Hi Friends of the Poudre, Your support at the end of 2024 made all the difference! And now we have our hands on the oars to paddle hard in 2025. THANK YOU!! As we move into 2025, we are completely focusing on our legal fights against the Northern Integrated Supply Project (NISP) and the Thornton Pipeline. To those ends, we have three big priorities. First, we are in a lawsuit in federal district court in Denver against the Army Corps of Engineers for giving a permit to NISP. That lawsuit will play out this year, and we're somewhat optimistic about our chances of winning. Court precedents in other legal fights are leaning our direction and we have a great team of attorneys battling in court. Second, NISP still needs a permit from the City of Fort Collins to build a massive pipeline across City Natural Areas. It appears that this permit process won’t start until Spring of 2025, but we will be thick in the fight to not only protect the Poudre River, but also protect the City’s Natural Areas that all citizens bought and paid for. Our beloved Natural Areas in Fort Collins and Larimer County SHOULD NOT be sacrifice zones for river destruction and sprawl in Weld County which is where the pipeline would take most of the water. Finally, we are in a lawsuit against the Larimer County Commissioners for giving a permit to the Thornton Pipeline. That lawsuit will also play out this year, and again, we have a great legal team fighting on our side. Throughout these battles, we continue to argue that these projects should “use the Poudre River as the conveyance” for the water rather than put it in massive pipelines north of Fort Collins. Once the water goes into a pipe, it never comes out again to flow down the Poudre. Further, once the pipelines are built, more and more water can be sent through pipes rather than down the Poudre. These pipelines will drain and destroy the river over time as more and more farm water is transferred to growing towns and cities, which is the long-term trend across the Front Range and in northern Colorado. We call this the “Poudre River Option” and it is the key to keeping the Poudre alive as towns and cities across the northern metro area – including the City of Thornton – continue to raid rivers and farms to supply water and fuel growth. 2025 is our 21st year of this fight which could go on for a few more years in these court battles. We are committed to getting the best outcome for the Poudre River that local residents holds dear. PLEASE KNOW – Your past support has made all of the difference in our ability to fight these battles and we are still fighting hard in 2025!. THANK YOU!! Mark Easter, Chair of the Board; Gary Wockner, Executive Director
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!