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 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. Save the Colorado looks forward to engaging with Denver Water to reach a good faith agreement about how to remedy The Corps non-compliance.
Gary Wockner, PhD, is a scientist and conservationist based in Colorado. Follow him on Twitter, @GaryWockner. Learn more at savethecolorado.org