Hello Poudre River Lovers! THIS IS IT! Today is Giving Tuesday -- Thank you for your support! Please donate on our website at: http://www.savethepoudre.org/take-action/donate/ In the next few months, we will make our final decisions about challenging the permits for NISP at the local, state, and federal level, and YOUR financial support will make those decisions for us. For 18 years, we’ve been fighting to stop the proposed Northern Integrated Supply Project (NISP) because it would further dam/drain/divert the Poudre River through Fort Collins. Here’s an update on where the battle is right now. First, 2 of 3 Larimer County Commissioners voted to approve NISP, a decision that was finalized in early November 2020. We’ve pulled out all the stops in our effort to reverse this decision. So far, we’ve: Filed a lawsuit arguing that two of the County Commissioners are biased due to their decades of support for NISP. Will be filing another lawsuit against Larimer County specifically for the NISP decision. Worked in close coalition with two local neighborhood groups – “Save Rural NoCo” and “No Pipe Dream” – to fight the project and influence the County’s decision. Continued to make news arguing that NISP should use the river as a conveyance. The Denver Post (above left) highlighted our work to fight both NISP and the Thornton Pipeline on Sunday, Nov. 15th. And, the Fort Collins Coloradoan (right) accurately covered the Larimer County hearing process extensively. The County permit process completely ignored many issues, and completely ignored 95% of all public comment opposing NISP. The outrageous decision to support NISP by two term-limited Commissioners can and must be overturned. We have a strong case in the courts to overturn this decision and we are aggressively pursuing it. We are fighting every step of the way in this County permit debacle. It ain’t over yet! Second, our legal action against the State of Colorado is moving forward with a final decision occurring while this letter goes to press. The state gave a “401 water quality permit” to NISP. Save The Poudre's appeal alleges thirteen violations of State regulations when the State gave its permit. The Top Five violations are: No water rights – the plan to fill Glade Reservoir requires buying hundreds of farms in Weld County, whereas only two farms have been bought. Fails to take into account climate change and its reduction in streamflow in the Poudre River. Mitigation won’t occur until full build-out, maybe 30 years in the future. Mitigation doesn’t allow for peak flows to clean out the river and restore the riparian forest through Fort Collins. Fails to quantify any requirements to meet state water quality standards and relies on nebulous "adaptive management". The State permit was given by the staff at the Water Quality Control Division. The appeal is to the "Water Quality Control Commission" appointed by Governor Polis. If the “Commission” votes against the Poudre River, we can file a lawsuit in Larimer County District Court. Finally, Save The Poudre is awaiting the…
November 4, 2020
For Immediate Release
Contact Gary Wockner, 970-218-8310, Save The Poudre
Save The Poudre Will Sue To Overturn Larimer County’s Biased NISP Decision
Fort Collins: Today the Larimer County Commission finalized its “Findings and Resolution (posted here)” (“F & R”) for the 1041 permit for the Northern Integrated Supply Project (NISP). On a 2 – 1 vote, the F & R was ratified by biased, lame-duck Commissioners Tom Donnelly and Steve Johnson, with Commissioner John Kefalas opposed.
Also today, Save The Poudre directed its legal team to accelerate the legal battle against Larimer County to overturn this illegal and biased decision by these two commissioners.
First, Save The Poudre will continue pursuing its lawsuit against Commissioners Donnelly and Johnson, arguing their bias in the decision process. In violation of the Larimer County Land Use Code and Colorado Constitution, both Donnelly and Johnson voted on the NISP permit — a quasi-judicial decision process — when they had already and repeatedly stated their biased support for NISP.
Second, Save The Poudre will soon be filing a new lawsuit against the County, arguing that the County’s 1041 permit for NISP violates the Larimer County Land Use Code on multiple grounds.
Third, in the coming weeks and months, Save The Poudre will seek all available remedies to overturn the County’s illegal and biased NISP decision.
“NISP would drain and destroy the Cache la Poudre River through Fort Collins, and is thus the most disastrous and environmentally destructive project in Larimer County history. Any decision about NISP should reflect the future of the County, not the past,” said Gary Wockner, director of Save The Poudre. “We will do everything possible to overturn this illegal, biased decision by these two lame-duck commissioners.”