Denver Water statement on seeking dismissal of its appeal of 1041 case

July 29, 2020 - A year ago, Denver Water submitted an application with Boulder County to begin the 1041 process related to the Gross Reservoir expansion. At the same time, we sought clarity in the courts on whether the expansion was subject to that process. Boulder County, however, notified Denver Water it would not process its 1041 application as long as the utility was challenging its jurisdiction in court.

In the wake of the July 16 FERC order requiring Denver Water to move ahead with the project, Denver Water is seeking voluntary dismissal of its case in state court and asking that Boulder County move ahead with processing our 1041 application.

Denver Water is making this course change because the FERC order requires Denver Water to meet a variety of deadlines and milestones, including beginning construction within two years. Therefore, time is of the essence; we don’t have the opportunity to move the jurisdictional questions through the appeals procedure. We need to move the project forward and work through the 1041 process. We have long welcomed, and incorporated, input from Boulder County and the project neighbors and we look forward to continuing that process at the earliest possible date.