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***
Save The Poudre Update: The Action Has Begun — NISP is a Half-Baked Boondoggle!
Hi Poudre River Lovers!
2020 is the year that it all comes to a head, and Save The Poudre is in the fight!
First, last week the State of Colorado gave a “401 Water Quality Certification” (401 Cert) to the Northern Integrated Supply Project (NISP). We have unleashed our scientists and attorneys on the documents and are preparing for legal battle. The 401 Cert for NISP is one of the worst we’ve ever seen, with almost no actual safeguards or conditions that ensure the protection of the river’s health. We have now asked the State Water Quality Control Commission for a time extension to review it — they initially gave us only 30 days — because the documents are over 1,000 pages of technical and legal details that our team is digging through. This permitting fight will be a legal and scientific battle that is not open to the public, but it is YOUR SUPPORT that has given us the financial ability to hire attorneys and scientists. We are digging in for the fight.
Second, Larimer County will soon start its permitting process for NISP. As of this writing, NISP has not yet submitted their application to the County, but it is expected in the next few weeks. As soon as the application is submitted, we will dig into that document — also likely to be 1,000 pages — and engage in that permitting process. This permitting process WILL BE OPEN TO THE PUBLIC. We will be getting back in contact with you to let you know when you can submit comments to the County Planning Commission as well as atttend hearings of the Larimer County Commissioners.
Finally, NISP continues to be a “Half-Baked Boondoggle”. In 2019, NISP was unable to reach an agreement with farmers to secure more than half the water for the project, and so now NISP has started buying farms in Weld County to get the water from those farms. That farm-buying process is not working out — so far, NISP has only been able to buy three farms, totaling ~160 acres (and ~160 acre-feet of water). NISP needs to buy 22,000 acre-feet of water, which will require them to buy several hundred farms. Not only will NISP further drain and destroy the Poudre River through Fort Collins, it now proposes to be the biggest farm-buying scheme in the history of northern Colorado. Already proposed to cost $1.1 billion, NISP’s farm-buying scheme — if it is successful, which is highly speculative — will drive the cost nearer to $1.5 billion!
It’s patently ridiculous — and we believe, illegal — that the State of Colorado, as well as Larimer County, are both considering permits for a project that doesn’t even have the water rights to allow it to operate. Rest assured, we will be communicating with the State and the County about this ridiculous half-baked process.
Our mission is to protect and restore the Cache la Poudre River! We’ve been at it for 17 years, and it’s your support that keeps us in the fight.
Please consider donating to keep us working hard through the next months of this battle. You can donate online by clicking here: http://www.savethepoudre.org/take-action/donate/
Thank you, and stay tuned for more action!
Gary Wockner, Director, Save The Poudre