PEAK TO PEAK - A federal judge has issued an injunction against the Denver Water’s Gross Reservoir expansion that halts construction at the project for the time being. The judge later stayed the injunction for two weeks to allow Denver Water to appeal the decision.  Another hearing is scheduled for late April or early May to determine if the injunction should be made permanent.

Denver Water has appealed to the 10th Circuit Court of Appeals to overturn the decision and allow the project to move forward in time for the summer construction season. The executive director of Save the Colorado, Gary Wockner, wrote in a statement, “We are pleased with the judge's ruling and will continue to defend it if Denver Water appeals.” Save the Colorado is one of the plaintiffs in the case.  

The injunction comes after Denver Water and a coalition of environmental organizations failed to come to an agreement regarding remedies for environmental damage caused by a failure to properly permit the project. An October ruling by Judge Christine Arguello determined that the Army Corps of Engineers violated three federal laws when issuing a “dredge-and-fill” permit for the project.

Judge Arguello instructed the Army Corps of Engineers to start over with the permitting process and seriously consider alternatives to the expansion given the consequences of climate change on snowpack and resulting water content.

The current injunction prohibits enlargement of Gross Reservoir, including tree removal, water diversion, and the filling in of wetlands.

Denver Water in a statement expressed concern over the safety of the unfinished project and the potential loss of key personnel if the injunction isn’t lifted.

“Leaving the project incomplete creates ongoing safety and water supply issues, as Denver Water cannot fill the reservoir to capacity during construction and, as we have testified to the judge, the original gravity dam has been deconstructed and its foundation excavated, exposing steep rock slopes that depend on bolts to temporarily shore them up.

“This order is also exacting a significant human cost, as it comes just as Denver Water and its contractors were preparing for spring construction season. With an extended freeze on construction, hundreds of men and women will be thrown out of work, many with specific skillsets who relocated to the region to work on this specific project. It also required enormous effort over years from Denver Water and its contractors to build the workforce for this complex project. All of that now stands in jeopardy, causing immediate harm to our valued workers, their families, the dozens of business partners, and our local economy.”

Judge Arguello refused to allow the project to continue on the grounds that it had already been started, saying Denver Water jumped the gun before all legal objections had been resolved.

In her ruling Arguello stated “This court will not reward Denver Water for starting construction on the project despite being aware of the seriousness of the environmental law challenges.

“The Court does not find Respondents’ and Intervenor’s arguments about alleged cost, delay and the alleged urgent need to address droughts persuasive because these alleged hardships are largely self-inflicted.”

Wockner in his statement said “Denver Water rolled the dice with ratepayers’ money, which was a mistake. We remain open to negotiations to find a mutually agreeable path forward.”

Court proceedings in the next month will determine whether Denver Water can start up the construction again this year or have to wait for the Army Corps of Engineers to redo the permitting process.

The full Denver Water statement on the ruling is www.denverwater.org/news/denver-water-statement-regarding-april-3-2025-court-remedy-order-gross-reservoir-expansion. The text of the ruling is at savethecolorado.org/wp-content/uploads/2025/04/176-Order-on-Remedies.pdf.