Hello Poudre River Lovers! Thank you for your support! We’re in the heat of summer and in the heat of battle to Save The Poudre. First, we filed suit against the Larimer County Commissioners and the City of Thornton for giving a 1041 permit to the Thornton Pipeline. We’re not thrilled to have to sue the Larimer County Commissioners, but our organization is committed to sound science and logic, and Thornton’s pipeline is a ridiculous idea. Further, almost 100% of Larimer County residents oppose the Thornton Pipeline, as evidenced by the hundreds of comments inserted into the permitting record. Although we are not happy to file the lawsuit, we are proud to support the people of Larimer County. Throughout the permitting process, we argued that Thornton should “use the Poudre River as the conveyance” for the water rather than put it in a pipeline. Our lawsuit takes it to the wall in state district court in Larimer County. Second, our lawsuit against the Northern Integrated Supply Project (NISP) and the former Larimer County Commissioners (who gave NISP a permit back in 2020) is now in the Colorado State Court of Appeals in Denver. NISP refuses to consider running their water down the Poudre River, and instead – like Thornton – wants to put the water in a huge pipeline north of Fort Collins. This is, of course, also ridiculous and insane. Using the Poudre River as conveyance for water is cheaper, faster, easier, and more ecologically healthy than draining the water out of the Poudre and putting it in a pipeline. We’re going to fight in state court as long as we can, no matter the outcome, because it’s the right thing to do. We may have to go to the Colorado Supreme Court to fight this battle, so stay tuned. Third, in January we filed the big lawsuit against the U.S. Army Corps of Engineers for giving a permit to NISP. Once again, the health of the Poudre River was ignored in this permit decision that we believe violates the National Environmental Policy Act and the Clean Water Act. And again in the federal lawsuit, we argued that NISP should use the Poudre River as the conveyance for the water, instead of putting that water in a huge, expensive, and environmentally destructive pipeline north of Fort Collins through private neighborhoods. Finally, NISP still needs a permit from the City of Fort Collins to build a massive pipeline across City Natural Areas. This permit process won’t start until the Fall of 2024, but we will be thick in the fight to not only protect the Poudre River, but also protect the City’s Natural Areas that all citizens bought and paid for. Our beloved Natural Areas in Fort Collins and Larimer County SHOULD NOT be sacrifice zones for river destruction and sprawl in Weld County which is where the pipeline would take most of the water. 2024 is the 20th year of this fight which could go on for a few more years in…
Save The Poudre Will Sue To Overturn Larimer County’s Biased NISP Decision
November 4, 2020
For Immediate Release
Contact Gary Wockner, 970-218-8310, Save The Poudre
Save The Poudre Will Sue To Overturn Larimer County’s Biased NISP Decision
Fort Collins: Today the Larimer County Commission finalized its “Findings and Resolution (posted here)” (“F & R”) for the 1041 permit for the Northern Integrated Supply Project (NISP). On a 2 – 1 vote, the F & R was ratified by biased, lame-duck Commissioners Tom Donnelly and Steve Johnson, with Commissioner John Kefalas opposed.
Also today, Save The Poudre directed its legal team to accelerate the legal battle against Larimer County to overturn this illegal and biased decision by these two commissioners.
First, Save The Poudre will continue pursuing its lawsuit against Commissioners Donnelly and Johnson, arguing their bias in the decision process. In violation of the Larimer County Land Use Code and Colorado Constitution, both Donnelly and Johnson voted on the NISP permit — a quasi-judicial decision process — when they had already and repeatedly stated their biased support for NISP.
Second, Save The Poudre will soon be filing a new lawsuit against the County, arguing that the County’s 1041 permit for NISP violates the Larimer County Land Use Code on multiple grounds.
Third, in the coming weeks and months, Save The Poudre will seek all available remedies to overturn the County’s illegal and biased NISP decision.
“NISP would drain and destroy the Cache la Poudre River through Fort Collins, and is thus the most disastrous and environmentally destructive project in Larimer County history. Any decision about NISP should reflect the future of the County, not the past,” said Gary Wockner, director of Save The Poudre. “We will do everything possible to overturn this illegal, biased decision by these two lame-duck commissioners.”
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