Intergovernmental Agreement with the Denver Board of Water Commissioners for the Moffat Collection System Project (Gross Reservoir Expansion)

The Board of Water Commissioners for the City and County of Denver, also known as Denver Water Board (“DWB”) is in the process of gaining approval for a planned expansion of Gross Reservoir, known as the Moffat Collection System Project (the “Project”). DWB has applied for the required §Section 404 permit from the Army Corps of Engineers (“Corps”) and a hydropower license amendment with the Federal Energy Regulatory Commission (“FERC”). In addition, DWB is completing an Environmental Impact Statement (“EIS”) under the National Environmental Policy Act for the Project, the final version of which is due to be released in early 2013.

Boulder County filed extensive comments to draft EIS (“DEIS”), and in fact stated in those comments that the County did not find the that the EIS adequately addressed the myriad of impacts which will result from the Project. While Project impacts identified in the EIS will be mitigated and enforced under the Corps §404 permit, the FERC license, and other permits, we have identified specific local impacts from this project which will impact our residents, lands and infrastructure but which are not likely to be addressed in the EIS or federal permits and licenses.

In 2011, the Board held a public hearing and took testimony from many residents living near Gross Reservoir or along roadways in the area. The testimony pointed out the specific impacts the construction of this project will have on people living in these areas. In addition, we have looked at the impacts the expansion will have on the public lands in the area, and the impact an increased supply of water will have on growth and development in the north metro area. In order to better address the impacts of the project and to define more appropriate mitigation measures, staff feels the use of an IGA in lieu of processing an application under Section 8 of the Boulder County Land Use Code (our 1041 Authority), better serves Boulder County and the residents living in the vicinity of the roadways and reservoir. This is especially true given the fact DWB argues that our 1041 Authority is preempted by the FERC and Corps permitting and licensing processes, and if challenged in a court of law and the argument sustained, Boulder County would have no ability to regulate the impacts of the Project.

Staff from DWB and Boulder County have been working together to come up with the most comprehensive agreement which we believe will be acceptable to each decision making body. The DWB Board of Directors considered this IGA at their meeting on Wednesday, December 19, 2012.

Please view the Staff Memo and Draft IGA for the December 20, 2012 hearing (348 KB) or Denver Water Moffat Collection System Project for more information.

Information regarding this matter is also available for public examination at the Boulder County Land Use Department, 13th and Spruce, Boulder, Colorado, 303-441-3930.

Upcoming Public Hearing Information:

Future public hearings will be posted as they are scheduled.

Past Public Hearings:

Board of County Commissioners: Public Hearing on Proposed Draft Intergovernmental Agreement with the Denver Water Board concerning the Moffat Collection System Project and expansion of Gross Reservoir. Public testimony was taken. View hearing summary or view an archived video of this hearing.
Date: Monday, January 7, 2013
Time: 5 p.m.
Location: Boulder County Courthouse Building, 1325 Pearl Street, 3rd floor Hearing Room

Board of County Commissioners: Public Hearing on Proposed Draft Intergovernmental Agreement with the Denver Water Board concerning the Moffat Collection System Project and expansion of Gross Reservoir. Public testimony was taken. View an archived video of this hearing (scroll to event 24 in the video bookmarks menu).
Date: Thursday, December 20, 2012
Time: 4 p.m.
Location: Boulder County Courthouse Building, 1325 Pearl Street, 3rd floor Hearing Room
Documents: Staff Memo and Draft IGA for December 20, 2012 hearing (348 KB)

Board of County Commissioners: Public Hearing on potential impacts and possible mitigation measures related to the proposed Moffat Collection System Project, September 12, 2011.


Contacts

Land Use Planning Division

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