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
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310
PRESS RELEASE: Larimer County Unleashes 42-Day Permitting Process For Massive Proposed Dam Amidst Pandemic
Fort Collins: Today, the Larimer County Commissioners created a 42-day permitting process for the biggest, most environmentally destructive, most controversial project in Larimer County history, all amidst the global coronavirus pandemic that has paralyzed Colorado’s government and economy. The first public hearing is set for May 6th.
The permitting documents made publicly available today include 62 highly technical documents totaling 911 pages (see County webpage here), which is the culmination of a 17-year process to create a permit for the proposed “Northern Integrated Supply Project” (NISP), a massive proposed dam and pipeline project that would further drain and destroy the Cache la Poudre River through Fort Collins.
NISP proposes a massive dam and reservoir near homes that adamantly oppose it, a highway relocation near neighbors that oppose it, and two huge pipelines, one of which would go through neighborhoods that vehemently oppose it.
In fact, just last year, hundreds of neighbors and Fort Collins citizens turned out for multiple public hearings against the Thornton Pipeline which would have gone along the exact same route proposed by NISP (Above: a photo of public participants at one of the hearings). The Larimer County Commissioners unanimously denied the Thornton Pipeline and the project is now in court.
The permitting process for NISP — called a “1041 permit” — is proposed exactly when Governor Polis has ordered statewide “social distancing” and the closure of businesses, and when — just yesterday — the Larimer County Dept of Public Health said it was considering a county-wide “shelter-in-home” order (see Coloradoan story today here).
“The Larimer County Commissioners must indefinitely suspend this 1041 permitting process for NISP until the pandemic passes and the public engagement process can be normalized,” said Gary Wockner, director of Save The Poudre. “The public participation window of 42 days is insanely short for this massive technical project, and creating this public process for this extremely controversial project during the coronavirus pandemic violates all standards of government ethics and transparency, and likely violates Larimer County landuse regulations requiring public participation.”