Denver Water to seek emergency appeal of judge's ruling on Gross Reservoir expansion in Colorado
"Our main concern is to bring our workforce back, be on the ready. Be ready to take care of the dam safety issues we have by quickly raising this dam," said Denver Water's program manager of the Gross Reservoir expansion project, Jeff Martin.
Denver Water has been working on enlarging the dam since 2022 to nearly triple the reservoir's capacity. Crews were about to start the Spring construction season when Federal District Court Judge Christine Arguello issued a permanent injunction prohibiting the enlargement of the reservoir in her October decision on a lawsuit filed by some neighbors of the project and several environmental groups.
"We're looking at every way to make sure that we can keep pushing the completion of Gross Reservoir expansion forward and make sure that we can supply a reliable water supply for Denver," said Martin about remedies that could include requesting help from the Trump Administration.
Planning for the reservoir expansion began in 2002. Martin said they had met all requirements of permitting at local, state, and federal levels before starting construction, meeting requirements of the National Environmental Policy Act.
"All of the environmental impacts were analyzed in the NEPA process," said Martin.
However, in October, Judge Arguello found that the Army Corps of Engineers violated NEPA and the Clean Water Act when permits for reservoir expansion were approved. And she backed many of the opponents' claims.
"Among other things, the permitting process requires the applicant to consider the least environmentally damaging practical alternative," said neighbor Scott Engle, a member of an opposition organization that calls itself The Environmental Group.
"There were other alternatives available that would cost the ratepayer a lot less money," said Engle. Opponents favored a pipeline from Denver Water's southern water system and opposed drawing water from the headwaters of the Colorado River on the opposite side of the Continental Divide. The water is to be moved via the Moffat Tunnel to the Gross Reservoir, but Denver Water has maintained that it will only draw during periods when the tributaries are flowing well.
On Wednesday, Martin told journalists who visited the Gross Dam after an invite from Denver Water that the project will help Denver Water create a better supply and reserve in its Northern system. The project, he said, was to prevent shortages.
"We want to be able to solve the issue and weather a drought. We want to be able to weather the next catastrophic event. The next climate uncertainty. We want to make sure we have water for a growing Denver area."
But, opponents have noted that per capita water use has been falling and believe Denver Water should opt for more conservation.
The two-week stay meant some workers were on the job Wednesday. However, the pouring of additional concrete has not happened yet with the project's future in question.
"Right now, the best way we can take care of our workforce is by giving them a job," said Martin. "We're getting absolute ready so we can place concrete and start raising the dam," he said about hopes for a successful appeal.
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CNN
5 hours ago
- CNN
A big question about Alligator Alcatraz keeps coming up: Who's in charge?
Who's in charge of Alligator Alcatraz? Since the controversial detention facility opened in the Florida Everglades earlier this summer, immigrants held there, advocacy groups and two federal judges have asked this question repeatedly. The answer could play a key role in a legal battle over the facility's fate. And it has bigger implications, too. State and federal authorities have described Alligator Alcatraz as a partnership aimed at strengthening the Trump administration's efforts to crack down on illegal immigration. Florida says it's operating the temporary detention camp under agreements between state and local agencies and ICE. But when it comes to day-to-day operations at the facility, and to decisions about who's detained there, federal officials have said the state is in charge. Critics say confusion over who's ultimately responsible for the facility isn't simply a bureaucratic matter. They argue it raises concerns about accountability and oversight as detainees' lives hang in the balance. Here's a look at three key reasons the question of who's in charge is so significant. In a federal lawsuit, environmental groups are asking a judge to block operations and construction at the site until environmental laws are followed. That case hinges on the question of whether Alligator Alcatraz is a federal project. The groups and a Native American tribe argue the National Environmental Policy Act should apply to the facility. That law requires a detailed environmental impact analysis for any proposed 'major federal action.' Plaintiffs argue none of that happened before Alligator Alcatraz was built. 'They just circumvented that completely by saying this is state-run,' says Thomas Kennedy, a consultant for the Florida Immigrant Coalition, which opposes the detention facility. Attorneys representing Florida and the federal government argue the detention center, which was built in a matter of days this summer, never had to follow those regulations because construction and operation of the facility are under state control. 'ICE did not and has not ordered, supervised, or directed construction of the facility. ICE did not and has not weighed in on the number of detainees held in the facility. The State of Florida has complete discretion in deciding who is detained at this facility,' ICE Assistant Field Office Director Santiago Fuentes says in a signed declaration included in the court records. According to the Associated Press, an attorney representing the environmental group has argued that the facility's purpose is immigration enforcement, a federal function. Questions about who's doing what at the facility have also come up in connection with another federal lawsuit, which focuses on detainees' access to counsel. There is 'confusion of who exactly is running the show at Alligator Alcatraz,' US District Judge Rodolfo A. Ruiz II said in a July hearing. 'Who is doing what in this facility?' In response to his questions, officials filed paperwork showing agreements between multiple Florida agencies and ICE. Ruiz dismissed part of that lawsuit late Monday and also moved the case to a different jurisdiction, making it likely legal battles over the facility will continue. In the environmental case, US District Judge Kathleen Williams is expected to issue an order this week. And she's already temporarily blocked additional construction at the site. If she sides with the plaintiffs and issues a preliminary injunction this week, Alligator Alcatraz's days could be numbered. Among the options Williams is considering: a full operational shutdown of the facility. When complaints come up about conditions at an immigrant detention facility, or when issues arise in individual detainees' cases, it's important for lawmakers, members of the public and detainees' family members and legal representatives to know who to contact. Typically, Immigration and Customs Enforcement's website will list basic information about its detention facilities, including a detainee locator and details about family and attorney visitations, according to Claire Trickler-McNulty, a former ICE and DHS official who helped craft detention policies in previous administrations. She notes that Alligator Alcatraz isn't listed there. 'Because it's not really, officially an ICE facility, a lot of the infrastructure that's been built is not applicable. So it's sort of like floating in the dark,' she says. 'It's very concerning. … It's confusing and also frustrating, because it's so murky.' 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Even if legal challenges to Alligator Alcatraz are successful and a judge blocks the facility from operating, Kennedy says, it's clear authorities intend to use this approach elsewhere. 'It's a scary model,' he says. CNN's Devon M. Sayers, Allison Gordon and Isabel Rosales contributed to this report.
CNN
6 hours ago
- CNN
A big question about Alligator Alcatraz keeps coming up: Who's in charge?
Who's in charge of Alligator Alcatraz? Since the controversial detention facility opened in the Florida Everglades earlier this summer, immigrants held there, advocacy groups and two federal judges have asked this question repeatedly. The answer could play a key role in a legal battle over the facility's fate. And it has bigger implications, too. State and federal authorities have described Alligator Alcatraz as a partnership aimed at strengthening the Trump administration's efforts to crack down on illegal immigration. Florida says it's operating the temporary detention camp under agreements between state and local agencies and ICE. But when it comes to day-to-day operations at the facility, and to decisions about who's detained there, federal officials have said the state is in charge. Critics say confusion over who's ultimately responsible for the facility isn't simply a bureaucratic matter. They argue it raises concerns about accountability and oversight as detainees' lives hang in the balance. Here's a look at three key reasons the question of who's in charge is so significant. In a federal lawsuit, environmental groups are asking a judge to block operations and construction at the site until environmental laws are followed. That case hinges on the question of whether Alligator Alcatraz is a federal project. The groups and a Native American tribe argue the National Environmental Policy Act should apply to the facility. That law requires a detailed environmental impact analysis for any proposed 'major federal action.' Plaintiffs argue none of that happened before Alligator Alcatraz was built. 'They just circumvented that completely by saying this is state-run,' says Thomas Kennedy, a consultant for the Florida Immigrant Coalition, which opposes the detention facility. Attorneys representing Florida and the federal government argue the detention center, which was built in a matter of days this summer, never had to follow those regulations because construction and operation of the facility are under state control. 'ICE did not and has not ordered, supervised, or directed construction of the facility. ICE did not and has not weighed in on the number of detainees held in the facility. The State of Florida has complete discretion in deciding who is detained at this facility,' ICE Assistant Field Office Director Santiago Fuentes says in a signed declaration included in the court records. According to the Associated Press, an attorney representing the environmental group has argued that the facility's purpose is immigration enforcement, a federal function. Questions about who's doing what at the facility have also come up in connection with another federal lawsuit, which focuses on detainees' access to counsel. There is 'confusion of who exactly is running the show at Alligator Alcatraz,' US District Judge Rodolfo A. Ruiz II said in a July hearing. 'Who is doing what in this facility?' In response to his questions, officials filed paperwork showing agreements between multiple Florida agencies and ICE. Ruiz dismissed part of that lawsuit late Monday and also moved the case to a different jurisdiction, making it likely legal battles over the facility will continue. In the environmental case, US District Judge Kathleen Williams is expected to issue an order this week. And she's already temporarily blocked additional construction at the site. If she sides with the plaintiffs and issues a preliminary injunction this week, Alligator Alcatraz's days could be numbered. Among the options Williams is considering: a full operational shutdown of the facility. When complaints come up about conditions at an immigrant detention facility, or when issues arise in individual detainees' cases, it's important for lawmakers, members of the public and detainees' family members and legal representatives to know who to contact. Typically, Immigration and Customs Enforcement's website will list basic information about its detention facilities, including a detainee locator and details about family and attorney visitations, according to Claire Trickler-McNulty, a former ICE and DHS official who helped craft detention policies in previous administrations. She notes that Alligator Alcatraz isn't listed there. 'Because it's not really, officially an ICE facility, a lot of the infrastructure that's been built is not applicable. So it's sort of like floating in the dark,' she says. 'It's very concerning. … It's confusing and also frustrating, because it's so murky.' Family members of detainees told CNN they've struggled to find out if their loved ones are even being held at Alligator Alcatraz. And critics have raised numerous concerns about the facility since it opened, with reports of hundreds of migrants confined in cages amid sweltering heat, bug infestations and meager meals. The state of Florida has pushed back, saying conditions at the camp are in 'good working order' and that claims to the contrary are false. The Department of Homeland Security has decried what it calls 'hoaxes' about the facility. 'The media is desperate for allegations of inhumane conditions at this facility to be true, so they can slow down President Trump's partnerships with States to turbocharge efforts to remove the worst of the worst,' DHS Assistant Secretary Tricia McLaughlin said in a recent statement. But immigrant rights groups argue the confusion over who's in charge at the facility has very real consequences. 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Debates and legal battles over Alligator Alcatraz could have implications far beyond the Florida immigrant detention facility. 'It's seen as a testing ground,' Trickler-McNulty says. That's because officials have repeatedly pointed to the facility as a model they hope other states will follow. 'Florida was unique in what they presented to us, and I would ask every other governor to do the exact same thing,' DHS Secretary Kristi Noem said after visiting the facility in July. 'This is a model, but we need other states to step up,' Florida Gov. Ron DeSantis added. Less than two weeks later, Noem told reporters she was in talks with multiple states who want to build similar facilities. 'I'm having ongoing conversations with five other governors,' Noem said. Just over a month after Alligator Alcatraz began operating, Noem announced a similar facility would open in Indiana. Officials said the facility, dubbed the 'Speedway Slammer' for the famed Indianapolis Motor Speedway to the south, would provide 1,000 immigrant detention beds. And on Tuesday, the Department of Homeland Security announced plans for a 280-bed expansion of ICE detention space at the Work Ethic Camp in McCook, Nebraska, describing the move as its third state partnership. Last week, DeSantis also announced Florida would open another facility at a former prison in the northern part of the state, 'building on the success the state has had with Alligator Alcatraz.' The rapid expansion of detention facilities makes confusion over who's in charge at Alligator Alcatraz all the more concerning, Lopez says. 'Then it flags the alarm of, is this what's going to happen in other areas, too? There's going to be more questions in the air, and it's just truly very dangerous,' she says. Even if legal challenges to Alligator Alcatraz are successful and a judge blocks the facility from operating, Kennedy says, it's clear authorities intend to use this approach elsewhere. 'It's a scary model,' he says. CNN's Devon M. Sayers, Allison Gordon and Isabel Rosales contributed to this report.
Yahoo
11 hours ago
- Yahoo
Appeals court blocks New Mexico's 7-day waiting period for gun purchases, saying it violates 2nd Amendment
A federal appeals court on Tuesday halted New Mexico's seven-day waiting period for gun purchases, ruling that it likely infringes on citizens' Second Amendment rights. The 2-1 ruling by the 10th U.S. Circuit Court of Appeals leaves the law on hold pending a legal challenge and returns the case to a lower court. The waiting period went into effect in May of last year and included violators being subject to a misdemeanor, but it does have an exception for concealed permit holders. Democrats had enacted the measure in an effort to allow for more time for federal background checks on gun buyers to be completed. "Cooling-off periods do not fit into any historically grounded exceptions to the right to keep and bear arms, and burden conduct within the Second Amendment's scope," Judge Timothy Tymkovich wrote for the majority. "We conclude that New Mexico's Waiting Period Act is likely an unconstitutional burden on the Second Amendment rights of its citizens." Nra And Conservative Legal Group Sue Democrat Governor Over 7-Day Waiting Period To Buy Guns The Mountain States Legal Foundation and National Rifle Association filed the lawsuit on behalf of two New Mexico residents, arguing that the law was unconstitutional and delayed access to firearms for victims of domestic violence and other citizens. Read On The Fox News App The lawsuit referenced the U.S. Supreme Court's landmark 2022 decision in New York State Rifle and Pistol Association v. Bruen in which a new standard to determine whether a gun restriction is unconstitutional was established. To meet that standard, the government must show there is a "historical tradition of firearm regulation" that supports the law. Michael McCoy, director of the Mountain States Legal Foundation's Center to Keep and Bear Arms, celebrated the ruling. "The court found that there was no analogous law from that era that would support the modern day law that's at issue," McCoy said. "For now, it means New Mexicans can go buy their firearms without an arbitrary delay imposed." Federal Appeals Court Rules California Ammunition Background Checks Unconstitutional John Commerford, executive director of the National Rifle Association's Institute for Legislative Action, also praised the court's decision, saying it "serves as a key piece in dismantling similar gun control laws across the country." In a dissent, Judge Scott Matheson argued that New Mexico's waiting period "establishes a condition or qualification on the commercial sale of arms that does not serve abusive ends." Gov. Michelle Lujan Grisham, a Democrat, said she was disappointed with the ruling and claimed it would likely cost lives. "New Mexico's waiting period law was carefully crafted to minimize gun violence while respecting Second Amendment rights," Lujan Grisham said in a statement, pointing to other exceptions for gun purchases by law enforcement officers and transactions between immediate family members. "Waiting periods prevent impulsive acts of violence and suicide, giving people time to step back and reassess their emotions during moments of crisis," she added. Since she was sworn in as governor in 2019, Lujan Grisham has signed several gun control measures, including a "red flag" law allowing a court to temporarily remove guns from people suspected of being at risk of hurting themselves or others and restrictions on firearms near polling places. In 2023, the governor suspended the right to carry guns in public parks and playgrounds in Albuquerque in response to shootings across the state that killed children. Lujan Grisham declared a state of emergency in Albuquerque earlier this year, saying that a significant uptick in crime warranted the help of the state's National Guard. She also declared a state of emergency last week over violent crime and drug trafficking across parts of northern New Mexico. Legal experts have said the ruling could have wider consequences because other states, including California, Hawaii and Illinois, have imposed similar restrictions on gun purchases. In New Mexico, the waiting period applies to all licensed dealer firearm sales for handguns and long guns. The only exception applies to concealed carry permit holders, law enforcement and immediate family transfers. Those in support of the waiting period laws argue that research links the law to reduced suicides and crimes of passion limiting impulsive behavior. Officials in New Mexico have not said if they will seek review from the full 10th Circuit or appeal directly to the U.S. Supreme Court. The Associated Press contributed to this article source: Appeals court blocks New Mexico's 7-day waiting period for gun purchases, saying it violates 2nd Amendment Solve the daily Crossword
