From The Boulder Daily Camera (Charlie Brennan):
The action filed to the Colorado Court of Appeals raised several issues to be addressed by the higher court, including whether Boulder District Court Judge Andrew Macdonald erred in his Dec. 27 decision by concluding Boulder County had not exceed it jurisdiction, abused its discretion or misapplied the law in determining it had regulatory control over the project.
“While we appreciate the district court’s consideration, we respectfully disagree with the conclusion and have decided to exercise our right to further review by the court of appeals,” Denver Water spokesman Travis Thompson said in a statement.
“The Gross Reservoir Expansion Project is a vital component of developing a more secure, reliable drinking water supply for a quarter of the state’s population,” he added. “In the face of the uncertainties of climate change that bring more frequent and extreme droughts and precipitation events, we’ve come together with partners on both sides of the divide to ensure the project benefits the environmental health of our entire state.”
Denver Water, which serves 1.4 million customers in the Denver metro area, but none in Boulder County, had planned to start construction in 2019 on what would be the largest construction project in Boulder County history, raising Gross Dam by 131 feet to a height of 471 feet, and increasing the capacity of the reservoir by 77,000 acre-feet.