In 2022, Boulder voters opposed a ballot measure that could have halted the South Boulder Creek flood mitigation project at the CU South property. This cleared the way for the site’s eventual development, including university student and faculty housing, academic facilities and the city’s flood protection project — a half-mile concrete spillway along U.S. 36.
Construction on the long-sought flood plan hasn’t started yet, in part because the city still needs access to protected open space.
On Thursday, Feb. 22, Boulder City Council will discuss a December 2023 request from the city’s Utilities Department to “dispose” of 2.2 acres of open space for the flood project during a public hearing with the Open Space Board of Trustees. “Dispose” means relinquishing protected city land for the construction of flood-deterring infrastructure.
No decision will be made on Thursday. It is a session for city staff to present the flood project, gather public comments and allow city council and open space board members to ask questions. Deliberations will continue at the Open Space Board of Trustees meeting on March 13, with a final decision expected from city council on March 21.
The South Boulder Creek flood mitigation project tops the city’s list of over three-dozen planned flood projects for the next three decades. Designed to safeguard an estimated 2,500 residents from future 100-year floods, the plan includes a concrete flood detention wall along U.S. 36 to prevent overtopping onto the highway. Additionally, an earthen embankment near the highway’s intersection with Foothills Parkway will prevent flooding from reaching nearby neighborhoods. Water will collect on the property before being carried under U.S. 36 through pipes for safe downstream flow.
In October 2023, city staff said they need roughly 3.7 acres to be approved for the construction of the flood wall. That has since decreased to 2.2 acres permanently removed from open space for flood mitigation.
“The project team has really been focused on reducing that acreage,” Joe Taddeucci, the utilities director for the City of Boulder, told Boulder Reporting Lab.
The reduced acreage coincides with the city finalizing its 60% design, meaning staff have moved past the conceptual phase and are tackling nuances of the project. The design report is now available on the city’s website.
In addition to the 2.2 acres permanently allocated, city staff are also asking for another 1.9 acres to use while the project is being built. The temporary acreage will not be transferred to the Utilities Department. Instead, it will remain under the the jurisdiction of the Open Space and Mountain Parks Department. Once construction is complete, those acres will have to be “restored to the satisfaction of Open Space and Mountain Parks Department staff,” according to the city’s land transfer request.
Opponents of the South Boulder Creek flood mitigation project have argued it is premature for the Open Space Board of Trustees to approve the disposal of open space. They contend the city still requires several permits and agreements before it can begin construction of the project, and there’s no guarantee it will get them.
The Colorado Department of Transportation, for example, still must approve the flood detention wall along the U.S. 36 corridor, a crucial component of the project.
The city’s transfer request includes language addressing this concern, stating the land would revert to Open Space and Mountain Parks management if the project doesn’t get fully permitted or is otherwise unable to be built.
Dave Kuntz, chair of the Open Space Board of Trustees, who has raised concerns about disposing of open space before all permits are in place, told Boulder Reporting Lab he would still like clarity on the transfer language, among other details.
“I’ll be as interested as anyone on Thursday to see what city staff says,” he said of the Feb. 22 council meeting.
One criticism against the South Boulder Creek flood mitigation project is its perceived inadequacy. Detractors argue that with the expected rise in flood frequency due to climate change, relying on a 100-year flood standard is insufficient. They have advocated for 500-year flood protection.
The city’s transfer request mentions this concern, acknowledging that while the project won’t prevent 500-year flooding, it would reduce floodwaters overtopping U.S. 36 and flowing into vulnerable communities. The city originally considered a 500-year standard, but several hurdles — including potential pushback from CDOT and the need for more open space — led city council to agree to a 100-year plan.
“This project is the wrong type of project, in the wrong place, at great expense to Boulder taxpayers, and with inadequate engineering,” Margaret LeCompte, a member of Save South Boulder, who plans on speaking out against the disposal on Thursday, told Boulder Reporting Lab.
Most arguments against the flood project have revolved around the University of Colorado and its actions regarding the property for its housing and other development plans. Save South Boulder, the group opposing the current flood plan, states on its website: “The current process has been entirely driven by CU’s desire for developable land and political expediency, rather than sensible flood mitigation.”
“It’s a complicated project,” Kuntz of the board said. “Its association with the CU South issue kind of muddies the water.”
Kutz added that with two recent referendums in favor of the project — one to approve the annexation of the CU South property allowing development and another to oppose a rejection of that annexation — “there’s certainly the sentiment that this project has received the support from the majority of the community.”
Controversy has surrounded the CU South property for decades. The City of Boulder had the opportunity to purchase the property back in the 1990s but failed to do so, according to reporting by Boulder Reporting Lab. This missed opportunity began a complex relationship with the land that persists to this day.
Taddeucci of the city said he hopes that, on Thursday, both the open space board and city council, along with community members, will recognize that city staff have done the best they can given the circumstances. He also hopes Boulder residents will be glad for the flood mitigation once it is built.
“We’ve been looking at this for years and have studied so many different alternatives,” Taddeucci said. “We’ve done our best to bring forth a project and a situation that has multiple benefits to the community.”