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Gary Wockner

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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 founded, will be one of the three people appointed by Save The Poudre (the other 2 have not been chosen yet). Gary Wockner will remain the director of Save The Poudre and continue directing the organization’s programs.

“I am looking forward to working with the Fund Committee to achieve the best outcomes for the health of the Poudre River and the communities that depend upon it,” said Easter, who is an ecologist recently retired from Colorado State University.

“Given the specifics of NISP and our federal court case against it, we strongly believe that this Agreement is the best outcome we could achieve on behalf of our members, the people of northern Colorado, and the Poudre River itself,” said Gary Wockner.

“The Poudre River is smack in the middle of one of the fastest growing areas of the U.S., and it will take hard work, creativity, and a lot of money to keep the Poudre alive,” said Wockner. “This $100 million is a strong step in the right direction, and we encourage other stakeholders and the philanthropic community to help us leverage this money for even bigger improvements to ensure that Fort Collins and northern Colorado will continue to have a river running through it.”

This press release is posted here on our website.

Save The Poudre is represented in this matter by Eubanks & Associates, PLLC: Law for the Public Interest.

***end***

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

We’re in the heat of summer, and the heat of battle to Save The Poudre!

Hello Poudre River Lovers!

Thank you for your support!
We’re in the heat of summer and in the heat of battle to Save The Poudre.


First, we filed suit against the Larimer County Commissioners and the City of Thornton for giving a 1041 permit to the Thornton Pipeline. We’re not thrilled to have to sue the Larimer County Commissioners, but our organization is committed to sound science and logic, and Thornton’s pipeline is a ridiculous idea. Further, almost 100% of Larimer County residents oppose the Thornton Pipeline, as evidenced by the hundreds of comments inserted into the permitting record. Although we are not happy to file the lawsuit, we are proud to support the people of Larimer County.

Throughout the permitting process, we argued that Thornton should “use the Poudre River as the conveyance” for the water rather than put it in a pipeline. Our lawsuit takes it to the wall in state district court in Larimer County.

Second, our lawsuit against the Northern Integrated Supply Project (NISP) and the former Larimer County Commissioners (who gave NISP a permit back in 2020) is now in the Colorado State Court of Appeals in Denver. NISP refuses to consider running their water down the Poudre River, and instead – like Thornton – wants to put the water in a huge pipeline north of Fort Collins. This is, of course, also ridiculous and insane. Using the Poudre River as conveyance for water is cheaper, faster, easier, and more ecologically healthy than draining the water out of the Poudre and putting it in a pipeline. We’re going to fight in state court as long as we can, no matter the outcome, because it’s the right thing to do. We may have to go to the Colorado Supreme Court to fight this battle, so stay tuned.

Third, in January we filed the big lawsuit against the U.S. Army Corps of Engineers for giving a permit to NISP. Once again, the health of the Poudre River was ignored in this permit decision that we believe violates the National Environmental Policy Act and the Clean Water Act.
And again in the federal lawsuit, we argued that NISP should use the Poudre River as the conveyance for the water, instead of putting that water in a huge, expensive, and environmentally destructive pipeline north of Fort Collins through private neighborhoods.

Finally, NISP still needs a permit from the City of Fort Collins to build a massive pipeline across City Natural Areas. This permit process won’t start until the Fall of 2024, 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.

2024 is the 20th year of this fight which could go on for a few more years in the state and federal courts. We are committed to getting the best outcome for the Poudre River that our local community holds dear.

PLEASE KNOW – Your past support has made all of the difference in our ability to fight these battles, and your current and future support is what will keep us fighting.

Every $25 or $50 makes a real difference.  If you can afford $100 or $250 or more, that’s great too! All donations are tax deductible.

Please donate on our website at:
http://www.savethepoudre.org/take-action/donate/

Thank you!

Mark Easter and Gary Wockner
Save The Poudre

PRESS STATEMENT: Save The Poudre Files Lawsuit Against Thornton Pipeline

July 12, 2024
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310

Save The Poudre Files Lawsuit Against Thornton Pipeline

Fort Collins: Today, Save The Poudre filed the lawsuit against the Thornton Pipeline.

The complaint is posted here.

Statement from Save The Poudre: 

  • “We’re not thrilled to have to file this lawsuit, but we are happy to fight for the protection and restoration of every inch of the Cache la Poudre River and stand up for the vast majority of citizens of Larimer County who want Thornton to keep the water in the Poudre.” — Gary Wockner

This press statement is posted here.

**end**

 

PRESS RELEASE: Save The Poudre Will Sue To Stop The 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 begun yet.

Save The Poudre is also waiting for the Army Corps Record of Decision to be released for the City of Fort Collins’ proposed large new dam on the North Fork of the Poudre River (“Halligan”), a project that would also drain more water out of the mainsteam of the Poudre northwest of Fort Collins. In addition, Save The Poudre is keeping a close eye on the City of Greeley’s plans to divert more water out of the mainstem of the Poudre.

“We’ve met with, and communicated with, all of these water providers over the last few years trying to reach a collaborative solution,” said Wockner. “Because they refuse to collaborate, litigation is our only choice and we have absolutely nothing to lose.”

Although it is not part of the current and potential lawsuits, Save The Poudre recently described a “Poudre River Mitigation and Enhancement Fund” that would help address the impacts caused by the four proposed dam/diversion/pipeline projects. Save The Poudre estimates that the Fund would need between $100 million and $200 million to be potentially effective.

This press release is posted here.

***end***

Save The Poudre Describes “Poudre River Mitigation and Enhancement Fund”

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.)

Poudre River Update: Please Comment or Testify Against Thornton’s ZOMBIE Pipeline

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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 Barnett in the Planning Department using this email: barnettjl@co.larimer.co.us, and/or write letters to the Larimer County Commissioners using this email: bocc@larimer.org

Let our Commissioners know exactly how you feel about a destructive pipeline running through our properties, and how the Poudre River Option is the answer to Thornton’s water needs.

Let’s Kill The Zombie Pipeline Again!

Thank you!

PRESS RELEASE: Save The Poudre Opposes House Bill 24-1107, “Judicial Review of Local Land Use Decision”

2/22/2024
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310

Save The Poudre Opposes House Bill 24-1107, “Judicial Review of Local Land Use Decision”

Fort Collins: An extremely dangerous, anti-democratic bill has been introduced into the Colorado State Legislature titled, “Judicial Review of Local Land Use Decision.” HB24-1107 would allow defendants in lawsuits — including developers, quasi-governmental agencies, and local/state govt — to obtain their attorneys fees against plaintiffs — including citizen and non-profit groups — if the defendants won in court in so-called “Rule 106” conflicts.

Forcing local citizen groups and non-profits to pay the attorneys fees of developers and agencies would hamstring the enforcement of local and state laws.

In fact, right now Save The Poudre is in court in a Rule 106 lawsuit against the former Larimer County Commissioners, and Northern Water, for giving a permit to the Northern Integrated Supply Project, a massive proposed dam that would further drain the Poudre River in Fort Collins. Save The Poudre has already lost in district court and is currently in the state court of appeals with the lawsuit. If Save The Poudre was required to pay attorneys fees of defendants Larimer County and Northern Water, it could easily eclipse Save The Poudre’s entire yearly ~$100,000 budget.

“This bill is an extreme pro-developer bill intended to squash public dissent and squash local non-profits fighting to protect the environment,” said Gary Wockner of Save The Poudre. “We strongly encourage the legislature to kill this bill and find ways to raise the voices of citizens instead of trying to change state law to silence dissent.”

HB24-1107 is scheduled to be heard in the House Transportation, Housing, and Local Government Committee at 1:30 on Thursday, February 27th.

***end***

Poudre River Update: A FLURRY of Media Stories About Our Lawsuit Against NISP!

Hi Friends of the Poudre,

We received a wild flurry of media attention about our lawsuit against the Northern Integrated Supply Project.

First, the prominent D.C. publication, The Hill, highlighted our lawsuit to their national audience. We happy to get this national attention for the Poudre River as well as our work to protect it. The Hill noted that we tried to reach a compromise with NISP, but NISP refused, and so we had no choice but to sue them.

You can read The Hill story here.

Second, CBS TV News in Denver ran a wonderful video segment about the lawsuit that interviewed our amazing Board Chair, Mark Easter, who point-blank told CBS that “If we lose the peak flows, we effectively lose the river.” Indeed, NISP is purposely designed to steal the peak flows out of the river which would harm the fish, wildlife, riparian ecosystem, and the new whitewater park in downtown Fort Collins.

You can watch the CBS TV News story here. 

Third, the Colorado Sun broke the story and did a good job (as they always do) highlighting our work to protect the river. The Sun probably does the best work in the state telling water and river stories, and we were happy to work with them to break the story. The Sun reporter, Michael Booth, used to work for the Denver Post many years ago and is the same reporter that put our story on the entire front page of the Denver Post back in 2008. We are always happy to work with Booth to highlight Poudre River stories.

You can read The Colorado Sun story here. 

The story appeared in other publications as well, including the Fort Collins Coloradoan. Unfortunately the Coloradoan put a false title on the story and so we’re not going to share it. The Coloradoan has done a lot of great work in the past highlighting our work and the Poudre River. In fact, we’ve been on the front page of the Coloradoan numerous times over the years, and we look forward to being there again along with headlines that are not false.

WE DO THE WORK AND WE GET PUBLIC ATTENTION!

And, of course, it’s your financial investment in our organization that gets all of this work done.

You can invest in Save The Poudre by clicking here.

Gary Wockner, director, Save The Poudre

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