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
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
