PRESS RELEASE: Denver Water and Gross Dam Defeated in Federal Court: Projects violates Clean Water Act and National Environmental Policy Act

10/17/2024
For Immediate Release
Contact: Gary Wockner, Save The Colorado, 970-218-8310

Denver Water and Gross Dam Defeated in Federal District Court: Projects violates Clean Water Act and National Environmental Policy Act

Boulder County, CO: Today, in a sweeping ruling in federal district court in Denver, the judge has ruled that Denver Water’s proposed massive expansion of Gross Dam in Boulder County has violated the Clean Water Act and National Environmental Policy Act.

The ruling is posted here: https://savethecolorado.org/wp-content/uploads/2024/10/GrossDam-151-Order.pdf

The comprehensive 86-page ruling finishes by stating:

“The Court concludes that:
1. The U.S. Army Corps of Engineers violated the CWA, the § 404(b)(1) guidelines, 33 C.F.R. § 323.6, and § 706(2) of the APA.
2. The U.S. Army Corps of Engineers violated NEPA, its concomitant regulations, and § 706(2) of the APA:”

The court also states, “It is ORDERED that counsel for all parties shall confer and attempt in good faith to reach an agreement as to remedies concerning the issues on which The Corps was not
in compliance.”

“This is a stunning victory for the Colorado River, the people of Boulder County, and the rule of law,” said Gary Wockner of Save The Colorado (the lead co-plaintiff). “We look forward to engaging with Denver Water to reach a good faith agreement about how to remedy The Corps non-compliance.”

This press release is posted here.

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