PEAK TO PEAK - The 10th Circuit Court of Appeals on April 11, 2025, issued a stay of execution of a Federal judge’s order to halt construction on Gross Reservoir for violations of Federal laws.

The Appeals Court granted Denver Water permission to restart construction while it reviews the litigation before making a final decision on the appeal.

Denver Water appealed Judge Christine Arguello’s April 3 ruling that the United States Army Corps of Engineers (US ACE) had violated environmental and clean water regulations in granting permits to Denver Water for the expansion of Gross Reservoir. The ruling called for a halt to the construction until the US ACE redid the permitting process to account for climate change and alternatives.

An exact date has not been set yet for when the Appeals Court will issue their ruling regarding Judge Arguello’s decision.

If the Appeals Court overrules the decision, then Denver Water can continue construction to finish the expansion and fill the reservoir.

If, on the other hand, the Appeals Court affirms the decision, then Denver Water can only continue construction until the dam is considered structurally safe and then would have to wait until the US ACE redid the permitting process.

Judge Arguello has set a trial date of May 6, 2025, to hear expert testimony on how much construction is needed to make the dam safe and usable.

Use the search term: “Gross Reservoir expansion update“ for more information about the status of the litigation and expansion.

Denver Water has a press release at denverwater.org/tap/gross-reservoir-expansion-project-gains-support.

Save the Colorado, which is one of the petitioners in the litigation, has a press release at savethecolorado.org/colorado-river-update-mile-high-drama-in-the-mile-high-city.