Gross Reservoir Expansion Project

1041 Permit

What is a 1041 Permit?

Colorado House Bill 1041, also known as the Areas and Activities of State Interest Act, was enacted in 1974 and allows local governments to regulate, through established criteria, a variety of development activities with guidance from the state.   Projects of this scale do not jump right into construction, rather they take many years of planning, study and review.  

How does the 1041 permit relate to the other State and Federal permits already received?

Federal and State Permits authorize the proposed development/project. Local permits typically enforce building codes and compliance. The local 1041 Permit allows Boulder County to designate conditions on the project prior to construction.

“Local governments may not pass regulations that are completely prohibitive of the building of municipal water facilities and expansion of existing projects; rather, the Act allows the locality to require a permit with designated conditions prior to construction.” – Water Projects and Colorado’s 1041 Regulations from Colorado Riparian Association 

  • Denver Water began the permitting process for the Gross Reservoir Expansion Project in 2003 with the U.S. Army Corps of Engineers. In 2017, after 14 years of environmental study and analysis, Denver Water received the 404 Permit and Record of Decision from the Corps.  
  • In 2011, Colorado Parks and Wildlife and the Colorado Water Conservation Board approved the Fish and Wildlife Mitigation Plan. 
  • In 2016, Denver Water and the U.S. Forest Service entered into an off-license agreement which provided mitigation and enhancement for impacts related to the Gross Reservoir Expansion Project and Denver Water operations. 
  • In 2016, the Colorado Department of Public Health and Environment approved the 401 State Water Quality Permit for the project. 
  • In July 2020, Denver Water received its last federal permit from the Federal Energy Regulatory Commission (FERC) for the project.  

Some of the federal authorizations listed require Denver Water to submit various project plans within specified time frames and after consultation with designated local-government stakeholders, such as Boulder County. Denver Water has begun work on those plans, and as plan development progresses, Denver Water will consult with local-government stakeholders, as required, to receive the necessary input to finalize the details of those plans.

We look forward to working with Boulder County and other local-government stakeholders to finalize the plans. Once consultation is complete, Denver Water will submit the plans to the appropriate federal agencies.

What is included in the 1041 review?

Boulder County’s 1041 regulations are listed in Article 8 – Location & Extent Areas & Activities of State Interest (1041) 

The public can view the entire 1041 Permit application submitted to the county by clicking here 

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