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…
Poudre River Update: We’re Back in Court Against NISP!
Hi Friends of the Poudre,
First, yesterday we filed a lawsuit “appeal” with the Colorado State Court of Appeals in Denver against the former Larimer County Commissioners and the Northern Integrated Supply Project (NISP). Last month, a district court judge in Larimer County ruled against us, and because we strongly disagreed with the judge’s decision, we are now appealing the decision in the state court system in Denver.
In the lawsuit appeal, we principally claim that:
- Former Larimer County Commissioners Steve Johnson and Tom Donnelly were biased in their support of NISP and never should’ve been allowed to make a decision about the County permit in 2020.
- In the Larimer County permit process, NISP should’ve been required to analyze and use the “Poudre River Alternative” to send all of its water down the Poudre River rather than put the water in a pipeline north of Fort Collins.
This State Court of Appeals lawsuit will play out over the next 6 – 18 months in Denver, and so you’re support will keep us running through the tape!
Second, in addition to this State lawsuit, we are still preparing our Federal lawsuit against the U.S. Army Corps of Engineers for giving a permit to NISP. In fact, the ‘statute of limitations’ to file that lawsuit doesn’t end for 5 more years, and if we move that case forward it could take several more years in court after that. As such, we are taking our time and being very careful and deliberate in our preparation of that lawsuit.
Finally, NISP also has to get a permit from the City of Fort Collins, a process that hasn’t even started yet. When that process does start, likely in early 2024, it will play out over 6 – 12 months within the City, and then if we don’t agree with that decision, we can also challenge it in court.
In summary, it could be YEARS in the future before the final outcome on NISP is decided. Throughout this entire process, we are working STOP NISP or get the best possible outcome for the Cache la Poudre River. In fact, last year we created and publicly supported a “compromise” solution (read about it here) that would allow NISP to be built, but run ALL of its water down the Poudre River instead of putting the River’s precious water in a pipeline. So far, our compromise has not gotten traction.
When NISP started out in 2004, it was supposed to cost $147 million, whereas in 2023, NISP is now supposed to cost $2.25 billion. We will continue to fight as long as it takes to make sure any money that is spent includes the protection and restoration of the Poudre River.
It’s YOUR SUPPORT that keeps us working hard, keeps us in court, and keeps the Poudre River alive!
PLEASE DONATE ONLINE BY CLICKING HERE.
Thank you!