Click the link to read the article on the InkStain website (John Fleck):
October 18, 2024
A federal judge this week criticized the federal government for failing to consider the risk of a Colorado River Compact call in its environmental review of the planning for Denver Water’s expansion of Gross Reservoir in Boulder County.
Wrangling over the risk of a compact call – which the judge said could force water use reductions in the Upper Basin if the Upper Basin states fail to deliver enough water past Lee Ferry to the Lower Basin – has been a key point in current negotiations between the two basins over future Colorado River operations.
The ruling, in a lawsuit against Gross Reservoir expansion by Save the Colorado River and others, allows construction to proceed, but criticizes the project’s planners for not considering the fact that the risk of a compact call means there might not be enough water to fill it. (Here’s Elise Schmelzer’s article about the decision.)
In the decision, federal judge Christine Arguello noted that the Army Corps of Engineers environmental review of the project “rests on the assumption that there will be no compact call…. However, considering the American West’s last few decades of severe aridity, such an assumption warrants considerable scrutiny.”
Here’s the full language from Arguello’s ruling. I’ve bolded the key bits:
Further reading of the judge’s sources:
