Attorneys for Boulder County asked a federal judge Tuesday to dismiss Denver Water’s lawsuit that claims the county is delaying the expansion of the Gross Reservoir.
It’s a repeat of 2019, when the county defeated Denver Water in state court over a similar dispute. Because of that, argued David Hughes, an attorney for Boulder County, the latest lawsuit should be dismissed.
Denver Water’s lawsuit, filed on July 14, claims Boulder County commissioners are taking too long to approve a permit the utility needs for the $464 million expansion of Gross Reservoir southwest of Boulder.
County officials said the lawsuit caught them off guard and now-public correspondence shows they had warned Denver Water multiple times that several outstanding questions about the project remained unanswered.
Denver Water wants a federal judge to rule that existing federal approval for the expansion preempts any oversight or authority Boulder County might have.
But the U.S. District Court for the District of Colorado ruled nearly two years ago that the county has the permitting and regulatory authority, Boulder County representatives said Tuesday in a release.
“A losing litigant deserves no rematch after a defeat fairly suffered, in adversarial proceedings, on an issue identical in substance to the one he subsequently seeks to raise,” Hughes wrote.
Denver Water representatives could not immediately be reached for comment.
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