Denver Water sues Boulder County over Gross Reservoir expansion |

Denver Water sues Boulder County over Gross Reservoir expansion

Conrad Swanson
Denver Post

Denver Water sued Boulder County in federal court on Wednesday, claiming commissioners are taking too long to consider the utility’s request to expand the Gross Reservoir.

The longstanding project that officials say is vital to Denver’s water supply has been in the works since 2002. Denver Water needs the Board of County Commissioners in Boulder to approve a 1041 permit before it can begin the reservoir expansion, which would offer the county none of the increased water security and all of the construction traffic and ecosystem damage.

Denver Water CEO Jim Lochhead previously told The Denver Post the utility had applied for the 1041 permit earlier this year and anticipated receiving approval by this fall.

“Unfortunately, Boulder County has used the 1041 permit process to frustrate and prevent Denver Water from proceeding with the Expansion Project,” Denver Water’s attorneys said in their legal complaint, which was filed in U.S. District Court and names the county and the three county commissioners.

The county has delayed its review of Denver Water’s 1041 application to the point that it threatens the utility’s ability to comply with federal requirements for the project, the complaint said.

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