This story first appeared at coloradosun.com.
By Michael Booth, The Colorado Sun
Denver Water and Save the Colorado must enter mediation at the end of the month to see if a deal is possible on the mid-project challenge to the water utility’s $531 million dam raising underway at Gross Reservoir in Boulder County, according to an order from the U.S. Court of Appeals.
A federal trial judge initially halted construction on the nearly finished dam, saying the U.S. Army Corps of Engineers permits for Denver Water violated U.S. environmental laws and that the water level at Gross could not be raised. Judge Christine Arguello later lifted the injunction on construction, for safety reasons, while Denver Water appealed the permit issues to the 10th Circuit Court of Appeals.
The 10th Circuit will take briefs from both sides of the dam dispute in November, and is now ordering a mediation session for Oct. 30. The intention of the conference is to “explore any possibilities for settlement.”
Construction has continued since the injunction was lifted, with Denver Water pouring thousands of tons of concrete to raise the existing dam structure on South Boulder Creek.
Denver Water has argued it needs additional storage on the north end of its sprawling water delivery system for a million metro customers, to balance extensive southern storage employing water from the South Platte River basin.
Save the Colorado and co-plaintiffs the Sierra Club, WildEarth Guardians and others argue too much water has already been taken from the Colorado River basin on the west side of the Continental Divide, and that the forest-clearing and construction at Gross is further destructive to the environment. Gross Reservoir stores Fraser River rights that Denver Water owns and brings through a tunnel under the divide into South Boulder Creek.
“We look forward to having a constructive conversation with Denver Water to find a mutually agreeable path forward that addresses the significant environmental impacts of the project,” Save the Colorado founder Gary Wockner said.
When securing required project permits from Boulder County, Denver Water had previously agreed to environmental mitigation and enhancements for damages from Gross construction. But Save the Colorado and co-plaintiffs sued to stop the project at the federal level, and Arguello agreed that the Army Corps had failed to account for climate change, drought and other factors in writing the U.S. permits.
Denver Water declined comment Tuesday on the mediation order.
The halt and restart of the Gross Dam raising came in what has turned out to be a tumultuous year for major Colorado water diversion and storage projects.
Editor’s note: This story is a product of Fresh Water News, a nonprofit news organization.
