Donate Subscribe to News
Blog

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:

  1. 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.
  2. 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!

Related Posts

Save The Poudre Update: We’re Doubling Down Against the Thornton Pipeline!

Hi Amazing Friends of the Poudre River! It's been a wild 10 days since our announcement about the Agreement we reached to stop opposing the Northern Integrated Supply Project (NISP), all of which is still being solidified. Stay tuned for more information about all of that in the coming weeks and months. In the meantime, we're doubling down against the Thornton Pipeline. Yesterday, we filed our opening brief in our lawsuit against the pipeline, in which we made it perfectly loud and clear that Larimer County should have required Thornton to present a "Poudre River Option" for sending its water down the river instead of a pipeline north of Fort Collins. In fact, NISP will be sending about 1/3 of its water down the Poudre River, equaling about 14,000 acre feet, which is nearly the exact same amount of water that Thornton is proposing to put in its pipeline. If NISP can do it, Thornton can also do it! Further, Thornton's water would be during the summer months which would greatly help to make the river cleaner and healthier at the same time that more people are recreating in the river, including at the Whitewater Park in downtown Fort Collins. Rest assured that our work protecting the Poudre is not done and we are still working hard. Thank you for your ongoing support! Gary Wockner, Director, Save The Poudre

PRESS RELEASE: Save The Poudre secures $100 million for “Poudre River Improvement Fund” to end NISP opposition and lawsuit

February 28, 2025 Press Release Contact: Gary Wockner, Save The Poudre, gary.wockner@savethepoudre.org Save The Poudre secures $100 million for “Poudre River Improvement Fund” to end NISP opposition and lawsuit The conservation settlement is likely one of the largest in U.S. history for a river its size and envisions a “Poudre River Water Trail” to transform the lower river into a recreational amenity Fort Collins, CO: Today, Save The Poudre announces that it has entered into an Agreement (posted here) with the Northern Integrated Supply Project Water Activity Enterprise [NISP Enterprise] that will secure $100 million, paid by the NISP Enterprise, for a “Poudre River Improvement Fund” (Fund). In return, Save The Poudre will end its 20-year opposition to NISP and withdraw its lawsuit against the U.S. Army Corps of Engineers for giving a permit to NISP. The Agreement ends the two-decade long battle over NISP which is a proposed $2.25 billion off-channel reservoir project northwest of Fort Collins that would drain more water out of the Cache la Poudre River to slake the thirst of growing towns in Weld, Larimer, and Boulder counties. The $100 million Fund is likely one of the largest river conservation settlements in U.S. history for a river its size and can provide benefits to the Poudre River from Gateway Park in Poudre Canyon all the way to the confluence with the South Platte River east of Greeley about 50 river-miles downstream. The Agreement specifically supports the potential creation of a “Poudre River Water Trail” that could transform the river into a recreational amenity for tubing, fishing, and boating from Gateway Park downstream to Eastman Park in Windsor. Exhibit A of the Agreement lists 10 types of projects that the Fund can be used for – such as ecological, habitat, and recreational improvements – in addition to describing how the Fund will be managed. Importantly, the $100 million is separate from, and in addition to, the money already committed by NISP in its “2017 Mitigation and Enhancement Plan.” “For 20 years, we have brought attention to the plight of the Poudre River and the impacts on the river that would be caused by NISP,” said Gary Wockner, who has directed Save The Poudre for all of those 20 years. “We are pleased to have reached this Agreement and we look forward to putting the Improvement Fund to work for the health of the river and all of the people who love and enjoy the river in northern Colorado.” Save The Poudre will appoint 3 people to the Fund Committee – which will oversee and direct all of the Fund’s expenditures on projects – and the NISP Enterprise will also appoint 3 people. The Fund will be held in trust at the Community Foundation of Northern Colorado. The NISP Enterprise will pay out a total of $100 million over a 15-year period, with the first payment of $5 million made next week. Mark Easter, who has been the board chair of Save The Poudre since it was…

Poudre River Update: In the year 2025, we’re STILL Fighting to Protect the Poudre!

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

Back To Top