Following a day of testimony on May 6, Denver Water has been asked by U.S. District Court Judge Christine Arguello to provide the court with the utility's final summary highlighting its position following the witness testimony and exhibits. There isn’t a specific timetable set for this yet.

The focus of the hearing was for the judge to determine if construction can safely stop while Denver Water moves forward on an additional permitting review as the court ruled on April 3. Here is Denver Water’s statement on the risk presented by delaying construction:

As we continue to work through the legal process to see this critical regional project move forward, maintaining the integrity of the dam structure remains paramount. Over the course of many years, dam safety engineers, third-party dam safety experts and permitting agencies prioritized the safety of the downstream community during the extensive design, review and approval process.

Any deviation from that extensive and expertly planned work significantly increases the risk of a catastrophic event. Dam safety experts at both the Office of the State Engineer and the Federal Energy Regulatory Commission have expressed concern about what a pause would mean for the safety of the dam.

The safest path forward is to continue construction to raise the dam on the current and mandated timeline set by the Federal Energy Regulatory Commission.

As extreme weather events occur more frequently in our region, the potential for a flooding event that could have severe impacts on an unfinished dam is very real, particularly for the downstream communities of Eldorado Springs, Boulder, Lafayette and Greeley. A wildfire or drought impacting Denver’s water collection system are also realistic risks that only compound the effects that a delay on this project will have on the 1.5 million people, a quarter of Colorado’s population, who rely on Denver Water every day.

Denver Water has already started the appeal process with the 10th Circuit Court of Appeals. As part of this, the project has been allowed to continue (under a temporary stay) while legal proceedings are underway.

Additional updates and information about the Gross Reservoir Expansion Project:

• Denver Water statement regarding the April 3, 2025, court remedy order on Gross Reservoir Expansion Project
• Project website
• Gross Reservoir Expansion Project gains support
• What’s at stake in the Gross Reservoir Expansion Project
• Gross Reservoir project supported by state’s leaders
• Wide range of environmental benefits tied to Gross Reservoir