PRESS RELEASE: Save The Poudre Tries To Defend Larimer County Against the City of Thornton

For Immediate Release
June 20, 2019
Contact: Gary Wockner, Save The Poudre, 970-218-8310

SAVE THE POUDRE TRIES TO DEFEND LARIMER COUNTY AGAINST THE CITY OF THORNTON LAWSUIT

Poudre River: This week, Save The Poudre filed a “motion to intervene” (posted here) to defend Larimer County against the lawsuit filed by the City of Thornton. The lawsuit tries to overturn a unanimous decision by the Larimer County Commissioners to “deny” the Thornton Pipeline from diverting Poudre River water upstream of Fort Collins and piping it across the county and down to Thornton.

Save The Poudre believes the organization has a strong right to intervene and is optimistic the court will allow intervention:

Save The Poudre literally started this issue 10 years ago by reaching out to Thornton.
Save The Poudre kept in touch with Thornton over the years.
Save The Poudre originally brought the “Poudre River Option” to the attention of the Douglas Road neighbors (a coalition now called “No Pipedream”).
Save The Poudre participated in all of the Larimer County hearings and Working Group processes, arguing for the Poudre River Option.
Thornton discussed the Poudre River Option at length during the County hearings, and also offered the County to put a small part of its water rights back in the Poudre.
The issue is solely about Poudre River water and whether to run some or all of the Thornton water rights down the Poudre.

“Our organization and our members have a right to be in this case because this case directly impacts our mission to ‘protect and restore the Cache la Poudre River of northern Colorado,’ said Gary Wockner, Director of Save The Poudre.

The City of Thornton has initially “opposed” Save The Poudre’s intervention, but the judge has now given Thornton 30 days to formally respond to Save The Poudre’s full motion.

“It’s completely ridiculous that Thornton opposes our intervention,” said Wockner. “We have every right to defend Larimer County, represent the Poudre River, and represent our members in this lawsuit.”

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Gary Wockner

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…

For Immediate Release June 18, 2024 Contact: Gary Wockner, Save The Poudre, 970-218-8310 Save The Poudre Will Sue To Stop The Thornton Pipeline Fort Collins, CO: Today, Save The Poudre notifies Larimer County and the City of Thornton that Save The Poudre will file a lawsuit to stop the Thornton Pipeline. At its administrative matters meeting this morning, June 18th, the Larimer County Commissioners will vote to finalize the 1041 permit with a "Findings and Resolution" (posted here, pages 202 - 249). (The item is on the consent agenda.) Save The Poudre's legal comments (posted here) argue convincingly that the County Commissioners should have required that Thornton send the water down the Poudre River in Fort Collins instead of putting it in a pipeline. By not doing so, the Commissioners have violated multiple sections of the County's land use code, as described in Save The Poudre's comments. "It's insane to divert the water out of the Poudre and put that water in a pipeline that crosses the river 12 miles downstream," said Gary Wockner who directs Save The Poudre. "Using the river as the conveyance would increase the health of the river in Fort Collins, the riparian corridor along the river, and the recreational opportunity at the new Whitewater Park in downtown." Further, as Save The Poudre points out in its legal comment letter, the Northern Integrated Supply Project (NISP) actually changed state law to specifically allow using the Fort Collins Poudre River corridor as the conveyance for about 13,500 acre feet of its water, while the Larimer County Commissioners failed to require Thornton to do the exact same thing for almost the exact same amount of Thornton's water (14,000 acre feet). "If NISP can do it voluntarily, Thornton must do it too," said Wockner. "The legal and policy precedent set by NISP must be applied to Thornton, and we will seek court intervention to enforce it." During the 10-year battle over the Thornton pipeline, and throughout the recent hearings in Larimer County, nearly every single public comment from people of Larimer County -- over a thousand in the 10-year process, and at least a hundred in the recent hearings -- supported using the river as the conveyance for water. "This decision not only violates the land use code, it violates the will of the people," said Wockner. "Save The Poudre will stand up for the people of Larimer County and seek a better outcome for the Poudre River and the community." Save The Poudre is also in two lawsuits against the Northern Integrated Supply Project (NISP) -- in the state court of appeals and in federal district court, both in Denver -- in part arguing that NISP should use the river as conveyance for all 40,000 acre feet of its water. The NISP battle has been playing out for 20 years, and may continue for several more. NISP also needs a 1041 permit to run a pipeline across City of Fort Collins Natural Areas, a permit process that hasn't…

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Gary Wockner

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