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.

***end***

-- 
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

Gary Wockner

11/28/2023 For Immediate Release Contact: Gary Wockner, Save The Poudre, 970-218-8310 Fort Collins, CO: Yesterday, Save The Poudre was informed that the U.S. Environmental Protection Agency (EPA) has "invited" the Northern Integrated Supply Project (NISP) to apply for a massive loan of U.S. taxpayer money to try and bail out the $2.25 billion NISP boondoggle (see page 4 on the EPA's website here). NISP -- the massive proposed Poudre River dam project which has limped along for 20 years in permitting and in court -- was originally proposed to cost $140 million in 2004, and now is proposed to cost $2.25 billion (see our previous press release here about the cost of NISP). Two years ago, NISP sent a "letter of interest" to the EPA, asking for a $484 million loan from the U.S. taxpayer through the EPA's "Water Infrastructure Finance and Innovation Act" (WIFIA) program to bailout the project. After NISP sent its letter of interest, Save The Poudre sent lengthy comments to the EPA about how the project should not receive a taxpayer loan (our comment letter to EPA is posted here). The EPA completely ignored Save The Poudre's comments and has now invited NISP to apply for a loan. "As our comments made clear, the EPA should be investigating NISP for the criminal violation of lying in its letter of interest, not asking NISP to apply for a loan," said Gary Wockner of Save The Poudre. "NISP purposely used 'falsification and misrepresentation' in its letter about the environmental impacts of NISP which is a criminal violation." In addition to ignoring Save The Poudre's comments, the EPA has also ignored the City of Fort Collins. As our 12/4/2021 press release points out, the City of Fort Collins has grave concerns about the impact of NISP on the Poudre River's water quality and the City's Natural Areas. To this day, the Fort Collins City Council has voted to be 100% opposed to NISP. "If the Biden Administration moves this loan forward, they will have effectively turned the EPA into the 'Environmental Destruction Agency,'" said Wockner. "NISP is lying to the federal government to try and get taxpayer money to bailout a massive river-destruction scheme which violates every ethical standard of the WIFIA program and what the EPA should be doing." This press release is posed here. ***end***

Hi Friends of the Poudre, First, yesterday we filed a lawsuit "appeal" with the Colorado State Court of Appeals in Denver against the former Larimer County Commissioners and the Northern Integrated Supply Project (NISP). Last month, a district court judge in Larimer County ruled against us, and because we strongly disagreed with the judge's decision, we are now appealing the decision in the state court system in Denver. In the lawsuit appeal, we principally claim that: Former Larimer County Commissioners Steve Johnson and Tom Donnelly were biased in their support of NISP and never should've been allowed to make a decision about the County permit in 2020. In the Larimer County permit process, NISP should've been required to analyze and use the "Poudre River Alternative" to send all of its water down the Poudre River rather than put the water in a pipeline north of Fort Collins. This State Court of Appeals lawsuit will play out over the next 6 - 18 months in Denver, and so you're support will keep us running through the tape! Second, in addition to this State lawsuit, we are still preparing our Federal lawsuit against the U.S. Army Corps of Engineers for giving a permit to NISP. In fact, the 'statute of limitations' to file that lawsuit doesn't end for 5 more years, and if we move that case forward it could take several more years in court after that. As such, we are taking our time and being very careful and deliberate in our preparation of that lawsuit. Finally, NISP also has to get a permit from the City of Fort Collins, a process that hasn't even started yet. When that process does start, likely in early 2024, it will play out over 6 - 12 months within the City, and then if we don't agree with that decision, we can also challenge it in court. In summary, it could be YEARS in the future before the final outcome on NISP is decided. Throughout this entire process, we are working STOP NISP or get the best possible outcome for the Cache la Poudre River. In fact, last year we created and publicly supported a "compromise" solution (read about it here) that would allow NISP to be built, but run ALL of its water down the Poudre River instead of putting the River's precious water in a pipeline. So far, our compromise has not gotten traction. When NISP started out in 2004, it was supposed to cost $147 million, whereas in 2023, NISP is now supposed to cost $2.25 billion. We will continue to fight as long as it takes to make sure any money that is spent includes the protection and restoration of the Poudre River. It's YOUR SUPPORT that keeps us working hard, keeps us in court, and keeps the Poudre River alive! PLEASE DONATE ONLINE BY CLICKING HERE. Thank you!

Hi Poudre River Lovers! THANK YOU FOR YOUR SUPPORT. YOU CAN DONATE ONLINE BY CLICKING HERE. We're aggressively working to protect and restore the Cache la Poudre River by suing in court, fighting for better regulations, and countering the lies and propaganda. First, we are actively in the 'briefing' schedule in our state district court case against the proposed, massive, river-destroying reservoir called the "Northern Integrated Supply Project" (NISP). Recall, the former Larimer County Commissioners, Steve Johnson and Tom Donnelly, gave a permit to NISP over 2 years ago and we immediately sued the County. That case is playing out in court and we may have a decision by the district court judge in the next 6 months. We're arguing tenaciously that NISP would irreparably damage the Poudre River by diverting so much water out of the river through Fort Collins. Win, lose, or draw, we will keep fighting and take the case all the way to the Colorado Supreme Court if we have to! We're also continuing to prepare our lawsuit against the U.S. Army Corps of Engineers for giving a permit to NISP. That case will play out in federal court in Denver, and who knows, the Poudre River may get its day in court with the U.S. Supreme Court in Washington D.C. as well. Second, the Fort Collins City Council recently considered new "1041 regulations" that would be required of NISP, and we testified to the Council to make sure the regulations are as strong as possible. Recall, the City has voted to "OPPOSE NISP", which was great news two years ago, and we are keeping the river's health front and center in the minds and eyes of the City Council. NISP would further degrade the Poudre River through Fort Collins as well as partially ruin the new $20 million Whitewater Park by removing so much water out of the river. We will do everything we can to protect the river in Fort Collins and get as strong of regulations from the City as possible. Finally, at that same Fort Collins City Council meeting on Feb. 8th, proponents of NISP stood up and told their tired, false story about how they think NISP would "improve the health of the Poudre River". This propaganda is ridiculous, and we continue to confront it at every turn. Take a look here on our Facebook page (click here to read it) for our rebuttal to this propaganda. NISP has one single purpose -- to drain the river before it reaches Fort Collins and send the Poudre's precious water out to sprawling towns mostly in Weld County. We will counter the lies and propaganda at every turn. Thank you for your support! It's your support that keeps us in court, keeps us testifying, and keeps us rebutting the propaganda. You can donate online by clicking here. Gary Wockner and Mark Easter, Save The Poudre

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