Click the link to read the article on The Denver Post website (Elise Schmelzer). Here’s an excerpt:
October 17, 2024
The U.S. Army Corps of Engineers violated the Clean Water Act and the National Environmental Policy Act when approving permits for the construction of the dam, U.S. District Court Judge Christine Arguello found in the ruling, issued Wednesday. The federal agency failed to sufficiently consider other options that could be less environmentally damaging than dam expansion, Arguello wrote in her order. Arguello did not order Denver Water to stop construction on the dam, in part because the utility already plans to halt construction in November for the winter season. An abrupt halt to the project could also affect the integrity of the dam, she wrote. The defendants and plaintiffs will now work to create a remedy for the improperly issued permits. Each side must submit briefs on proposed solutions to Arguello by Nov. 15. In a statement, Denver Water said it still hopes “to move the project toward completion.”
[…]
Denver Water argued in its filings that the issues raised were moot since construction had already begun and one of the permits in question already used. Arguello, however, dismissed that argument, as the reservoir had not yet been expanded and the 400 acres of land and 500,000 trees it would drown still remained above water…
One of the Army Corps of Engineers’ failures was its lack of analysis of how climate change could impact the project. As climate change shrinks the amount of water available in the Colorado River system, Arguello asked, is it practical and reasonable to build a reservoir to store water that doesn’t exist? The lack of analysis shows that the USACE did not fully analyze the practicality of the dam project, as required by law, she wrote.