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***
For Immediate Release
January 18, 2021
Contact: Gary Wockner, Save The Poudre, 970-218-8310
Save The Poudre Sues Larimer County Over NISP Decision
Fort Collins: Last week, one day before the new Larimer County Commissioners were sworn in, Save The Poudre and co-plaintiffs No Pipe Dream and Save Rural NoCo served Larimer County with a lawsuit alleging that:
- First, Commissioners Donnelly and Johnson had publicly advocated for NISP for a decade, and thus they were biased and should not have participated in, or voted on, the NISP 1041 permit. That bias violates both the Larimer County land use code and the Colorado Constitution which requires “unbiased” decision-making on 1041 permits.
- Second, the decision by the two-member majority of the Commission (Donnelly and Johnson) to give NISP a permit violated multiple criteria of the Larimer County land use code.
Larimer County Commissioner John Kefalas, who was appointed to be “Chair” of the Commission the day after Save The Poudre served the lawsuit, voted against the permit. Further, the new Commission – including Kefalas and newly elected Commissioners Kristin Stephens and Jody Shadduck-McNally – will now manage the County’s response to the lawsuit.
“We are suing Larimer County because Donnelly and Johnson should not have participated in, or voted on, the NISP permit, as well as their final illegal ruling to approve the NISP 1041 permit,” said Gary Wockner of Save The Poudre.
Similar to a change of administrations when a new President gets elected, as is occurring right now in the U.S., the new Larimer County Commission has many options for how it can handle the illegal actions and decisions of the previous Commissioners as well as lawsuits against the County.
“We call on this new Larimer County Commission to reconsider the illegal actions and decisions of the previous Commission,” continued Wockner. “NISP would be the biggest and most environmentally damaging project in Larimer County history, and throughout the County permitting process over 90% of public comments opposed NISP.”
This press release is posted here.