Hi Poudre River Lovers, We killed it once, but Thornton's ZOMBIE pipeline is back again! Next week on April 10th, there will be a hearing at the Larimer County Planning Commission. On April 22nd, there will be a final hearing in front of the Larimer County Commissioners. We have dissected the application and provided comments to the Planning Commission. Our comments are posted here. A summary of our comments: This new application has changed very little from the previous application in 2018. It's a waste of Larimer County's time to even consider this application when there is no significant benefit to the County. Further, the former Larimer County Commissioners denied the application, and then Thornton lost in court, twice. This new application should meet the same demise. Larimer County's Land Use Code requires that applicants must "FIRST AVOID" negative impacts to the County, its citizens, and its natural resources. Instead of avoiding those impacts, Thornton's application tries to "mitigate" impacts. Using the "Poudre River Option," Thornton must send its water down the Poudre River instead of putting the water in a pipeline, an option that would AVOID all impacts in Larimer County. Thornton could've sent its water down the Poudre River 10 or 20 years ago WITHOUT even needing a permit from Larimer County, and so its not Larimer County's fault, or Save The Poudre's, that Thornton doesn't already have this water. The application provides almost no material benefit to the County and its residents which is required by the Land Use Code. Thornton must choose the "Poudre River Option" which sends the water down the Poudre and would provide the following benefits to help restore and heal the Poudre River: The river water would be cooler which would benefit native fish and people recreating in the river. The higher flow would help flush sediment and mud out of the river channel. Trout could more easily spawn in a cleaner riverbed of sand and gravel. Less algae would grow on the riverbed and on rocks, making the river safer for people. Less water treatment and expense might be needed by the City’s wastewater treatment plant, and city-wide stormwater runoff would have less negative impact on water quality in the river. Wetlands would be helped to flourish along the river providing more bird and wildlife habitat. Cottonwoods and willows would be helped to flourish along the river. Recreational opportunities, including those at the new Whitewater Park, would be enhanced. Flooding impacts may decrease. The river would be more beautiful. Hearing dates with the Planning Commission and County Commissioners: Sign up to speak through the Larimer County website here. Planning Commission - Wednesday April 10 Board of County Commissioners - Monday April 22 All meetings will start at 6 p.m. and will have a hybrid format. In person: 200 W. Oak St. and via Zoom (link to be provided) In addition to showing up for the Hearings, writing letters to the Planning Commission and the County Commissioners is important! Write letters to John…
PRESS RELEASE: Save The Poudre Will Sue To Overturn Illegal Larimer County Permit For NISP
September 2, 2020
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310
Save The Poudre Will Sue To Overturn Illegal Larimer County Permit For NISP
Fort Collins, CO: Tonight after 17 years, the Larimer County Commissioners voted 2 – 1 to “approve” the 1041 application for the Northern Integrated Supply Project (NISP). The Commissioners’ vote defies over 95% of public comments opposing NISP and requesting a denial, and defies all the science and scientists engaged around the Poudre River weighing in against NISP. Further and most importantly, the vote occurred under clear and compelling evidence that the application violated the Larimer County Land Use Code.
Further yet, the two Commissioners who voted for the project — Johnson and Donnelly — had already been asked to recuse themselves, and were sued when they refused to recuse themselves, because they had publicly and loudly supported the project for at least a decade while sitting as elected Larimer County Commissioners. (The court ruled that the lawsuit should take place after tonight’s vote.) Both the Larimer County Land Use Code and the Colorado Constitution require that County Commissioners sit in a “quasi-judicial” position (as judges) during 1041 permit process and are thus not allowed to publicly take a position about a project.
Commissioner John Kefalas voted to deny the permit.
“The Poudre River will be irrevocably damaged if NISP is built,” said Gary Wockner. “In addition, the Commissioners were given clear evidence that the NISP application violates the land use code, including several of the 12 criteria, and as such this application absolutely should have been denied.”
“Further,” continued Wockner, “it’s also clear that Commissioners Johnson and Donnelly should not have voted at all, because doing so violated the Colorado Constitution as well as the Larimer County Land Use Code, given their prejudice and bias in favor of the project over the past decade.”
“Finally, because it violates the land use code, this decision to throw the public, the science, and the Poudre River under the bus is subject to ‘judicial review’,” said Wockner, “and as such, we fully expect to challenge this illegal decision in state district court as soon as possible.”
This press release is posted here.
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-- Gary Wockner, PhD, Director Save The Poudre: Poudre Waterkeeper Author: "River Warrior: Fighting to Protect the World's Rivers" (2016) PO Box 20, Fort Collins, CO 80522 http://savethepoudre.org http://www.facebook.com/SaveThePoudre Tweets by SaveThePoudre 970-218-8310