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***
Hi Poudre River Lovers!
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Here’s the updates about the Poudre River you need to know.
First, today, Save The Poudre released a short report about “Cleaning the Poudre River so it can be used as a conveyance for water supply”. The report is posted here.
A background summary: Both the Thornton Pipeline and NISP claim they can’t run all of their water rights down the Poudre River through Fort Collins because the water quality in the river is too dirty due to the City’s stormwater runoff. While that may, or may not, be true, there are engineering solutions that can “clean” stormwater before it runs into the Poudre. These solutions are cost-effective, environmentally sound, and proven in other municipalities around the U.S.
We consulted with AbTech Industries (https://www.abtechindustries.com/) to provide some estimates of technologies and costs for cleaning the City’s stormwater before it runs into the Poudre. Our report, as well as AbTech’s website, provide lots of examples and photographs for you to consider.
Long-story short — all water providers can use the Poudre River as a conveyance, which would provide the following benefits:
- Increase quality-of-life for City and County residents,
- Preservation of the environment and natural habitat along the Poudre River corridor,
- Maintaining or increasing flows for recreation including at the new downtown Fort Collins Whitewater Park,
- Increase water quality and cleanliness in the Poudre River.
Save The Poudre is requesting that the County and City convene a “Working Group” to examine cleaning the Poudre River so it can be used as a conveyance for water supply.
Second, last week the City of Fort Collins informed NISP that their Site Plan Advisory Review (SPAR) application is “not complete”. Specifically, NISP has failed to describe how their proposal will impact flooding along the Poudre River in Fort Collins. We are continuing to closely monitor this application and process. As we’ve noted before, we strongly believe that SPAR is an illegal use for NISP, and that the City should require a full development review of NISP that covers ALL OF THE DAMAGE NISP would cause to Fort Collins’ Natural Areas. The City has so-far refused to change direction, although they are investigating creating “1041 powers” for NISP. At this time, Save The Poudre is still in strong opposition to the City’s approach.
Third, the Thornton Pipeline continues to suffer serious setbacks, which is good! Last week, the Weld County Commissioners voted unanimously to “deny” Thornton’s 1041 application for their pipeline. Where this will all end, we don’t know, but we continue to intervene in the court case against the Thornton Pipeline, and we continue to work to require Thornton to send their water down the Poudre River through Fort Collins.
Thank you for your support. Again you can donate online by clicking here.
Stay tuned for all the action!
Director, Save The Poudre