Hi Amazing Poudre River Lovers! We all knew this day would come, and come it has. Last Friday, the U.S. Army Corps of Engineers sent out a press release saying they had signed the Record of Decision and 404 Permit for the Northern Integrated Supply Project (NISP). As we always do, we jumped into action to learn as much as possible and stay on top of the swirl of media. We had quotes in stories in the Denver Post and Colorado Sun over the weekend, and more are coming. While one phase of the battle to save the Poudre has almost ended, another begins. We will soon have two active lawsuits against NISP: 1) against the former Larimer County Commissioners who gave a permit to NISP. This lawsuit will play out in 2023. And 2) against the U.S. Army Corps of Engineers for giving a permit to NISP. We will file that lawsuit against the Army Corps in the coming weeks as soon as we are able to read and analyze the permit. This federal permit court fight could take 2 to 3 years in federal district in Denver. In both lawsuits, we are thrilled to have a Great Legal Team. Further, our attorneys have their minds and pens ready as the briefing schedules play out. We have worked with them for years preparing for this day and for the next year. Further, NISP still needs a 1041 permit from the City of Fort Collins which is a whole different permitting process and arena, and we are 100% engaged in this Fort Collins permit as well which could take another year to play out. Here's what we know in our hearts -- the Cache la Poudre River is the heart and soul of Fort Collins, and the people of Fort Collins want the river protected and increasingly restored. YOU have given us our marching orders and we intend to march into court to make sure the Poudre River gets its day in court. At the same time, we continue to communicate with anyone who will listen -- NISP, Fort Collins, Greeley, Thornton, Larimer County -- about finding some sort of solution that meets everyone's needs, not just the narrow needs of water suppliers. We are working on every level to protect and restore the Poudre, and 2023 will be busier than ever. YOUR SUPPORT IS WHAT WILL KEEP US CHARGING FORWARD IN 2023! You can donate online by clicking here. THANK YOU FOR YOUR SUPPORT Gary Wockner, Mark Easter, and the STP Board/Team
Hello Poudre River Lovers! Thank you for your support!
We are pushing hard on every single lever to protect and restore the Cache la Poudre River.
First, NISP DOES NOT HAVE A PERMIT TO BEGIN CONSTRUCTION!
Many of you have reached out to see what’s going on with the apparent construction in the valley where Glade Reservoir might be built. Please know that we are paying close attention and consulting with our legal team constantly.
The digging at the proposed site for Glade Reservoir is deemed by the Army Corps of Engineers to be “pre-construction” and “test hole drilling” that does not require a permit from the Corps. NISP is doing this work on land that NISP owns, and while it is very concerning to everyone, including all the neighbors, we talked at length with our legal team and there’s no way we can stop it.
Northern Water, which is building the Chimney Hollow Reservoir west of Loveland right now, did similar pre-construction work at that site. After we filed the lawsuit against Northern and the Corps’ after the permit came out, all of the construction at Chimney Hollow stopped.
We are very vigilant about everything that’s going on at the Glade site, and we are in constant communication with our legal team. We are nearly 100% likely to file a lawsuit against the Corps and Northern when the NISP permit is released. We expect the Corps to release the permit any day, and our legal team is poised with pens ready to fight and file.
Second, recall that we sued the former Larimer County Commissioners for giving a permit for NISP, and that lawsuit is still playing out in state court in Larimer County. We believe we have a strong case and our legal team is fighting hard to get the best outcome.
So far, the judge has not acted on any motions, and hasn’t issued any kind of rulings. It could take a year or more for this lawsuit to play out.
Third, our intervention in the lawsuit to stop the proposed Thornton Pipeline recently had a hearing in front of the state court of appeals in Denver. We are expecting a ruling in the coming weeks or months. Recall, the Larimer County Commissioners denied a permit to Thornton, then Thornton sued the County. Thornton lost in state district court and has now appealed to the state court of appeals.
Fourth, we continue to be engaged in the preparation of the City of Fort Collins’ new “1041 regulations” that will apply to NISP. We’ve provided many comments to the Council and the staff, and we are waiting for a final draft that will be on the City Council agenda in October or November. These regs are very important to protect the Poudre River as well as the Natural Areas all the way through Fort Collins.
PLEASE KNOW – 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 legal action for 19 years.
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:
Thank you for your support!
Mark Easter and Gary Wockner, Save The Poudre