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 Update: We Are Taking Action — the Poudre River Needs Your Support!
Hello Poudre River Lovers!
THIS IS IT! Today is Giving Tuesday — Thank you for your support!
Please donate on our website at:
http://www.savethepoudre.org/take-action/donate/
In the next few months, we will make our final decisions about challenging the permits for NISP at the local, state, and federal level, and YOUR financial support will make those decisions for us.
For 18 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.
Here’s an update on where the battle is right now.
First, 2 of 3 Larimer County Commissioners voted to approve NISP, a decision that was finalized in early November 2020. We’ve pulled out all the stops in our effort to reverse this decision. So far, we’ve:
- Filed a lawsuit arguing that two of the County Commissioners are biased due to their decades of support for NISP.
- Will be filing another lawsuit against Larimer County specifically for the NISP decision.
- Worked in close coalition with two local neighborhood groups – “Save Rural NoCo” and “No Pipe Dream” – to fight the project and influence the County’s decision.
- Continued to make news arguing that NISP should use the river as a conveyance. The Denver Post (above left) highlighted our work to fight both NISP and the Thornton Pipeline on Sunday, Nov. 15th. And, the Fort Collins Coloradoan (right) accurately covered the Larimer County hearing process extensively.
The County permit process completely ignored many issues, and completely ignored 95% of all public comment opposing NISP. The outrageous decision to support NISP by two term-limited Commissioners can and must be overturned. We have a strong case in the courts to overturn this decision and we are aggressively pursuing it. We are fighting every step of the way in this County permit debacle.
It ain’t over yet!
Second, our legal action against the State of Colorado is moving forward with a final decision occurring while this letter goes to press. The state gave a “401 water quality permit” to NISP. Save The Poudre’s appeal alleges thirteen violations of State regulations when the State gave its permit. The Top Five violations are:
- No water rights – the plan to fill Glade Reservoir requires buying hundreds of farms in Weld County, whereas only two farms have been bought.
- Fails to take into account climate change and its reduction in streamflow in the Poudre River.
- Mitigation won’t occur until full build-out, maybe 30 years in the future.
- Mitigation doesn’t allow for peak flows to clean out the river and restore the riparian forest through Fort Collins.
- 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 is to the “Water Quality Control Commission” appointed by Governor Polis. If the “Commission” votes against the Poudre River, we can file a lawsuit in Larimer County District Court.
Finally, Save The Poudre is awaiting the final “Record of Decision” from the U.S. Army Corps of Engineers, which is expected to be released any day now. Our legal and scientific team is ready for battle when this permit is released. We have a great attorney lined up to fight this permit if needed, and we are prepared to do everything we can to stop NISP.
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. We’ve been girding for this battle for 18 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! All donations are tax deductible
Please donate on our website at:
http://www.savethepoudre.org/take-action/donate/
Thank you for your support!
Gary Wockner, Director, Save The Poudre