2/22/2024 For Immediate Release Contact: Gary Wockner, Save The Poudre, 970-218-8310 Save The Poudre Opposes House Bill 24-1107, "Judicial Review of Local Land Use Decision" Fort Collins: An extremely dangerous, anti-democratic bill has been introduced into the Colorado State Legislature titled, "Judicial Review of Local Land Use Decision." HB24-1107 would allow defendants in lawsuits -- including developers, quasi-governmental agencies, and local/state govt -- to obtain their attorneys fees against plaintiffs -- including citizen and non-profit groups -- if the defendants won in court in so-called "Rule 106" conflicts. Forcing local citizen groups and non-profits to pay the attorneys fees of developers and agencies would hamstring the enforcement of local and state laws. In fact, right now Save The Poudre is in court in a Rule 106 lawsuit against the former Larimer County Commissioners, and Northern Water, for giving a permit to the Northern Integrated Supply Project, a massive proposed dam that would further drain the Poudre River in Fort Collins. Save The Poudre has already lost in district court and is currently in the state court of appeals with the lawsuit. If Save The Poudre was required to pay attorneys fees of defendants Larimer County and Northern Water, it could easily eclipse Save The Poudre's entire yearly ~$100,000 budget. "This bill is an extreme pro-developer bill intended to squash public dissent and squash local non-profits fighting to protect the environment," said Gary Wockner of Save The Poudre. "We strongly encourage the legislature to kill this bill and find ways to raise the voices of citizens instead of trying to change state law to silence dissent." HB24-1107 is scheduled to be heard in the House Transportation, Housing, and Local Government Committee at 1:30 on Thursday, February 27th. ***end***
For Immediate Release
October 4, 2018
Contact: Gary Wockner, Save The Poudre, 970-218-8310
The Northern Integrated Supply Project Would Help Kill The Poudre River, Violate Clean Water Act
“Diverting what’s left of the peak flows of water would increasingly turn the river — which is greatly loved by the people of Fort Collins — into a muddy, stinking, lifeless ditch.” — Gary Wockner
Fort Collins: Today, Oct 4th, was the close of the public comment period for the Final Environmental Impact Statement (FEIS) for the Northern Integrated Supply Project (NISP), a massive, billion-dollar, proposed dam and diversion that would further drain the Cache la Poudre River through Fort Collins. Save The Poudre and other Conservation Groups inserted a 36-page document into the comment period (along with 282 pages of technical attachments) — prepared by the Washington D.C.-based law firm, “Meyer, Glitzenstein & Eubanks LLP” — arguing that the Army Corps would be violating the Clean Water Act and the National Environmental Policy Act if they give a permit to NISP.
Save The Poudre and the Conservation Groups argue that the impacts of NISP on the Cache la Poudre River would be devastatingly negative to the health of the river and the wetlands along the river as it flows through Fort Collins. Building NISP, the Groups argue, would not be the “Least Environmentally Damaging Practical Alternative” (LEDPA) which the Clean Water Act requires. In fact, about 63% of the river’s water is already diverted by farms and cities before the river reaches downtown Fort Collins, and NISP proposes to cause massively more environmental damage by diverting about 40% of what’s left of the peak flows in the months of May and June, on average.
“NISP would cost over a billion dollars and basically kill the Poudre River through Fort Collins,” said Gary Wockner of Save The Poudre. “Diverting what’s left of the peak flows of water would increasingly turn the river — which is greatly loved by the people of Fort Collins — into a muddy, stinking, lifeless ditch.”
Save The Poudre and the Conservation Groups factually argue that the U.S. Army Corps of Engineers’ FEIS violates the Clean Water Act and National Environmental Policy Act because the Corps:
- Failed to implement and analyze a proper “alternatives analysis” that would cause less damage on the environment, including alternatives that use more water conservation and buy water from farmers.
- Failed to adequately analyze the negative impacts to water quality in the river.
- Failed to adequately analyze negative impacts to sensitive wetlands and the forest along the Poudre River corridor in Fort Collins.
- Failed to adequately analyze the negative impacts to the Whitewater Park currently being built in downtown Fort Collins.
- Failed to provide adequate mitigation caused by the devastating negative impacts of NISP.
“The FEIS violates federal law,” said Gary Wockner. “The Corps has one more chance to correct these fatal errors when they create the ‘Record of Decision’ in the coming months. We’ve had an eagle-eye on NISP and the Corps for 15 years and we are dug in to protect the beautiful Cache la Poudre River through the end of this process.”
The Conservation Groups include Save The Poudre, Sierra Club, Waterkeeper Alliance, Wildearth Guardians, Save The Colorado, and Fort Collins Audubon Society.
On Tuesday, Nov. 2nd, the Fort Collins City Council also responded to the FEIS by voting to send comments to the Corps about the negative impacts on the river and to “Not Support NISP”. The City focuses on the project’s negative impacts of how “the declined flows, and only three days of peak days, would hurt the surrounding environment, flood plains and overall river health.” (as reported by the Fort Collins Coloradoan — see article here)
This press release is posted here.