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***
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.”