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…
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