Public hearings set for August and September are canceled

Boulder County, Colo. – Last September (2020), Denver Water submitted an Areas and Activities of State Interest (1041) application to Boulder County Community Planning & Permitting (CPP) for its Gross Reservoir Expansion project.

Since that time, CPP requested additional information from Denver Water. On June 29, 2021, the CPP Director acknowledged Denver Water’s intent to not provide additional requested information, and determined the 1041 review will move to public hearings.

Denver Water filed a lawsuit against the county in July 2021. The lawsuit alleges that the county does not have the authority to regulate the project because the project requires a permit from the Federal Energy Regulatory Commission. Because of the lawsuit, on July 26, Denver Water’s attorney requested that the CPP Director place the 1041 application on hold, and CPP Director Dale Case granted the request the next day, July 27.

Consequently, public hearings that were set for August and September have been canceled.

“It makes sense to have the court resolve the legal issues about whether Boulder County can proceed before conducting hearings on the 1041 review,” said Case. “We have already devoted significant time and resources to processing Denver Water’s application, and it would take even more county resources to proceed with public hearings.”

The Areas and Activities of State Interest (1041) application for the expansion of Gross Reservoir is a request to store an additional 77,000 acre-feet total of water, which includes increasing the dam height by approximately 131 feet, the dam length by approximately 790 feet, and the spillway elevation by approximately 126 feet; quarry operations to obtain aggregate needed for construction; construction of a temporary concrete batch/production plant and an aggregate processing plant; permanent road improvements to Gross Dam Road from State Highway 72 to Gross Reservoir; temporary road improvements to FS359 (Winiger Ridge Road) and FS97 (Lazy Z Road); and the relocation of the Miramonte Multi-Use Trail.

View the application materials on the Docket SI-20-0003: Gross Reservoir & Dam Expansion webpage.