hold back rock during the construction of the stronger and larger dam. Denver Water also emphasizes that they have been working for decades to obtain permits for this construction, arguing that new storage is needed in Boulder County to serve northern metro communities and balance their system.

The Impact on the Local Environment

Neighbors of Gross Reservoir have witnessed major changes to their local forests due to both tree thinning and shore-clearing for the impending rise in water as the dam is raised. Areas that have been previously thinned with prescribed fires are now visible from the Forsythe Canyon Trail in Nederland.

The higher dam will more than double the holding capacity of Gross Reservoir, but at the cost of flooding surrounding forest land. This has raised concerns among local residents and environmental groups about the long-term environmental impacts of the project.

The Legal Battle and Next Steps

The judge had given the parties until Friday night to privately negotiate mitigation for the illegal permit, and will now consider each side's proposed remedies. Save the Colorado said negotiations "may" continue while the judge takes the next steps. Denver Water declined to comment.

As the legal battle continues, the fate of Denver Water's Gross Dam expansion remains uncertain. The outcome will have significant implications for the local environment, communities, and the balance of water resources in the region.