10th Circuit lifts injunction, allowing Denver Water to finish Gross Dam expansion
The U.S. Court of Appeals for the 10th Circuit vacated a lower-court injunction, permitting Denver Water to complete and fill the expanded Gross Reservoir.
The 10th Circuit Court of Appeals cleared the path for Denver Water to finish the Gross Dam project after nullifying a permanent injunction imposed by a district court. Judge Timothy Tymkovich wrote that the Corps’ technical judgments fell within the agency’s discretionary authority and were not arbitrary. The injunction had previously stopped the utility from filling the new reservoir capacity and from clearing surrounding trees.
The expansion, completed in July at a cost of $600 million, raises the dam by 131 feet and adds 77,000 acre-feet of water storage, supporting Denver’s plan to secure an extra 18,000 acre-feet of annual yield for 1.5 million residents. Environmental groups, led by Save the Colorado, had sued the Army Corps and the Department of the Interior over alleged deficiencies in the Clean Water Act and NEPA reviews. The appellate court’s ruling sends the case back to the district court with instructions to enter judgment against the plaintiffs. No comment was provided by the Department of Justice or the plaintiffs’ attorney.
Why it matters
The ruling enables a major water-storage project that could help Denver meet future drought-related water needs.
How the sides frame it
MODERATE AGREEMENTLeft-leaning coverage highlights the project’s controversy and the lower court’s criticism of the Corps, while centrist coverage stresses the court’s affirmation of agency authority and the water supply benefits.
LEFT
Frames the decision as confirming permits but underscores the reservoir’s controversy and the prior judge’s concerns about insufficient review of alternatives.
CENTER
Frames the ruling as a legal clearance that validates the Corps’ technical judgments and emphasizes the added water storage for Denver residents.
The left emphasises
- the reservoir is described as "controversial"
- the district judge had said the Corps failed to consider less-damaging alternatives
- the expansion costs $600 million and is largely complete
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