Hello Poudre River Lovers! Thank you for your support! We’re in the heat of summer and in the heat of battle to Save The Poudre. First, we filed suit against the Larimer County Commissioners and the City of Thornton for giving a 1041 permit to the Thornton Pipeline. We’re not thrilled to have to sue the Larimer County Commissioners, but our organization is committed to sound science and logic, and Thornton’s pipeline is a ridiculous idea. Further, almost 100% of Larimer County residents oppose the Thornton Pipeline, as evidenced by the hundreds of comments inserted into the permitting record. Although we are not happy to file the lawsuit, we are proud to support the people of Larimer County. Throughout the permitting process, we argued that Thornton should “use the Poudre River as the conveyance” for the water rather than put it in a pipeline. Our lawsuit takes it to the wall in state district court in Larimer County. Second, our lawsuit against the Northern Integrated Supply Project (NISP) and the former Larimer County Commissioners (who gave NISP a permit back in 2020) is now in the Colorado State Court of Appeals in Denver. NISP refuses to consider running their water down the Poudre River, and instead – like Thornton – wants to put the water in a huge pipeline north of Fort Collins. This is, of course, also ridiculous and insane. Using the Poudre River as conveyance for water is cheaper, faster, easier, and more ecologically healthy than draining the water out of the Poudre and putting it in a pipeline. We’re going to fight in state court as long as we can, no matter the outcome, because it’s the right thing to do. We may have to go to the Colorado Supreme Court to fight this battle, so stay tuned. Third, in January we filed the big lawsuit against the U.S. Army Corps of Engineers for giving a permit to NISP. Once again, the health of the Poudre River was ignored in this permit decision that we believe violates the National Environmental Policy Act and the Clean Water Act. And again in the federal lawsuit, we argued that NISP should use the Poudre River as the conveyance for the water, instead of putting that water in a huge, expensive, and environmentally destructive pipeline north of Fort Collins through private neighborhoods. Finally, NISP still needs a permit from the City of Fort Collins to build a massive pipeline across City Natural Areas. This permit process won’t start until the Fall of 2024, but we will be thick in the fight to not only protect the Poudre River, but also protect the City’s Natural Areas that all citizens bought and paid for. Our beloved Natural Areas in Fort Collins and Larimer County SHOULD NOT be sacrifice zones for river destruction and sprawl in Weld County which is where the pipeline would take most of the water. 2024 is the 20th year of this fight which could go on for a few more years in…
PRESSER: The Northern Integrated Supply Project Would Violate Clean Water Act
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)
The Save The Poudre/Conservation Groups’ comment letter is posted here.
This press release is posted here.
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