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: 2020 IS IT – WE ARE TAKING LEGAL ACTION!
Hi Amazing Poudre River Lovers!
For 17 years, we’ve been fighting to stop the proposed Northern Integrated Supply Project (NISP) because it would further dam/drain/divert the Poudre River through Fort Collins. All 3 permits NISP needs — State, County, and Federal — will occur in 2020, and we are taking legal action to stop it.
It’s Your Support That Allows Us To Take Action!
Please donate online by clicking here:
http://www.savethepoudre.org/take-action/donate/
First, Save The Poudre took legal action by filing an “appeal” against the State of Colorado which gave NISP a “401 Water Quality Certification” in January. Save The Poudre’s appeal alleges thirteen violations of State regulations. The Top Five violations are:
1. No water rights – the plan to fill Glade Reservoir requires buying hundreds of farms in Weld County, whereas only a few farms have been bought.
2. Fails to take into account climate change and its reduction in streamflow in the Poudre River.
3. Mitigation won’t occur until full build-out, maybe 30 years in the future.
4. Mitigation doesn’t allow for peak flows to clean out the river and restore the riparian forest through Fort Collins.
5. Fails to quantify any requirements to meet state water quality standards and relies on nebulous “adaptive management”.
The State permit was given by the staff at the Water Quality Control Division. The appeal now goes to the “Water Quality Control Commission” appointed by Governor Polis. The appeal process will play out over the coming months.
Second, Save The Poudre and two neighborhood groups – Save Rural NoCo and No Pipedream – filed a formal appeal with the Larimer County Land Use Director requesting a reversal of the County determination that Northern Water’s NISP application is complete. The 10-page appeal lists numerous issues completely ignored by the NISP application that Save The Poudre and neighborhood groups claim are required by Larimer County’s land use regulations.
Not only did we get the County process postponed through the coronavirus pandemic, our challenge requires that the County Land Use Director respond and either reverse the completeness determination or counter the challenge with justifications, which may also extend the process. This appeal will also play out in the coming weeks and months.
The County permitting process is OPEN TO THE PUBLIC, so stay tuned about how you can get involved, comment, and show up at County hearings!
Third, Save The Poudre is awaiting the final “Record of Decision” from the U.S. Army Corps of Engineers, which is expected to be released in the summer of 2020. Our legal and scientific team is ready for battle when this permit is released.
Finally, we are still in court against the proposed Thornton Pipeline. With all of your help, we helped stop the Thornton Pipeline dead in its tracks, and are defending the County’s decision to deny the Pipeline.
Here’s the bottom line – THIS IS IT! Your past support has made all of the difference in our ability to engage in these battles, and your current and future support is what will keep us fighting hard. 2020 is THE YEAR. We’ve been girding for this battle for 17 years. We intend to run through the tape in a full sprint to keep the Poudre River healthy and flowing.
Every $25 or $50 makes a real difference. If you can afford $100 or $250 or more, that’s great too! If you’d like to discuss a larger donation, feel free to call Gary Wockner at 970-218-8310. All donations are tax deductible
Please donate on our website at:
http://www.savethepoudre.org/take-action/donate/
Thank you for your support!
Mark Easter, Chair of the Board;
Gary Wockner, Executive Director