July 1, 2021 For Immediate Release Contact: Gary Wockner, Save The Poudre, 970-218-8310 Fort Collins Planning and Zoning Commission "DISAPPROVES" NISP Pipeline Fort Collins: Last night, after three hours of testimony and deliberation, the Fort Collins Planning & Zoning Commission voted 3 - 2 to "Disapprove" the Northern Integrated Supply Project's (NISP) Site Plan Advisory Review (SPAR) application. NISP proposes to build a massive pipeline across city-owned and protected Natural Areas, and divert over 4 billion gallons of water per year out of the Poudre River, both on the eastern side of Fort Collins. "We're pleased with the Planning Commission's vote," said Gary Wockner of Save The Poudre. "NISP has no right to march into Fort Collins and cause huge damage to much-loved Natural Areas along the Poudre River that were bought and protected by and for the people of Fort Collins." With the Commission's disapproval now hanging over NISP, the entire project and its convoluted 18-year history is increasingly in limbo. The Commission's disapproval adds to the City's formal "opposition" to NISP that was codified by the City Council in a resolution on Aug. 4, 2020. Further, Save The Poudre has multiple active lawsuits against NISP, including challenging the use of SPAR in the City of Fort Collins. At this point, it's unclear what the NISP directors will do about the disapproval, and it's unclear how the courts will rule on Save The Poudre's lawsuit. "We will fight to stop NISP as long as it takes," said Wockner. "The people of Fort Collins have been extremely supportive and generous -- they've given us their marching orders to protect the Poudre River and we are fighting on every front." Save The Poudre put comments into the SPAR process and testified at last night's hearing. (This press release is posted here.) ***end***
August 14, 2020
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310
Citizen Groups Say Larimer County Commissioners Donnelly and Johnson Must Recuse From NISP Vote
Fort Collins, CO: Today, citizens groups including Save The Poudre, No Pipe Dream, and Save Rural NoCo informed the Larimer County Commissioners that Commissioners Donnelly and Johnson must recuse themselves from the hearings for the 1041 permit for the Northern Integrated Supply Project (NISP). The hearings are set to commence on August 17th.
The 1041 permit process is “quasi-judicial” and as such both the Larimer County land use code and the Colorado constitution prohibit sitting commissioners from taking a position on NISP prior to the hearings because they have to “judge” the permit application from an unbiased viewpoint. Both Donnelly and Johnson have supported NISP in public statements, attended NISP rallies, and endorsed the project for at least a decade.
The citizens groups filed a “petition” with the commissioners that included a letter, a formal listing of the legal background including a lawsuit filed in Larimer County district court, and 26 exhibits where Commissioners Donnelly and Johnson made statements supporting NISP. One exhibit includes a post from Commissioner Donnelly’s facebook page where he’s speaking at a NISP rally and commenting in support of NISP (left).
“Both the Larimer County land use code and the Colorado constitution require that county commissioners not have taken a position prior to a hearing and quasi-judicial 1041 permit,” said Gary Wockner, director of Save The Poudre. “Both Commissioners Donnelly and Johnson have public supported, and been listed as endorsers for, NISP for at least a decade, and therefore are biased. As such, they must recuse themselves from the hearings.”
The citizen groups argue that when the hearings commence on August 17th at 6:30pm, the first order of business will be to address the petition that requires the recusal of both Donnelly and Johnson. The groups also argue that the County should delay the hearing process until after the 2020 election when two new commissioners on the 3-member board are seated replacing both Donnelly and Johnson who are term-limited.
This press release is posted here.