Denver Water and opponents of its $531 million Gross Dam expansion in Boulder County failed to negotiate a remedy for an illegal permit, and have now filed their separate proposed solutions with the federal judge who threw the project into turmoil.
Save the Colorado and an environmental coalition, who have tried for years to halt Denver Water鈥檚 expansion, want senior U.S. District Court Judge Christine Arguello to now issue an injunction to stop the half-finished work while she considers a solution.
Denver Water, meanwhile, wants the permit to stay in effect even though the judge ruled in October that the U.S. Army Corps of Engineers had erred in issuing it. Halting construction would threaten safety of the new dam and violate Denver Water鈥檚 agreements with the Federal Energy Regulatory Commission, which has oversight on the hydroelectric generating portions of the expanded dam, Denver said in its brief.
The judge had given the parties until Friday night to privately negotiate mitigation for the permit she declared illegal, and will now consider each side鈥檚 proposed remedies. Save the Colorado said negotiations 鈥渕ay鈥� continue while the judge takes next steps. Denver Water would not comment.
鈥淲e earnestly complied with the court鈥檚 order to try and reach an agreement with Denver Water and the Army Corps of the Engineers to remedy the major legal violations identified by the Court,鈥� Save the Colorado鈥檚 Gary Wockner said in an e-mail statement Friday night. 鈥淯nfortunately, the parties were not able to find a solution that adequately serves all parties鈥� interests. We await any further decision and order from the court, and we remain open to negotiating a path forward with Denver Water and the Department of Justice.鈥�
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