Conservation Corner

Proposed Gross Reservoir Expansion

For years now, Denver Water has been pressing forward with a scheme to expand the dam in western Boulder County to store more water from the already-depleted Jim Creek and the Fraser River, thereby exacerbating the drying out of the Upper Colorado Basin. This is a disastrous environmental policy that will worsen our preparation for climate change.

BCAS first pointed out problems with the scheme in the 2016 analyses of the Draft and Final EIS documents in the Federal permitting process. However, none of the Federal agencies really did its job, and Federal permits were eventually issued without any real examination of the project and its impacts.

Fortunately, Colorado State Law includes a provision known as 1041 authority, which provides the county with regulatory authority over large projects of statewide interest within its borders. Boulder County asserted its 1041 authority over the proposed Gross Reservoir expansion early on. Denver Water has contested this regulatory authority at every step, and has lost at every step.

Hence, it is clear at this point that the Boulder County Commissioners will have full authority to review and regulate the project. Note that if it proceeds, this would be the largest construction project ever built in Boulder County.

Oil and Gas Regulations in Boulder County

Over the last few decades, the Boulder County Commissioners have been particularly astute in creating oil and gas regulations that provide maximum health and environmental protections without overreaching and provoking court rulings that would limit their flexibility and authority. Fortunately, new state legislation gives local governments far greater authority to protect both human health and the environment. That legislation also gives the Colorado Oil and Gas Conservation Commission (COGCC) a whole new mandate to protect the environment and human health and direction to revise its regulations.

The Board of County Commissioners is moving ahead with new rules and regulations with its usual care. It should be noted that Commissioners Elise Jones and Deb Gardner are term-limited, so there will be two new commissioners after the November election.

Singing Marsh Wren. Photo by Kevin McCarthy.

South Boulder Creek Flood Mitigation—CU South

The Boulder City Utility Department’s plans to build flood mitigation structures in this area have long been tied to the University of Colorado (CU) annexation demands as CU has made its cooperation on flood mitigation conditional on the city’s acquiescence with CU’s plans.

The most recent city plans include building on five acres of Open Space and Mountain Parks property, which would require a property disposal by the Open Space Board of Trustees (OSBT). OSBT has made it clear that it will not consider disposal until it is presented with a full analysis of the upstream alternatives for flood mitigation. BCAS supports that position.

Finally, two citizen groups: PLAN-Boulder County and Save South Boulder initiated an amendment to the City Charter that would have set conditions for annexation that would have protected open space and set limits to development of the CU-South property. The City Attorney interfered and set this signature campaign back six weeks but a number of signatures was still obtained in a short time period, so citizens’ concerns are clear. How Boulder City Council will respond remains to be seen.