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DENVER (KDVR) — A federal court has issued a ruling that prohibits Denver Water from continuing its reservoir expansion project unless an emergency stay is granted by the 10th Circuit Court of Appeals within 14 days.
The utility company has been attempting to raise the Gross Reservoir dam by 131 feet for more than a decade. Construction began in 2022, and according to Denver Water, the project is currently 60% finished.
In response to the ruling, the utility agency announced plans to appeal and apply for a stay, asserting that the court’s decision jeopardizes its ability to deliver a secure and reliable water supply to 1.5 million residents.
“It’s inconceivable that the judge’s ruling would conflict with the public interest,” Denver Water stated in a release. “We have been aware of the need for the Gross Reservoir expansion since the environmental community highlighted it in the 1990s as a critical element for future water security.”
The court ruled that the U.S. Army Corps of Engineers must revise its environmental assessments and permits, noting that significant errors were made during the approval process. The ruling emphasized that allowing construction to proceed without addressing these issues would undermine the court’s findings on environmental law violations and potential harms.
The judge remarked that the court would not reward Denver Water for initiating construction while aware of the ongoing legal challenges regarding environmental regulations.
Concerns Raised by Denver Water on Employment and Safety
The reservoir expansion is considered a key component of Denver’s long-term water strategy, with plans to complete the capacity increase by 2027. In 2021, the Denver Board of Water Commissioners approved a construction budget of $531 million for this endeavor.
Denver Water insists that augmenting the reservoir’s capacity is vital for preventing water shortages, as well as for enhancing the robustness of its water supply system against emergencies. The company expressed that the ruling exemplifies the ongoing challenges facing infrastructure development amid legal battles and bureaucratic delays.
“The timing of this order is particularly troubling, given how far along the construction is,” Denver Water noted.
With work anticipated to resume on April 10, efforts were set to focus on the dam’s final phase, which is meant to be completed this year.
“Halting the project creates ongoing safety issues and concerns about water supply, as we cannot fill the reservoir during construction. The original gravity dam has already been partially deconstructed, leaving steep rock slopes that require temporary supports,” Denver Water explained, emphasizing the risks that unresolved construction poses. “These issues will be brought before the judge in the near future.”
The judge acknowledged potential safety issues stemming from the unfinished dam but critiqued the vague and alarming language used to address these concerns, leading to the court’s preliminary injunction.
The expansion is promoted as a necessary measure for drought resilience and as a resource for combating rapidly spreading wildfires.
“Increasing the size of Gross Reservoir is designed to safeguard the populations relying on our services, both now and in the years ahead. The expansion alleviates pressure on our southern system, which supplies 80% of our water and faces challenges from wildfires threatening water quality,” Denver Water stated.
The utility also noted that the judge’s ruling would lead to job losses for hundreds of construction workers, many of whom had relocated specifically for this project.
Denver Water has maintained that it has received the necessary permits at local, state, and federal levels since 2002, and has invested more than $30 million in environmental sustainability projects. It proceeded with construction in 2022 following an order from the Federal Energy Regulatory Commission that aimed for project completion by 2027.
“The urgency surrounding this project is underscored by the increasing volatility in weather and available water resources, our recent experiences with near water shortages, and the wildfire threats to our collection area,” Denver Water articulated.
As of Sunday night, there have been no new developments filed in the court case.
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