Denver, CO — A U.S. federal judge has ruled that the U.S. Army Corps of Engineers breached multiple federal environmental laws in issuing a permit for the expansion of Gross Reservoir, overseen by Denver Water. This decision, delivered by Judge Christine M. Arguello of the U.S. District Court of Colorado, marks a significant setback for the project that commenced construction last year with the objective of raising the dam’s height by 125 feet to enhance water storage capabilities for the Front Range.
Judge Arguello found that the Corps contravened the Clean Water Act and the National Environmental Policy Act by granting the dredge-and-fill permit in 2017, which sanctioned the excavation and repositioning of earth materials impacting wetlands. The ruling highlighted the requirement for the Corps to exhaustively explore and prioritize construction alternatives that minimize environmental degradation before arriving at a decision.
The contested expansion was projected to triple the reservoir’s capacity by submerging over half a square mile of forest and leading to the felling of approximately 500,000 trees. While the judge’s ruling disrupts the ongoing work on the dam, Denver Water articulated concerns regarding the need to continue certain construction activities, claiming a halt could compromise the structural integrity of the dam.
Environmental advocacy groups, including the six that initiated a lawsuit in 2018, have applauded the ruling as a triumph for conservation efforts. Gary Wockner, executive director of Save the Colorado and a plaintiff in the case, celebrated the decision as protective of local ecosystems and community interests adversely affected by water diversion practices.
In their defense, Denver Water has long maintained that the expansion is critical to ensuring the utility’s resilience against potential future water shortages and emergencies such as prolonged drought conditions. However, the judge critiqued the Corps’ elimination of less environmentally harmful alternatives and the underestimation of climate change impacts on water availability, suggesting that expansion might not be feasible or practical under future conditions with reduced water inflows.
Judge Arguello expressed disapproval towards Denver Water for advancing construction prior to the resolution of legal challenges, indicating that the utility’s strategic choices had precipitated their current predicaments. She mandated that the environmental groups, Denver Water, and the Army Corps of Engineers collaborate to explore potential solutions moving forward.
Meetings to discuss these remedies are set to commence shortly, focusing initially on the rectification of damages incurred and the determination of subsequent steps. Denver Water has expressed its intention to engage cooperatively through the legal processes to drive the crucial project to fruition.
In a time when the utility was celebrating the construction milestones likening them to ancient architectural feats, the legal rebuke serves as a serious call to reassess the project’s alignment with environmental stewardship and regulatory compliance.
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