A group of residents challenging the city’s funding plan for the CU South flood mitigation project has filed an appeal of a district court ruling against them, extending years of litigation over a project that was originally set to break ground earlier this year.
The flood project, located on the CU South property, is a centerpiece of a 2021 annexation agreement between the city and CU Boulder. It includes a concrete spillway and detention pond designed to reduce flood risk for about 2,300 residents in the South Boulder Creek floodplain. Opponents have long raised concerns about environmental impacts and the loss of informal open space. The lawsuit by Save South Boulder is the latest flashpoint in a decades-long debate over how to protect the area from flooding.
The group’s lawsuit argues that the city’s stormwater utility fees require voter approval under the Taxpayer’s Bill of Rights (TABOR). It also challenges city council’s authorization of $66 million in bonds to fund the project. A Boulder County District Court judge dismissed the claims earlier this year.
The City of Boulder said in a recent legal filing that the bond sale was scheduled for April 2025. A proposed schedule filed with the Colorado Court of Appeals indicates the case could now extend well into next year. City officials have warned that continued delays could drive up construction costs. The project’s groundbreaking had been planned for early 2025.
Save South Boulder has said it plans to appeal to the Colorado Supreme Court. To discourage further litigation, the city is seeking about $46,000 in attorneys’ fees and other sanctions to “deter others from filing frivolous TABOR lawsuits designed to delay bond sales.” That request remains pending.
I’d like to see a specific flood impact prediction map for the mitigation project. Where will the potential flood volume and depth be decreased and where will it potentially INCREASE, and by how much. My opposition or support for the project depends entirely on how it affects flowing flood waters down the street in front of my property just north of Baseline and just east of Foothills Parkway. I’ve never been able to find this basic impact information regarding this project despite many searches. Such a map seems like a prerequisite before asking for or requiring citizen support. or issuing debt, or quashing law suits.