In March 2019, scores of TEG members and citizens showed up at the Boulder County Commissioner public hearing. This resulted in the Boulder County Commissioners unanimously voting to force Denver Water to undergo the local 1041 permit process.
After the hearing, Denver Water said they "remain committed to finding a path forward with the county that respects the community's needs and concerns while allowing the project to proceed, which is why we have initiated the 1041 application process."
Denver Water even began the scheduling process with county staff, allegedly submitting the 1041 application by early July. This "neighborly activity" is promoting the illusion that Denver Water is a willing partner. At the very same time the 1041
was being scheduled, Denver Water began the process of suing Boulder County.
Denver Water claimed Boulder County "exceeded their jurisdiction and/or abused their discretion" in their determination on March 14th, and that Denver Water is still exempt from the local permit process.
Denver Water's litigious tactics attempt to distract and drain resources without having the evidence to support their claim. This is clearly supported by the fact that on July 29, 2020 Denver Water filed a motion to dismiss its suit. This happened pursuant to Denver Water receiving an approved license from FERC which stipulated deadlines for completing the project. Now that it is no longer in their best interest to conduct long and expensive court cases with Boulder County they are willing to go forward with the 1041 permitting process.
No matter the number of lawsuits they have, Denver Water cannot evade the local permit process. This process exposes the numerous ways the project falls short to provide sufficient evidence that the project is necessary and worth the massive environmental devastation it would cause.