2/22/2024 For Immediate Release Contact: Gary Wockner, Save The Poudre, 970-218-8310 Save The Poudre Opposes House Bill 24-1107, "Judicial Review of Local Land Use Decision" Fort Collins: An extremely dangerous, anti-democratic bill has been introduced into the Colorado State Legislature titled, "Judicial Review of Local Land Use Decision." HB24-1107 would allow defendants in lawsuits -- including developers, quasi-governmental agencies, and local/state govt -- to obtain their attorneys fees against plaintiffs -- including citizen and non-profit groups -- if the defendants won in court in so-called "Rule 106" conflicts. Forcing local citizen groups and non-profits to pay the attorneys fees of developers and agencies would hamstring the enforcement of local and state laws. In fact, right now Save The Poudre is in court in a Rule 106 lawsuit against the former Larimer County Commissioners, and Northern Water, for giving a permit to the Northern Integrated Supply Project, a massive proposed dam that would further drain the Poudre River in Fort Collins. Save The Poudre has already lost in district court and is currently in the state court of appeals with the lawsuit. If Save The Poudre was required to pay attorneys fees of defendants Larimer County and Northern Water, it could easily eclipse Save The Poudre's entire yearly ~$100,000 budget. "This bill is an extreme pro-developer bill intended to squash public dissent and squash local non-profits fighting to protect the environment," said Gary Wockner of Save The Poudre. "We strongly encourage the legislature to kill this bill and find ways to raise the voices of citizens instead of trying to change state law to silence dissent." HB24-1107 is scheduled to be heard in the House Transportation, Housing, and Local Government Committee at 1:30 on Thursday, February 27th. ***end***
Save The Poudre, Neighborhood Groups Challenge Larimer County’s NISP Application
April 20, 2020
PRESS RELEASE
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.”
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