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…
April 20, 2020
Contact: Gary Wockner, Save The Poudre, 970-218-8310
Save The Poudre and Neighborhood Groups Challenge Larimer County’s “Completeness” of NISP Application
Fort Collins: On Friday, April 17, Save The Poudre and two neighborhood groups — Save Rural NoCo and No Pipedream — filed a formal appeal with the Larimer County land use director requesting a reversal of the County determination that Northern Water’s NISP application is “complete”. (the appeal is posted here). The 10-page appeal lists numerous issues completely ignored by the NISP application that Save The Poudre and neighborhood groups claim are required by Larimer County’s land use regulations.
The issues ignored in the application include a broad range of serious violations of regulations, including the evaluation of:
- the lack of a permit for the “realignment” of Highway 287,
- the lack of water rights to operate the project,
- inconsistency with the County Master Plan,
- the complete lack of an alternatives analysis,
- the impact on public health and safety,
- the inability of the County to fund the project,
- the impact on the Cache la Poudre River of draining vast amounts of its water,
- the project relies on a huge farm-buying scheme that the Army Corps said was not feasible and too expensive,
- noise caused by power boats and recreation at the proposed Glade Reservoir,
- and the lack of mitigation.
The challenge requires that the County Director of Community Development, Lesli Ellis, respond and either reverse the completeness determination or counter the challenge with justifications.
“Everything NISP does continues to be a half-baked billion-dollar boondoggle,” said Gary Wockner, Director of Save The Poudre. “Larimer County will be held to the strict letter of the law in its own land use regulations if this permit process moves forward.”
Just last week, Save The Poudre challenged and appealed the State’s “Water Quality Certification” for NISP. The 17-year battle over NISP will likely reach its peak in 2020, with potential legal battles at the County, State, and Federal level.
“We’ve been girding for this battle for 17 years,” said Gary Wockner. “We intend to run through the tape in a full sprint to keep the Poudre River healthy and flowing.”