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!
2020 is the year that it all comes to a head, and Save The Poudre is in the fight!
First, last week the State of Colorado gave a “401 Water Quality Certification” (401 Cert) to the Northern Integrated Supply Project (NISP). We have unleashed our scientists and attorneys on the documents and are preparing for legal battle. The 401 Cert for NISP is one of the worst we’ve ever seen, with almost no actual safeguards or conditions that ensure the protection of the river’s health. We have now asked the State Water Quality Control Commission for a time extension to review it — they initially gave us only 30 days — because the documents are over 1,000 pages of technical and legal details that our team is digging through. This permitting fight will be a legal and scientific battle that is not open to the public, but it is YOUR SUPPORT that has given us the financial ability to hire attorneys and scientists. We are digging in for the fight.
Second, Larimer County will soon start its permitting process for NISP. As of this writing, NISP has not yet submitted their application to the County, but it is expected in the next few weeks. As soon as the application is submitted, we will dig into that document — also likely to be 1,000 pages — and engage in that permitting process. This permitting process WILL BE OPEN TO THE PUBLIC. We will be getting back in contact with you to let you know when you can submit comments to the County Planning Commission as well as atttend hearings of the Larimer County Commissioners.
Finally, NISP continues to be a “Half-Baked Boondoggle”. In 2019, NISP was unable to reach an agreement with farmers to secure more than half the water for the project, and so now NISP has started buying farms in Weld County to get the water from those farms. That farm-buying process is not working out — so far, NISP has only been able to buy three farms, totaling ~160 acres (and ~160 acre-feet of water). NISP needs to buy 22,000 acre-feet of water, which will require them to buy several hundred farms. Not only will NISP further drain and destroy the Poudre River through Fort Collins, it now proposes to be the biggest farm-buying scheme in the history of northern Colorado. Already proposed to cost $1.1 billion, NISP’s farm-buying scheme — if it is successful, which is highly speculative — will drive the cost nearer to $1.5 billion!
It’s patently ridiculous — and we believe, illegal — that the State of Colorado, as well as Larimer County, are both considering permits for a project that doesn’t even have the water rights to allow it to operate. Rest assured, we will be communicating with the State and the County about this ridiculous half-baked process.
Our mission is to protect and restore the Cache la Poudre River! We’ve been at it for 17 years, and it’s your support that keeps us in the fight.
Please consider donating to keep us working hard through the next months of this battle. You can donate online by clicking here: http://www.savethepoudre.org/take-action/donate/
Thank you, and stay tuned for more action!
Gary Wockner, Director, Save The Poudre