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***
Press Release: City of Fort Collins Natural Areas Board Advises Council: “Urgently Oppose NISP”
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
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