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PRESS RELEASE: With Compromise Denied, Save The Poudre Files Federal Lawsuit Against Army Corps For Giving Permit To NISP

1/26/2024
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310

With Compromise Denied, Save The Poudre Files Federal Lawsuit Against Army Corps For Giving Permit To NISP

Fort Collins: Yesterday, Save The Poudre filed a lawsuit in federal district court in Denver against the U.S. Army Corps of Engineers (“Corps”) for giving a 2023 permit to the Northern Integrated Supply Project (“NISP). The lawsuit comes in the 20th year of bungled and massively delayed permitting for the NISP boondoggle which was proposed to cost $143.9 million in 2005 permitting documents, but was recently revealed to cost $2.25 billion in a 2023 Colorado Open Records Act filing.

NISP proposes to divert a very large amount of water out of the Cache la Poudre River in Larimer County which would cause severe damage to the River, the aquatic life in the River, the new Poudre River Whitewater Park in downtown Fort Collins, as well as to the riparian corridor through Fort Collins and downstream. In some months and years, NISP would divert 65% of what water is left in the River which is already heavily diverted by farms and cities.

The lawsuit alleges that the Army Corps violated the National Environmental Policy Act (NEPA) and the Clean Water Act when the Corps gave a permit to NISP.  Throughout the nearly 20 years of the federal permitting process, NISP claimed that it required 40,000 acre feet of water, and thus screened out many smaller and less environmentally damaging alternatives that could’ve met the needs of the participants, including conservation alternatives proposed by Save The Poudre.

The lawsuit is posted here.

And then, in a 2021 hail-Mary attempt to get a massive $464 million bailout from the U.S. taxpayer through a U.S. Environmental Protection Agency (“EPA”) loan program, NISP revealed in the application that it only needed 20,000 acre feet of water and could get by building only half of the project for now. A smaller half-sized project would’ve required a completely different NEPA analysis revealing smaller and much less environmentally damaging alternatives, including more conservation options.

The half of the project that would be built with the EPA loan was the Glade Reservoir complex in Larimer County, while the other half of the project, the Galeton Reservoir complex in Weld County, would be put on hold due to the exorbitant cost overruns. The cost overruns that catapulted NISP to $2.25 billion didn’t even include the cost of buying, or buying out, thousands of acres of irrigated farms in Weld County for Galeton Reservoirs’ so-called “water secure” program. The loan application to the EPA was filled out and signed by the NISP project manager, and it included declaring that any false information in it was subject to criminal prosecution.

In 2022, Save The Poudre publicly announced a “compromise” that would allow NISP to be built if it sent all of its water downstream in the Poudre River in Larimer County instead of draining the river and diverting the water out into pipelines. Save The Poudre deemed the compromise a “nature-based solution” that would protect the River in Larimer County but allow the water to be diverted out of the River in Windsor and/or Greeley. NISP refused to compromise and stuck to its 20-year old plan to further drain and destroy the Poudre River in Larimer County.

“It’s outrageous that NISP refuses to compromise to benefit the River and the vast majorities of people of Fort Collins and Larimer County who love the River,” said Gary Wockner, director of Save The Poudre. “After 20 years, we now have no choice but to file this lawsuit and let it play out in court which will likely take several more years.”

NISP still needs a 1041 permit from the City of Fort Collins to run a massive pipeline through the City’s Natural Areas, a permit that was denied back in 2021 by the City’s Planning Commission. The City’s 1041 permit process hasn’t even started yet. The Fort Collins City Council has voted to oppose NISP several times, most recently in 2020.  Save The Poudre is also in state court against the former Larimer County Commissioners who gave a 1041 permit to NISP in 2020.

Save The Poudre is represented in this case by the public interest law firm Eubanks & Associates, PLLC.

This press release is posted here.

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MEDIA STATEMENT: Save The Poudre Considering Appeal of Thornton Pipeline Ruling

MEDIA STATEMENT: Save The Poudre Considering Appeal of Thornton Pipeline Ruling 7/7/2025, Contact: Gary Wockner, Save The Poudre On July 3rd, the State District Court judge ruled on our lawsuit against the Thornton Pipeline, siding with the Larimer County Commissioners and Thornton, and against Save The Poudre. The ruling is posted here: https://www.savethepoudre.org/wp-content/uploads/2025/07/ORDER-REGARDING-PLAINTIFFS-COMPLAINT-FOR-JUDICIAL-REVIEW-UNDER-C.R.C.P.pdf Save The Poudre's statement: "Importantly, we believe the court's ruling contains errors and we are considering an appeal. In addition, Thornton has caused incredible acrimony in Larimer County by pounding this pipeline down the throats of neighborhoods instead of using the Poudre River Option that would enhance the health and recreational opportunities of the Poudre. Further, Thornton's proposed mitigation fund -- likely as little as $5 million from the sale of two of the eight farms they will dry up in Larimer County -- feels more like a slap in the face rather than an earnest offering to heal the conflict and improve the River in exchange for their $500 million project to send 14,000 acre feet of Poudre water to the Denver suburb. In comparison, Northern Water is sending part of their NISP water down the Poudre and collaborated with Save The Poudre to create a $100 million Poudre River Improvement Fund to address the impacts of NISP, which is $2,500 per acre foot. Thornton's pathetic offering is about $360 per acre foot. Thornton had the opportunity to do the right thing and collaborate to help restore the river through Fort Collins, but instead chose the path of conflict and litigation that continues to drain the river." -- Gary Wockner, Save The Poudre ***end***

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…

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