To increase its water supply, the City and County of Denver's Board of Water Commissioners (Denver Water) is applying to the US Army Corps of Engineers for Clean Water Act section 404 permit that will allow Denver Water to enlarge their Gross Reservoir project. In July 2008, the Corps began drafting an Environmental Impact Statement that analyzes alternatives associate with enlarging Gross Reservoir, located on South Boulder Creek - Boulder County, Colorado. As with all Denver Water's facilities, Gross Reservoir is operated for water supply purposes, with generation of hydroelectric power being a secondary benefit resulting from releases from the reservoir to meet water supply needs.

While the Army Corps examines project alternatives to be released for public review and comment in the Draft EIS, Denver Water initiates an application to the Federal Energy Regulatory Commission (FERC) to change the license issued in 2001 and amended in 2004. Unlike the Corps EIS process, whereby the public is given time to comment on the Draft EIS once it is released, the FERC amendment process requires Denver Water to consult with stakeholders on any proposed changes to the FERC license, and then incorporate stakeholder input into the amendment application. To draft their FERC licens amendment application, Denver Water will wnat to hear comments from the public and agencies on the changes it proposes to the Gross Reservoir FERC License, including changes to hydropower generation, and relocating roads, trails and other recreation facilities.

The impacts associated with enlarging Gross Reservoir will be addressed in the Corps EIS, which will be included in the final FERC application as supporting documents or exhibits. Before the draft EIS is released, Denver Water will provide a Pre-Application Information Document (PAD) to interested stakeholders, including American Whitewater, that describes the proposed changes to the FERC license. Comments on the PAD can be submitted until September 29th, 2008 to Denver Water. Following the comment period, Denver Water will take comments into consideration and prepare the draft FERC amendment application. At the same time, the draft EIS which contains much of the information needed in the amendment application will be released for public review and comment. The comment period for Denver Water's draft application will be open for 90 days. The draft EIS will also be open for public comment for 90 days, twice the required 45 day timeline. It is important to know that comments should be made separately to Denver Water and the Army Corps of Engineers.

After the 90 day comment period, the Army Corps will complete it's NEPA review process, and issue a Final EIS and a Record of Decision regarding Denver Water's 404 permit. Denver Water will use comments from the 90 review period to finalize it's amendment application. Once the final EIS is complete, Denver Water will submit it's application to the FERC, using the Final EIS to support the changes to their hydropower license for Gross Reservoir.