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Poudre River Update: Save The Poudre Will Sue The Army Corps To Stop NISP

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

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PRESS RELEASE: NISP Record of Decision Issued; Save The Poudre Says, “We’ll See You In Court”

12/9/2022 For Immediate Release Contact: Gary Wockner, Save The Poudre, 970-218-8310 NISP Record of Decision Issued; Save The Poudre Says, "We'll See You In Court" Fort Collins, CO:  Today, after nearly 20 years, the Army Corps of Engineers issued the 404 Permit and Record of Decision for the proposed $2 billion "Northern Integrated Supply Project" (NISP) near Fort Collins, CO. The permit is posted here: https://www.nwo.usace.army.mil/Media/News-Releases/Article/3241655/us-army-corps-of-engineers-issues-section-404-permit-authorizing-fill-discharge/ Save The Poudre response: "We've fought this river-destroying project for nearly 20 years, girding for this final battle. Our attorneys' pens are sharpened and we will sue to stop this project and protect the Poudre River as soon as possible. We've given the Northern Colorado Water Conservancy District ("Northern") every chance to find a compromise solution, but instead they've chosen to compromise the Cache la Poudre River. Northern proposes to spend $2 billion on a project that has one massive environmental impact in Larimer County -- further draining and destroying the Cache la Poudre River through Fort Collins. We are happy to keep a dialogue open with Northern Water as the lawsuit plays out, but for now it's a court battle they want, and it's a court battle we will give them." Save The Poudre is also in state court against NISP, suing the former Larimer County Commissioners who gave a 1041 permit to NISP. That lawsuit is just beginning its briefing schedule after the beginning of 2023 and will play out in 2023. Federal court battles generally last 2 - 3 years for the first round in federal district court. --end--

Poudre River Update: Thank you for your support on Colorado Gives Day!

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, we WON in court against the City of Thornton, and now we’re making news about it on the Front Page of the Denver Post! For 12 years, we’ve been telling the City of Thornton they should send their water down the Poudre River, all the way through Fort Collins, before taking it out near Windsor. And for 12 years, Thornton has refused to do so. Now the media is really starting to take notice. The Denver Post, Colorado Sun, Fort Collins Coloradoan, and other publications are all writing about the debacle Thornton has tangled itself in, and writing about our simple solution to untangle them: RUN THE WATER DOWN THE POUDRE! Further yet, we’ve now expanded the concept to include the Northern Integrated Supply Project (NISP), the City of Greeley’s proposed storage project, and the City of Fort Collins’ proposed expansion of Halligan Reservoir. All of these municipalities should use the “river as the conveyance” for their water rather than building massive pipelines that take the water out of the river. The river is “natural infrastructure,” and using the river as conveyance is a “Nature-Based Solution” to these water supply problems. Further yet, our concept of using Nature-Based Solutions is resonating across the U.S. and the planet. At COP27 recently in Cairo, Egypt, the Asst Secretary for the U.S. State Dept., Monica Medina, spoke about “Nature-Based Solutions” for climate change and environmental problems. We’ve reached out to all of the stakeholders who are trying to build new projects on the Poudre including Larimer County, the City of Fort Collins, the City of Greeley, the City of Thornton, and Northern Water to begin discussions about using the river as the conveyance for the water. Further, we are reaching out to our federal elected officials including Senators Bennet and Hickenlooper, and Congressman Neguse, to discuss the concept. We’ve also reached out to the Biden Administrations’ U.S. EPA. If the status quo continues – which includes building multiple dams and pipelines – the river through Fort Collins will be increasingly drained. We believe we owe it to the people of Fort Collins and Larimer County, as well as to the river itself, to try to negotiate a better outcome. Over $2 billion dollars is proposed to be spent by the municipal water agencies to build dams and pipelines designed to get the water out of the Poudre River before it reaches Fort Collins. We’re working to change that trajectory. While we attempt to negotiate, we’re also keeping our foot on the pedal of law enforcement! 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. If the Army Corps…

MEDIA STATEMENT: Save The Poudre Statement on Home Builders Association Letter to Larimer County Commissioners

Hi Colorado Environmental Media, Yesterday, the "Home Builders Association of Metro Denver" and the "Colorado Association of Home Builders" sent a comment letter to the Larimer County Commissioners about the proposed "Thornton Pipeline". The Home Builders' letter, pasted in below and posted here, is uninformed, harasses the Commissioners, and is filled with false information. Statement by Gary Wockner, Director of Save The Poudre: "The Home Builders are uninformed and spewing false information to the County Commissioners and the public. It is Thornton, not Larimer County, who is refusing collaborate and delaying the delivery of water. We've been in contact with Thornton for 14 years about this issue, and it was Thornton who originally planned to send the water down the Cache la Poudre River, not put it in a pipeline. It is Thornton, not Larimer County, who changed its mind and spent more than a decade and millions of dollars trying to get a permit to build a pipeline in Larimer County. It is Thornton, not Larimer County, who filed a lawsuit, spending more millions of dollars, which further delayed the delivery of water and refused to collaborate. In fact, if Thornton simply would've collaborated with us and stuck to their original plan and sent the water down the Poudre River -- using the River as a conveyance -- and then diverted the water in Weld County near Windsor, Thornton would not have even needed a permit in Larimer County and Thornton would've had its water 10 years ago. We encourage the Home Builders to get their facts straight and stop harassing elected officials and the public in Larimer County." I'm happy to chat with any media on the phone about this. Gary -- Gary Wockner, PhD, Director Save The Poudre: Poudre Waterkeeper Author: "River Warrior: Fighting to Protect the World's Rivers" (2016) PO Box 20, Fort Collins, CO 80522 http://savethepoudre.org http://www.facebook.com/SaveThePoudre https://twitter.com/savethepoudre 970-218-8310 ***************** Home Builders Association of Metro Denver and Colorado Association of Home Builders Comments Letter - Thornton Water Pipeline Project Morgan Cullen to kefa...@co.larimer.co.us, kste...@larimer.org, JShadduc...@larimer.org, vol...@co.larimer.co.us, fri...@larimer.org, Ted Leighty, t...@hbacolorado.com Dear Commissioners Kefalas, Stephens and Shadduck-McNally:   I am writing to submit formal comments on the ongoing legal challenges surrounding the Thornton Water Project. These comments are being provided on behalf of the Home Builders Association of Metro Denver and the Colorado Association of Home Builders. The HBA of Metro Denver represents over 500 homebuilders, developers, remodelers, architects, mortgage lenders, title companies, subcontractors, suppliers, and service providers in the eight metro-area counties we serve. The Colorado Association of Home Builders has over 2,000 members across the state, representing over 40,000 jobs that play a crucial role in providing housing for Coloradoans. For many years, Colorado has established itself as one of the best places to live, work and raise a family. Colorado has a proud history of communities working together to tackle tough issues, solve problems and improve the prosperity of all its residents through collective reciprocity and regional collaboration. Be it in politics, business or our…

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