Denver Water plans appeal of judge’s ban on filling expanded Gross Reservoir

Denver Water will appeal a federal judge s order barring the utility from filling Gross Reservoir once the construction on the new higher dam is complete The utility on Tuesday filed a notice to the th Circuit Court of Appeals stating it will challenge U S District Judge Christine Arguello s new order that prohibits the filling of the reservoir to take advantage of the higher maximum until federal permitting processes are redone Arguello exposed that the U S Army Corps of Engineers violated federal environmental law during its permitting process when it analyzed the environmental impact of the million reservoir expansion Construction on the dam which is being raised by feet can continue while the appeal proceeds Arguello on May lifted her previous ban on the construction after finding it would be dangerous to halt the project Work began in is about complete The expanded reservoir would be triple the size of the current body of water outside Nederland and add enough water to serve about more households Arguello on Thursday ordered the Corps of Engineers to redo its monthslong permitting process for the project Environmental groups opposed the reservoir expansion because it requires the clear-cutting of a half-million trees and will cause the utility to draw more water from the already-strained Colorado River system Related Articles Gross Dam construction can continue but Denver Water can t fill enlarged reservoir judge rules Denver Water forges ahead on Gross Dam construction for now while project remains in legal jeopardy Feds approval of Gross Reservoir dam expansion violated environmental law judge rules Federal regulators failed to properly analyze the project s environmental impacts or analyze less harmful options for Denver Water to meet its water supply demands the project s opponents argued Arguello in October issued a ruling agreeing with specific of the groups arguments and ordered the two sides to work out a explanation When a consensus could not be reached she imposed her own orders Get more Colorado news by signing up for our Mile High Roundup email newsletter