Hello Poudre River Lovers! THIS IS IT! Today is Giving Tuesday -- Thank you for your support! Please donate on our website at: http://www.savethepoudre.org/take-action/donate/ In the next few months, we will make our final decisions about challenging the permits for NISP at the local, state, and federal level, and YOUR financial support will make those decisions for us. For 18 years, we’ve been fighting to stop the proposed Northern Integrated Supply Project (NISP) because it would further dam/drain/divert the Poudre River through Fort Collins. Here’s an update on where the battle is right now. First, 2 of 3 Larimer County Commissioners voted to approve NISP, a decision that was finalized in early November 2020. We’ve pulled out all the stops in our effort to reverse this decision. So far, we’ve: Filed a lawsuit arguing that two of the County Commissioners are biased due to their decades of support for NISP. Will be filing another lawsuit against Larimer County specifically for the NISP decision. Worked in close coalition with two local neighborhood groups – “Save Rural NoCo” and “No Pipe Dream” – to fight the project and influence the County’s decision. Continued to make news arguing that NISP should use the river as a conveyance. The Denver Post (above left) highlighted our work to fight both NISP and the Thornton Pipeline on Sunday, Nov. 15th. And, the Fort Collins Coloradoan (right) accurately covered the Larimer County hearing process extensively. The County permit process completely ignored many issues, and completely ignored 95% of all public comment opposing NISP. The outrageous decision to support NISP by two term-limited Commissioners can and must be overturned. We have a strong case in the courts to overturn this decision and we are aggressively pursuing it. We are fighting every step of the way in this County permit debacle. It ain’t over yet! Second, our legal action against the State of Colorado is moving forward with a final decision occurring while this letter goes to press. The state gave a “401 water quality permit” to NISP. Save The Poudre's appeal alleges thirteen violations of State regulations when the State gave its permit. The Top Five violations are: No water rights – the plan to fill Glade Reservoir requires buying hundreds of farms in Weld County, whereas only two farms have been bought. Fails to take into account climate change and its reduction in streamflow in the Poudre River. Mitigation won’t occur until full build-out, maybe 30 years in the future. Mitigation doesn’t allow for peak flows to clean out the river and restore the riparian forest through Fort Collins. Fails to quantify any requirements to meet state water quality standards and relies on nebulous "adaptive management". The State permit was given by the staff at the Water Quality Control Division. The appeal is to the "Water Quality Control Commission" appointed by Governor Polis. If the “Commission” votes against the Poudre River, we can file a lawsuit in Larimer County District Court. Finally, Save The Poudre is awaiting the…
For Immediate Release
October 4, 2018
Contact: Gary Wockner, Save The Poudre, 970-218-8310
The Northern Integrated Supply Project Would Help Kill The Poudre River, Violate Clean Water Act
“Diverting what’s left of the peak flows of water would increasingly turn the river — which is greatly loved by the people of Fort Collins — into a muddy, stinking, lifeless ditch.” — Gary Wockner
Fort Collins: Today, Oct 4th, was the close of the public comment period for the Final Environmental Impact Statement (FEIS) for the Northern Integrated Supply Project (NISP), a massive, billion-dollar, proposed dam and diversion that would further drain the Cache la Poudre River through Fort Collins. Save The Poudre and other Conservation Groups inserted a 36-page document into the comment period (along with 282 pages of technical attachments) — prepared by the Washington D.C.-based law firm, “Meyer, Glitzenstein & Eubanks LLP” — arguing that the Army Corps would be violating the Clean Water Act and the National Environmental Policy Act if they give a permit to NISP.
Save The Poudre and the Conservation Groups argue that the impacts of NISP on the Cache la Poudre River would be devastatingly negative to the health of the river and the wetlands along the river as it flows through Fort Collins. Building NISP, the Groups argue, would not be the “Least Environmentally Damaging Practical Alternative” (LEDPA) which the Clean Water Act requires. In fact, about 63% of the river’s water is already diverted by farms and cities before the river reaches downtown Fort Collins, and NISP proposes to cause massively more environmental damage by diverting about 40% of what’s left of the peak flows in the months of May and June, on average.
“NISP would cost over a billion dollars and basically kill the Poudre River through Fort Collins,” said Gary Wockner of Save The Poudre. “Diverting what’s left of the peak flows of water would increasingly turn the river — which is greatly loved by the people of Fort Collins — into a muddy, stinking, lifeless ditch.”
Save The Poudre and the Conservation Groups factually argue that the U.S. Army Corps of Engineers’ FEIS violates the Clean Water Act and National Environmental Policy Act because the Corps:
- Failed to implement and analyze a proper “alternatives analysis” that would cause less damage on the environment, including alternatives that use more water conservation and buy water from farmers.
- Failed to adequately analyze the negative impacts to water quality in the river.
- Failed to adequately analyze negative impacts to sensitive wetlands and the forest along the Poudre River corridor in Fort Collins.
- Failed to adequately analyze the negative impacts to the Whitewater Park currently being built in downtown Fort Collins.
- Failed to provide adequate mitigation caused by the devastating negative impacts of NISP.
“The FEIS violates federal law,” said Gary Wockner. “The Corps has one more chance to correct these fatal errors when they create the ‘Record of Decision’ in the coming months. We’ve had an eagle-eye on NISP and the Corps for 15 years and we are dug in to protect the beautiful Cache la Poudre River through the end of this process.”
The Conservation Groups include Save The Poudre, Sierra Club, Waterkeeper Alliance, Wildearth Guardians, Save The Colorado, and Fort Collins Audubon Society.
On Tuesday, Nov. 2nd, the Fort Collins City Council also responded to the FEIS by voting to send comments to the Corps about the negative impacts on the river and to “Not Support NISP”. The City focuses on the project’s negative impacts of how “the declined flows, and only three days of peak days, would hurt the surrounding environment, flood plains and overall river health.” (as reported by the Fort Collins Coloradoan — see article here)
This press release is posted here.