June 10, 2021 For Immediate Release Contact: Gary Wockner, Save The Poudre, 970-218-8310 Save The Poudre Sues to Stop NISP Damage on Fort Collins Natural Areas Fort Collins: Yesterday, Save The Poudre filed a lawsuit in state district court in Larimer County against the Northern Integrated Supply Project's ("NISP") attempt to use the SPAR (Site Plan Advisory Review) process for placing a diversion structure, pump station, and massive pipeline across City of Fort Collins' Natural Areas (the lawsuit is posted here). The City Land Use Code makes perfectly clear that SPAR can only be used if NISP "owns or operates" the City Natural Area property, which NISP does not. Further, City Manager Darin Atteberry sent a memo to the City Council on April 16, 2020, telling the Council that NISP had to buy the land, negotiate an easement, or condemn the Natural Areas by eminent domain in order to build the project, but NISP has not done any of those things (the memo is posted here). "We're proud to stand up and defend the citizen-owned Natural Areas," said Gary Wockner of Save The Poudre. "If the whole Hughes Stadium issue taught the City government anything, it's that the people of Fort Collins want their Natural Areas to be protected, restored, and enhanced, not degraded and diminished." The City staff has scheduled a hearing at the Planning and Zoning Commission for NISP on June 30th. Save The Poudre in turn filed a "temporary restraining order" with the court against the City to stop the Commission hearing. Save The Poudre alleges that the City is not enforcing its own land use code and is letting NISP skate by with a bogus review process instead of forcing NISP through a rigorous permit application that must require the review of the full City Council. NISP would drain water out of Natural Areas along the Poudre River throughout Fort Collins, thereby draining wetlands, drying up the riparian forest, and diminishing wildlife habitat. Homestead Natural Area, Kingfisher Natural Area, and Riverbend Ponds Natural Area would be further degraded by the construction of a water diversion structure, pump station, and massive pipeline. "NISP is a massively damaging project that would degrade and destroy City-owned Natural Areas that were bought and paid for by City ratepayers and taxpayers. The people of Fort Collins love their Natural Areas and we are excited to stand up and defend the citizens and their property against this environmentally destructive project," said Wockner. Save The Poudre is joined in the lawsuit with No Pipe Dream Corporation. ***end***
July 1, 2021
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310
Fort Collins Planning and Zoning Commission “DISAPPROVES” NISP Pipeline
Fort Collins: Last night, after three hours of testimony and deliberation, the Fort Collins Planning & Zoning Commission voted 3 – 2 to “Disapprove” the Northern Integrated Supply Project’s (NISP) Site Plan Advisory Review (SPAR) application. NISP proposes to build a massive pipeline across city-owned and protected Natural Areas, and divert over 4 billion gallons of water per year out of the Poudre River, both on the eastern side of Fort Collins.
“We’re pleased with the Planning Commission’s vote,” said Gary Wockner of Save The Poudre. “NISP has no right to march into Fort Collins and cause huge damage to much-loved Natural Areas along the Poudre River that were bought and protected by and for the people of Fort Collins.”
With the Commission’s disapproval now hanging over NISP, the entire project and its convoluted 18-year history is increasingly in limbo. The Commission’s disapproval adds to the City’s formal “opposition” to NISP that was codified by the City Council in a resolution on Aug. 4, 2020. Further, Save The Poudre has multiple active lawsuits against NISP, including challenging the use of SPAR in the City of Fort Collins. At this point, it’s unclear what the NISP directors will do about the disapproval, and it’s unclear how the courts will rule on Save The Poudre’s lawsuit.
“We will fight to stop NISP as long as it takes,” said Wockner. “The people of Fort Collins have been extremely supportive and generous — they’ve given us their marching orders to protect the Poudre River and we are fighting on every front.”
Save The Poudre put comments into the SPAR process and testified at last night’s hearing.