Denver Water is ready to escalate its legal battle regarding the partially constructed Gross Reservoir Dam, as it pursues high-stakes negotiations potentially leading to the U.S. Supreme Court.
The utility, which serves approximately 1.5 million customers in the Denver metropolitan area, has expressed its commitment to uphold what it views as its legitimate rights to proceed with the ongoing construction of the $531 million reservoir project.
General Manager Alan Salazar emphasized the agency’s responsibility to pursue this legal course, stating, “It would be irresponsible not to do that.”
The situation escalated earlier this month when Senior U.S. District Court Judge Christine Arguello halted all construction on the dam following a request from the nonprofit organization Save the Colorado. The injunction came after months of stalled negotiations over environmental protections for the project.
Following the injunction, Denver Water promptly sought temporary relief, arguing that halting construction could endanger safety due to the precarious state of the incomplete dam’s structure, which towers above Gross Reservoir in western Boulder County.
Judge Arguello granted Denver Water’s request for temporary relief while the legal dispute continues. Now, the water agency has filed an emergency appeal with the federal appeals court, hoping to restore its right to advance construction.
Environmental advocate Gary Wockner, who leads Save the Colorado, is prepared to contest Denver Water’s claims. He affirmed their readiness to defend the district court’s decision to halt construction.
The tension surrounding the Gross Reservoir project comes in the wake of a significant settlement secured by Northern Water with Save the Colorado and its affiliate, Save The Poudre.
This recent agreement, worth $100 million, allows for the continuation of the Northern Integrated Supply Project (NISP), which aims to restore the Cache la Poudre River, ensuring that additional water is left in the river while still meeting local water demands.
In contrast, the two-year dialogue between Save the Colorado and Denver Water regarding the Gross Reservoir Dam expansion did not yield any beneficial environmental agreement, leading to the significant legal conflict currently unfolding.
As negotiations surrounding a potential settlement remain unclear, Salazar declined to comment on whether a deal akin to the NISP settlement could be formulated over the Gross Reservoir issue. He noted, “I don’t want to get into the cost of a settlement. But the impact on ratepayers would be significant.”
The outcome of this legal case has wider implications, as water officials across Colorado are closely monitoring the proceedings. The implications could set precedents for how future water projects are permitted and executed in the state.
Ron Redd, the general manager of Parker Water and Sanitation, expressed concerns regarding the instability caused by the preliminary injunction against the Gross Reservoir project. He remarked on the necessity of consistency in project permitting processes, indicating that disruptions could pose significant challenges for future projects.
Denver Water’s plans for raising the Gross Dam have been in the works for over 20 years. The utility commenced the design and permitted procedures essential for water projects, a process that included extensive engineering, studies, and analyses by both federal and state authorities.
Construction on the dam began in 2022, involving the raising of the original dam—initially built in the 1950s—by 131 feet. This expansion aims to almost triple the reservoir’s capacity from 42,000 acre-feet to 119,000 acre-feet, the equivalent of sufficient water to provide for four urban households annually per acre-foot.
Denver Water has communicated that this additional storage capacity is crucial for securing future water supplies, especially as climate change raises concerns about diminishing stream flows within its water network, particularly regarding the Fraser River, a tributary of the Upper Colorado River.
The expansion is also viewed as essential for enhancing the utility’s ability to manage water distribution from the northern sections of its system in case challenges arise from the southern areas, as evidenced during the 2002 drought.
While the judge acknowledged the relevance of climate change in these considerations, she determined that Colorado River flow losses due to climate alterations were not adequately considered in the Army Corps’ evaluations, leading to her reversal of Denver Water’s permits.
The judge’s decision criticized the Army Corps for failing to engage in a comprehensive analysis of alternative approaches to the Gross Reservoir expansion, raising critical questions for the future of water project permitting.
Wockner has stated that compelling the U.S. Army Corps of Engineers and Denver Water to reassess water projections in light of new climate data is vital to safeguarding the broader Colorado River ecosystem and eliminating harmful dam projects.
As the legal discourse unfolds, it remains uncertain whether the issues raised might eventually escalate to the U.S. Supreme Court. However, James Eklund, a prominent water attorney and former director of the Colorado Water Conservation Board, remarked on Denver Water’s preparedness and ability to present an informed case if that path is pursued.
“They have really sharp people over there. I would say they are not only willing, they would have the facts to present a case they believe would be successful,” Eklund noted, highlighting the seriousness of the situation for water management and environmental protection in Colorado.
image source from：https://coloradosun.com/2025/04/24/denver-water-vows-to-take-gross-reservoir-dam-expansion-fight-to-the-u-s-supreme-court/
