June 10, 2021 For Immediate Release Contact: Gary Wockner, Save The Poudre, 970-218-8310 Save The Poudre Sues to Stop NISP Damage on Fort Collins Natural Areas Fort Collins: Yesterday, Save The Poudre filed a lawsuit in state district court in Larimer County against the Northern Integrated Supply Project's ("NISP") attempt to use the SPAR (Site Plan Advisory Review) process for placing a diversion structure, pump station, and massive pipeline across City of Fort Collins' Natural Areas (the lawsuit is posted here). The City Land Use Code makes perfectly clear that SPAR can only be used if NISP "owns or operates" the City Natural Area property, which NISP does not. Further, City Manager Darin Atteberry sent a memo to the City Council on April 16, 2020, telling the Council that NISP had to buy the land, negotiate an easement, or condemn the Natural Areas by eminent domain in order to build the project, but NISP has not done any of those things (the memo is posted here). "We're proud to stand up and defend the citizen-owned Natural Areas," said Gary Wockner of Save The Poudre. "If the whole Hughes Stadium issue taught the City government anything, it's that the people of Fort Collins want their Natural Areas to be protected, restored, and enhanced, not degraded and diminished." The City staff has scheduled a hearing at the Planning and Zoning Commission for NISP on June 30th. Save The Poudre in turn filed a "temporary restraining order" with the court against the City to stop the Commission hearing. Save The Poudre alleges that the City is not enforcing its own land use code and is letting NISP skate by with a bogus review process instead of forcing NISP through a rigorous permit application that must require the review of the full City Council. NISP would drain water out of Natural Areas along the Poudre River throughout Fort Collins, thereby draining wetlands, drying up the riparian forest, and diminishing wildlife habitat. Homestead Natural Area, Kingfisher Natural Area, and Riverbend Ponds Natural Area would be further degraded by the construction of a water diversion structure, pump station, and massive pipeline. "NISP is a massively damaging project that would degrade and destroy City-owned Natural Areas that were bought and paid for by City ratepayers and taxpayers. The people of Fort Collins love their Natural Areas and we are excited to stand up and defend the citizens and their property against this environmentally destructive project," said Wockner. Save The Poudre is joined in the lawsuit with No Pipe Dream Corporation. ***end***
June 11, 2020
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310
Fort Collins: Last night, the City of Fort Collins “Land Conservation and Stewardship Board” (LCSB), which advises the City Council on the management of the City’s thousands of acres of protected Open Space and Natural Areas, sent a tersely worded memo (link here) to the City Council advising the Council take urgent action to oppose the massive proposed dam called the Northern Integrated Supply Project (“NISP”). The memo describes staggering negative impacts that NISP would cause to the Natural Areas along the Poudre River including:
- “NISP’s removal of water from the river will, quite simply, dehydrate our Natural Areas’ ecological resources and degrade them; hundred-year-old trees will die, understory plants will shift to more drought tolerant species, biodiversity will decrease, and forest- and wetland-dependent animals will disappear.”
The memo reminds the City Council that the citizens of Fort Collins tax themselves to buy these Natural Areas, most recently by a city-wide vote in 2014 with 82% supporting the taxation. The memo further states:
- “The citizens of Fort Collins, as they have invested in Natural Areas, have believed that those areas and their ecological resources and recreational opportunities would be protected in perpetuity. In the opinion of this Board, perpetuity ends on the day that NISP bulldozers arrive to divert water from the Poudre River.”
Finally, the memo calls for “urgent” action by the City Council to “actively oppose NISP”:
- “Active opposition, led by City Council, is urgently needed. If there is no change in position, and if NISP is implemented, then ecological and recreational treasures will be injured beyond repair. Fort Collins can join other entities in opposing NISP under Federal and State permitting processes, and this Board urges Council to do so without delay.”
“The Land Conservation and Stewardship Board is entrusted to manage and watchdog these great resources for the future of all citizens,” said Gary Wockner, Director of Save The Poudre. “Active opposition to NISP is needed right now — through the County, State, and Federal permitting processes — and we strongly urge the Fort Collins City Council to take the Board’s advice.”
Permit Status Update:
- The Colorado State permit was given to NISP in January 2020. Save The Poudre has appealed that decision to the Colorado Water Quality Control Commission. The final hearing is scheduled for November.
- Larimer County has begun its permit process with hearings in June, July, and August (see hearing schedule here).
- The Record of Decision from the U.S. Army Corps of Engineers permitting process is expected in later 2020.
“We’ve been fighting to stop NISP for 17 years and we’re going to sprint through the finish line with enormous support from the people of Fort Collins and Larimer County, with a great team of scientists and attorneys, and with the vision for protecting the river in perpetuity for the entire community to enjoy,” said Wockner