Although the city and DPS prevailed in the lawsuit, Mother Nature someday may have the last word. Cherry Creek Dam is a 141 foot high earth dam designed to collect water from the Cherry Creek basin and prevent downstream flooding. The dam retains water in the reservoir; the U.S. Army Corps of Engineers releases water downstream into Cherry Creek through three tubes at the base of the dam. In the event of a severe thunderstorm, the Corps must release enough water through the discharge tubes to prevent the reservoir water level from rising too fast. If the reservoir water level rises so fast that water overtops the dam, the water will wash away the dirt on the back side of the dam, and the dam will undergo catastrophic failure.