Judge Rules Against Denver Water!
Dec 28, 2019
By Beverly Kurtz
We are celebrating a HUGE WIN!
After TEG organized a strong showing from the public at County Commissioner hearings in Boulder last March, Boulder County determined that Denver Water must go through a local permitting process via 1041 state regulations before proceeding with the construction of an expanded Gross Dam. Denver Water promptly sued Boulder County over that decision and TEG joined the county as an intervenor in the case.
On Friday, December 27th Colorado State District Court Judge Andrew Macdonald ruled against Denver Water and in support of Boulder County and TEG. In a seven-page ruling, the court stated that, based on evidence placed on the record by both sides in the controversy, he found Boulder County “did not exceed its jurisdiction or abuse its discretion, or misinterpret or misapply the law,” when it asserted its permitting authority.
Boulder County 1041 permitting requirements are very stringent. In order to obtain a permit, Denver Water will now need to submit a detailed application proving that they will be able to construct the proposed dam while complying with Boulder's requirements to conform to the Boulder County Comprehensive Plan.
Be assured that TEG will be on top of everything related to this process and we will keep you informed of when and how we need YOU to step up and get involved!