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***
September 2, 2020
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310
Save The Poudre Will Sue To Overturn Illegal Larimer County Permit For NISP
Fort Collins, CO: Tonight after 17 years, the Larimer County Commissioners voted 2 – 1 to “approve” the 1041 application for the Northern Integrated Supply Project (NISP). The Commissioners’ vote defies over 95% of public comments opposing NISP and requesting a denial, and defies all the science and scientists engaged around the Poudre River weighing in against NISP. Further and most importantly, the vote occurred under clear and compelling evidence that the application violated the Larimer County Land Use Code.
Further yet, the two Commissioners who voted for the project — Johnson and Donnelly — had already been asked to recuse themselves, and were sued when they refused to recuse themselves, because they had publicly and loudly supported the project for at least a decade while sitting as elected Larimer County Commissioners. (The court ruled that the lawsuit should take place after tonight’s vote.) Both the Larimer County Land Use Code and the Colorado Constitution require that County Commissioners sit in a “quasi-judicial” position (as judges) during 1041 permit process and are thus not allowed to publicly take a position about a project.
Commissioner John Kefalas voted to deny the permit.
“The Poudre River will be irrevocably damaged if NISP is built,” said Gary Wockner. “In addition, the Commissioners were given clear evidence that the NISP application violates the land use code, including several of the 12 criteria, and as such this application absolutely should have been denied.”
“Further,” continued Wockner, “it’s also clear that Commissioners Johnson and Donnelly should not have voted at all, because doing so violated the Colorado Constitution as well as the Larimer County Land Use Code, given their prejudice and bias in favor of the project over the past decade.”
“Finally, because it violates the land use code, this decision to throw the public, the science, and the Poudre River under the bus is subject to ‘judicial review’,” said Wockner, “and as such, we fully expect to challenge this illegal decision in state district court as soon as possible.”
This press release is posted here.
-- Gary Wockner, PhD, Director Save The Poudre: Poudre Waterkeeper Author: "River Warrior: Fighting to Protect the World's Rivers" (2016) PO Box 20, Fort Collins, CO 80522 http://savethepoudre.org http://www.facebook.com/SaveThePoudre Tweets by SaveThePoudre 970-218-8310