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
April 15, 2020
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310
SAVE THE POUDRE TAKES LEGAL ACTION TO STOP NISP!
Fort Collins: Today, Save The Poudre took legal action to stop the Northern Integrated Supply Project (NISP) by filing an “appeal” against the State of Colorado which gave NISP a “401 Water Quality Certification” in February. The State permit is one of three permits NISP needs, the other two have not yet been granted from Larimer County and the U.S. Army Corps of Engineers.
Save The Poudre’s appeal (posted here) alleges thirteen violations of State regulations. The Top Five violations are:
- No water rights – plan to fill Glade Reservoir requires buying hundreds of farms in Weld County, whereas only a few 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”.
“NISP is a half-baked billion-dollar boondoggle,” said Gary Wockner, Director of Save The Poudre. “We’ve been fighting this project for 17 years and we are proud to take legal action today to stop it.”
A Press Release Video is posted on Facebook here: https://www.facebook.com/watch/?v=657579431749602
The State permit was given by the staff at the Water Quality Control Division. The appeal now goes to the “Water Quality Control Commission” appointed by Governor Polis. The appeal process will play out in the coming months.
NISP is proposed to drain tens-of-billions of gallons of water out of the Poudre River through Fort Collins, specifically during the peak flow months of May and June where up to 50% of the water would be drained out including at the new Whitewater Park in downtown Fort Colins. The river already has about 65% of its water drained out — if NISP is built, the river would increasingly resemble a slow-moving ditch through Fort Collins.
This press release is posted here.