September 2, 2020 For Immediate Release Contact: Gary Wockner, Save The Poudre, 970-218-8310 Save The Poudre Will Sue To Overturn Illegal Larimer County Permit For NISP Fort Collins, CO: Tonight after 17 years, the Larimer County Commissioners voted 2 - 1 to "approve" the 1041 application for the Northern Integrated Supply Project (NISP). The Commissioners' vote defies over 95% of public comments opposing NISP and requesting a denial, and defies all the science and scientists engaged around the Poudre River weighing in against NISP. Further and most importantly, the vote occurred under clear and compelling evidence that the application violated the Larimer County Land Use Code. Further yet, the two Commissioners who voted for the project -- Johnson and Donnelly -- had already been asked to recuse themselves, and were sued when they refused to recuse themselves, because they had publicly and loudly supported the project for at least a decade while sitting as elected Larimer County Commissioners. (The court ruled that the lawsuit should take place after tonight's vote.) Both the Larimer County Land Use Code and the Colorado Constitution require that County Commissioners sit in a "quasi-judicial" position (as judges) during 1041 permit process and are thus not allowed to publicly take a position about a project. Commissioner John Kefalas voted to deny the permit. "The Poudre River will be irrevocably damaged if NISP is built," said Gary Wockner. "In addition, the Commissioners were given clear evidence that the NISP application violates the land use code, including several of the 12 criteria, and as such this application absolutely should have been denied." "Further," continued Wockner, "it's also clear that Commissioners Johnson and Donnelly should not have voted at all, because doing so violated the Colorado Constitution as well as the Larimer County Land Use Code, given their prejudice and bias in favor of the project over the past decade." "Finally, because it violates the land use code, this decision to throw the public, the science, and the Poudre River under the bus is subject to 'judicial review'," said Wockner, "and as such, we fully expect to challenge this illegal decision in state district court as soon as possible." This press release is posted here. ***end*** -- Gary Wockner, PhD, Director Save The Poudre: Poudre Waterkeeper Author: "River Warrior: Fighting to Protect the World's Rivers" (2016) PO Box 20, Fort Collins, CO 80522 http://savethepoudre.org http://www.facebook.com/SaveThePoudre https://twitter.com/savethepoudre 970-218-8310
Hi Poudre River Lovers!
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We are especially excited to partner with Patagonia in this matching grant campaign because they are one of the leading voices on the planet for fighting dams and protecting rivers. Patagonia is also one of our leading funders!
What did Save The Poudre accomplish in 2019?
- Helped stop the Thornton Pipeline dead in its tracks!
- Intervened in state district court against the City of Thornton to defend the Larimer County Commissioners against Thornton’s lawsuit.
- Saw through the construction of the amazing Poudre River Whitewater Park, a project that we initiated back in 2010!
- Filed a lawsuit in federal district court in Colorado to stop the proposed Windy Gap Water Project in Colorado.
- Intervened with the Larimer County permitting process against the Northern Integrated Supply Project (“NISP”), the massive proposed dam project we’ve been fighting for 17 years.
- Intervened with the State of Colorado permitting project against NISP.
- Filed more comments with the U.S. Army Corps of Engineers against NISP.
- Kept the Poudre River’s voice alive to the public, in the media, and throughout the northern Colorado region.
- And more!
When you donate to Save The Poudre, we get right to work! Patagonia Action Works is a wonderful partner putting your money into action.
Please donate here through Patagonia Action Works and help us protect this amazing river!
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Thank you for your support!
Gary Wockner, Director, Save The Poudre.