PRESS STATEMENT: Save The Poudre Files Lawsuit Against Thornton Pipeline

For Immediate Release June 18, 2024 Contact: Gary Wockner, Save The Poudre, 970-218-8310 Save The Poudre Will Sue To Stop The Thornton Pipeline Fort Collins, CO: Today, Save The Poudre notifies Larimer County and the City of Thornton that Save The Poudre will file a lawsuit to stop the Thornton Pipeline. At its administrative matters meeting this morning, June 18th, the Larimer County Commissioners will vote to finalize the 1041 permit with a "Findings and Resolution" (posted here, pages 202 - 249). (The item is on the consent agenda.) Save The Poudre's legal comments (posted here) argue convincingly that the County Commissioners should have required that Thornton send the water down the Poudre River in Fort Collins instead of putting it in a pipeline. By not doing so, the Commissioners have violated multiple sections of the County's land use code, as described in Save The Poudre's comments. "It's insane to divert the water out of the Poudre and put that water in a pipeline that crosses the river 12 miles downstream," said Gary Wockner who directs Save The Poudre. "Using the river as the conveyance would increase the health of the river in Fort Collins, the riparian corridor along the river, and the recreational opportunity at the new Whitewater Park in downtown." Further, as Save The Poudre points out in its legal comment letter, the Northern Integrated Supply Project (NISP) actually changed state law to specifically allow using the Fort Collins Poudre River corridor as the conveyance for about 13,500 acre feet of its water, while the Larimer County Commissioners failed to require Thornton to do the exact same thing for almost the exact same amount of Thornton's water (14,000 acre feet). "If NISP can do it voluntarily, Thornton must do it too," said Wockner. "The legal and policy precedent set by NISP must be applied to Thornton, and we will seek court intervention to enforce it." During the 10-year battle over the Thornton pipeline, and throughout the recent hearings in Larimer County, nearly every single public comment from people of Larimer County -- over a thousand in the 10-year process, and at least a hundred in the recent hearings -- supported using the river as the conveyance for water. "This decision not only violates the land use code, it violates the will of the people," said Wockner. "Save The Poudre will stand up for the people of Larimer County and seek a better outcome for the Poudre River and the community." Save The Poudre is also in two lawsuits against the Northern Integrated Supply Project (NISP) -- in the state court of appeals and in federal district court, both in Denver -- in part arguing that NISP should use the river as conveyance for all 40,000 acre feet of its water. The NISP battle has been playing out for 20 years, and may continue for several more. NISP also needs a 1041 permit to run a pipeline across City of Fort Collins Natural Areas, a permit process that hasn't…

June 10, 2024 Poudre River Mitigation and Enhancement Fund  The Cache la Poudre River downstream of Gateway Park in Larimer County is severely degraded and multiple new dam, diversion, and pipeline projects would further degrade it. The current flow regime - peak flows, base flows, and ongoing average flows - is already severely compromised. If all of the dam/diversion projects are built, the degradation will be further compounded. To enhance the ecological and recreational value and uses of the river, and to help address the problems with peak and base flows, a “Poudre River Mitigation and Enhancement Fund” must be established to fund the following types of projects: Establish a "National Water Trail" from Gateway Park to the confluence with the South Platte. Rebuild all diversion structures so that fish can swim upstream and boats can pass downstream. Move diversion points downstream wherever possible so that water can flow farther downstream but still be gravity-fed to established ditches. Develop strategies for water sharing arrangements – including exchanges and trades – between agricultural and municipal users to enhance recreational and environmental uses. Develop a streamflow monitoring system that engages with cities and ditch companies – and the ditch rider – to make sure the river always has a “base flow” adequate for aquatic health, and eliminates dry-ups. Clean the Poudre River – including city stormwater outfalls and agricultural ditch return flows – to allow the river to be used as a conveyance for municipal water and to improve the water quality. Construct “channel enhancement” to narrow the river so that streamflow is deeper and cooler for better health of aquatic life and boating recreation. Re-connect the river to its floodplain to increase the health of the riparian corridor. Improve water quality and natural storage in degraded headwater areas, using nature-based ecological restoration processes. Construct irrigation ditch “pump-up” systems that let water run farther downstream to be pumped back up to the same ditch. Acquire and develop additional water supplies to increase flows in the Cache la Poudre River. We estimate that between $100 million and $200 million is needed to fully establish an ecological healthy and recreationally functional Poudre River and a National Water Trail. (This Fund description is a work in progress as of 6/10/2024 and may be changed.)