12/9/2022
For Immediate Release

Contact: Gary Wockner, Save The Poudre, 970-218-8310

NISP Record of Decision Issued; Save The Poudre Says, “We’ll See You In Court”

Fort Collins, CO:  Today, after nearly 20 years, the Army Corps of Engineers issued the 404 Permit and Record of Decision for the proposed $2 billion “Northern Integrated Supply Project” (NISP) near Fort Collins, CO. The permit is posted here: https://www.nwo.usace.army.mil/Media/News-Releases/Article/3241655/us-army-corps-of-engineers-issues-section-404-permit-authorizing-fill-discharge/

Save The Poudre response:

“We’ve fought this river-destroying project for nearly 20 years, girding for this final battle. Our attorneys’ pens are sharpened and we will sue to stop this project and protect the Poudre River as soon as possible. We’ve given the Northern Colorado Water Conservancy District (“Northern”) every chance to find a compromise solution, but instead they’ve chosen to compromise the Cache la Poudre River. Northern proposes to spend $2 billion on a project that has one massive environmental impact in Larimer County — further draining and destroying the Cache la Poudre River through Fort Collins. We are happy to keep a dialogue open with Northern Water as the lawsuit plays out, but for now it’s a court battle they want, and it’s a court battle we will give them.”

Save The Poudre is also in state court against NISP, suing the former Larimer County Commissioners who gave a 1041 permit to NISP. That lawsuit is just beginning its briefing schedule after the beginning of 2023 and will play out in 2023. Federal court battles generally last 2 – 3 years for the first round in federal district court.

–end–

Hi Colorado Environmental Media,

Yesterday, the “Home Builders Association of Metro Denver” and the “Colorado Association of Home Builders” sent a comment letter to the Larimer County Commissioners about the proposed “Thornton Pipeline”. The Home Builders’ letter, pasted in below and posted here, is uninformed, harasses the Commissioners, and is filled with false information.

Statement by Gary Wockner, Director of Save The Poudre:

• “The Home Builders are uninformed and spewing false information to the County Commissioners and the public. It is Thornton, not Larimer County, who is refusing collaborate and delaying the delivery of water. We’ve been in contact with Thornton for 14 years about this issue, and it was Thornton who originally planned to send the water down the Cache la Poudre River, not put it in a pipeline. It is Thornton, not Larimer County, who changed its mind and spent more than a decade and millions of dollars trying to get a permit to build a pipeline in Larimer County. It is Thornton, not Larimer County, who filed a lawsuit, spending more millions of dollars, which further delayed the delivery of water and refused to collaborate.
• In fact, if Thornton simply would’ve collaborated with us and stuck to their original plan and sent the water down the Poudre River — using the River as a conveyance — and then diverted the water in Weld County near Windsor, Thornton would not have even needed a permit in Larimer County and Thornton would’ve had its water 10 years ago.
• We encourage the Home Builders to get their facts straight and stop harassing elected officials and the public in Larimer County.”

I’m happy to chat with any media on the phone about this.

Gary

— Gary Wockner, PhD, Director

Save The Poudre: Poudre Waterkeeper

Author: “River Warrior: Fighting to Protect the World’s Rivers” (2016)
PO Box 20, Fort Collins, CO 80522
http://savethepoudre.org
http://www.facebook.com/SaveThePoudre
https://twitter.com/savethepoudre
970-218-8310

*****************

Home Builders Association of Metro Denver and Colorado Association of Home Builders Comments Letter – Thornton Water Pipeline Project

Morgan Cullen

to kefa…@co.larimer.co.us, kste…@larimer.org, JShadduc…@larimer.org, vol…@co.larimer.co.us, fri…@larimer.org, Ted Leighty, t…@hbacolorado.com

Dear Commissioners Kefalas, Stephens and Shadduck-McNally:

 

I am writing to submit formal comments on the ongoing legal challenges surrounding the Thornton Water Project. These comments are being provided on behalf of the Home Builders Association of Metro Denver and the Colorado Association of Home Builders.

The HBA of Metro Denver represents over 500 homebuilders, developers, remodelers, architects, mortgage lenders, title companies, subcontractors, suppliers, and service providers in the eight metro-area counties we serve. The Colorado Association of Home Builders has over 2,000 members across the state, representing over 40,000 jobs that play a crucial role in providing housing for Coloradoans.

For many years, Colorado has established itself as one of the best places to live, work and raise a family. Colorado has a proud history of communities working together to tackle tough issues, solve problems and improve the prosperity of all its residents through collective reciprocity and regional collaboration. Be it in politics, business or our shared civic responsibilities, we have always prospered because of that reason – We work together.

However, we have grown concerned that this spirit of regional collaboration and problem solving is being threatened over a critical issue in northern Colorado. By refusing to allow Thornton to access the water it has owned for nearly forty-years, Larimer County is impacting the livelihood and ability for families and individuals to live closer to where they work and inadvertently exacerbating Colorado’s housing attainability crisis along the front range.

The HBA of Metro Denver and the Colorado Association of Home Builders has included the attached letter to this email, outlining our concerns regarding these ongoing delays and the need reconcile the situation in an expedited manner. In the spirit of regional cooperation and housing attainability in Colorado, we respectfully request that Larimer County work in earnest with the City of Thornton to come to an agreement on this issue that has gone on for too long.

Thank you for your time and consideration of our concerns.

Sincerely,

Morgan Cullen
Director of Government Affairs

Home Builders Association of Metro Denver

mcu…@hbadenver.com

cell:  303-217-6858

9033 E Easter Place | Suite 200 | Centennial CO  80112

 

 

www.hbadenver.com

National Discounts, Local Member Savings available at

www.nahb.org/savings

 

October 4, 2022
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310

Save The Poudre Promotes “NATURE-BASED SOLUTION” To End Poudre River Dam Fights

Fort Collins: After nearly 20 years of intense battle that has paralyzed water supply planning in Northern Colorado, Save The Poudre has adopted a new United Nations-based model that could both restore the Cache la Poudre River and allow city agencies to meet their water needs.

Called “Nature-Based Solutions”, the model will be a central feature of next week’s United Nations Biodiversity Conference in Montreal (see conference details here). In addition, a new public opinion poll paid for by the Walton Family Foundation indicates that the American public has a strong preference for Nature-Based Solutions to solve environmental problems (see their poll here).

“We are excited to turn the page towards Nature and collaboration in this two-decade long battle to save the Poudre,” said Gary Wockner, director of Save The Poudre. “This United Nations approach that supports working with Nature instead of against it gives everyone involved a path forward.”

Save The Poudre’s plan is to reach out to city water agencies and federal decisionmakers to investigate using federal infrastructure money to use the Poudre River as the conveyance for water (see more details here about using the river as conveyance). To achieve that goal, water treatment plants would need to be built downstream on the Poudre River — likely in Windsor and Greeley —  so that agencies can run water all the way down the Poudre River through Fort Collins before diverting it out for municipal use. Regardless of where water is stored, and regardless of whether the water is stored in above-ground reservoirs or underground aquifers, in the United Nations model all of the water would return to the river and flow downstream to the water treatment plants.

“Using the Poudre River as the conveyance of water is an example of using ‘natural infrastructure’ that restores the river, increases the biological diversity of the river corridor and watershed, makes the river cleaner and healthier for humans and wildlife, helps address climate threats, and creates immense recreational opportunities for boaters and the public from the mouth of Poudre Canyon all the way to Greeley,” said Gary Wockner. “The Walton Family poll revealed that 76% of the American public prefers Nature-Based Solutions that use natural infrastructure.”

The battle on the Poudre began over 20 years ago when Northern Water, the City of Greeley, the City of Fort Collins, and the City of Thornton all proposed new dams, diversions, and pipelines to further drain the Poudre River before it reached Fort Collins. Altogether, the cities’ approach would be a final death blow to the Poudre River, further draining it and turning the river into a muddy, stinking ditch through Fort Collins. Save The Poudre has fought the cities’ plans every step of the way. The Nature-Based Solution approach would allow almost all of the municipal water to flow downstream in the Poudre River through Fort Collins before the water is diverted out in either Windsor or Greeley at water treatment plants and then placed into the cities’ water supply infrastructure.

Save The Poudre is currently in court against Northern Water’s proposed massive dam project called the “Northern Integrated Supply Project” (NISP), and is in court against the City of Thornton’s proposed massive water pipeline project. Save The Poudre will continue and escalate these court battles, and foresees more court battles against NISP, the City of Greeley, and potentially the City of Fort Collins. At the same time, Save The Poudre encourages these cities to change direction and support Nature-Based Solutions and collaboration.

“We’re now reaching out to Northern Water and the cities of Greeley, Fort Collins, and Thornton with our plan to support collaborative Nature-Based Solutions that use the Poudre River as the natural infrastructure for conveyance of water,” said Wockner. “Our next steps will reach out to federal decisionmakers about using federal infrastructure money that will create a United Nations-based approach here in Northern Colorado that sets up the region as a leader of environmental conflict management.”

Save The Poudre will soon make a video to describe and explain the new Nature-Based Solution plan.

This press release is posted here.

***end***

July 1, 2021
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310

Fort Collins Planning and Zoning Commission “DISAPPROVES” NISP Pipeline

Fort Collins: Last night, after three hours of testimony and deliberation, the Fort Collins Planning & Zoning Commission voted 3 – 2 to “Disapprove” the Northern Integrated Supply Project’s (NISP) Site Plan Advisory Review (SPAR) application.  NISP proposes to build a massive pipeline across city-owned and protected Natural Areas, and divert over 4 billion gallons of water per year out of the Poudre River, both on the eastern side of Fort Collins.

“We’re pleased with the Planning Commission’s vote,” said Gary Wockner of Save The Poudre. “NISP has no right to march into Fort Collins and cause huge damage to much-loved Natural Areas along the Poudre River that were bought and protected by and for the people of Fort Collins.”

With the Commission’s disapproval now hanging over NISP, the entire project and its convoluted 18-year history is increasingly in limbo. The Commission’s disapproval adds to the City’s formal “opposition” to NISP that was codified by the City Council in a resolution on Aug. 4, 2020.  Further, Save The Poudre has multiple active lawsuits against NISP, including challenging the use of SPAR in the City of Fort Collins. At this point, it’s unclear what the NISP directors will do about the disapproval, and it’s unclear how the courts will rule on Save The Poudre’s lawsuit.

“We will fight to stop NISP as long as it takes,” said Wockner. “The people of Fort Collins have been extremely supportive and generous — they’ve given us their marching orders to protect the Poudre River and we are fighting on every front.”

Save The Poudre put comments into the SPAR process and testified at last night’s hearing.

(This press release is posted here.)

***end***

 

 

June 10, 2021
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310

Save The Poudre Sues to Stop NISP Damage on Fort Collins Natural Areas

Fort Collins: Yesterday, Save The Poudre filed a lawsuit in state district court in Larimer County against the Northern Integrated Supply Project’s (“NISP”) attempt to use the SPAR (Site Plan Advisory Review) process for placing a diversion structure, pump station, and massive pipeline across City of Fort Collins’ Natural Areas (the lawsuit is posted here).

The City Land Use Code makes perfectly clear that SPAR can only be used if NISP “owns or operates” the City Natural Area property, which NISP does not.  Further, City Manager Darin Atteberry sent a memo to the City Council on April 16, 2020, telling the Council that NISP had to buy the land, negotiate an easement, or condemn the Natural Areas by eminent domain in order to build the project, but NISP has not done any of those things (the memo is posted here).

“We’re proud to stand up and defend the citizen-owned Natural Areas,” said Gary Wockner of Save The Poudre. “If the whole Hughes Stadium issue taught the City government anything, it’s that the people of Fort Collins want their Natural Areas to be protected, restored, and enhanced, not degraded and diminished.”

The City staff has scheduled a hearing at the Planning and Zoning Commission for NISP on June 30th. Save The Poudre in turn filed a “temporary restraining order” with the court against the City to stop the Commission hearing. Save The Poudre alleges that the City is not enforcing its own land use code and is letting NISP skate by with a bogus review process instead of forcing NISP through a rigorous permit application that must require the review of the full City Council.

NISP would drain water out of Natural Areas along the Poudre River throughout Fort Collins, thereby draining wetlands, drying up the riparian forest, and diminishing wildlife habitat. Homestead Natural Area, Kingfisher Natural Area, and Riverbend Ponds Natural Area would be further degraded by the construction of a water diversion structure, pump station, and massive pipeline.

“NISP is a massively damaging project that would degrade and destroy City-owned Natural Areas that were bought and paid for by City ratepayers and taxpayers. The people of Fort Collins love their Natural Areas and we are excited to stand up and defend the citizens and their property against this environmentally destructive project,” said Wockner.

Save The Poudre is joined in the lawsuit with No Pipe Dream Corporation.

***end***

 

Hi Poudre River Lovers!

It’s your support that keeps us working hard — thank you, and please click here to donate!

Here’s the updates about the Poudre River you need to know.

First, today, Save The Poudre released a short report about “Cleaning the Poudre River so it can be used as a conveyance for water supply”. The report is posted here.

A background summary: Both the Thornton Pipeline and NISP claim they can’t run all of their water rights down the Poudre River through Fort Collins because the water quality in the river is too dirty due to the City’s stormwater runoff. While that may, or may not, be true, there are engineering solutions that can “clean” stormwater before it runs into the Poudre. These solutions are cost-effective, environmentally sound, and proven in other municipalities around the U.S.

We consulted with AbTech Industries (https://www.abtechindustries.com/) to provide some estimates of technologies and costs for cleaning the City’s stormwater before it runs into the Poudre. Our report, as well as AbTech’s website, provide lots of examples and photographs for you to consider.

Long-story short — all water providers can use the Poudre River as a conveyance, which would provide the following benefits:

• Increase quality-of-life for City and County residents,
• Preservation of the environment and natural habitat along the Poudre River corridor,
• Maintaining or increasing flows for recreation including at the new downtown Fort Collins Whitewater Park,
• Increase water quality and cleanliness in the Poudre River.

Save The Poudre is requesting that the County and City convene a “Working Group” to examine cleaning the Poudre River so it can be used as a conveyance for water supply.

Second, last week the City of Fort Collins informed NISP that their Site Plan Advisory Review (SPAR) application is “not complete”. Specifically, NISP has failed to describe how their proposal will impact flooding along the Poudre River in Fort Collins. We are continuing to closely monitor this application and process. As we’ve noted before, we strongly believe that SPAR is an illegal use for NISP, and that the City should require a full development review of NISP that covers ALL OF THE DAMAGE NISP would cause to Fort Collins’ Natural Areas. The City has so-far refused to change direction, although they are investigating creating “1041 powers” for NISP. At this time, Save The Poudre is still in strong opposition to the City’s approach.

Third, the Thornton Pipeline continues to suffer serious setbacks, which is good! Last week, the Weld County Commissioners voted unanimously to “deny” Thornton’s 1041 application for their pipeline. Where this will all end, we don’t know, but we continue to intervene in the court case against the Thornton Pipeline, and we continue to work to require Thornton to send their water down the Poudre River through Fort Collins.

Thank you for your support. Again you can donate online by clicking here.

Stay tuned for all the action!

Gary Wockner
Director, Save The Poudre

For Immediate Release
January 18, 2021

Contact: Gary Wockner, Save The Poudre, 970-218-8310

Save The Poudre Sues Larimer County Over NISP Decision

Fort Collins: Last week, one day before the new Larimer County Commissioners were sworn in, Save The Poudre and co-plaintiffs No Pipe Dream and Save Rural NoCo served Larimer County with a lawsuit alleging that:

• First, Commissioners Donnelly and Johnson had publicly advocated for NISP for a decade, and thus they were biased and should not have participated in, or voted on, the NISP 1041 permit. That bias violates both the Larimer County land use code and the Colorado Constitution which requires “unbiased” decision-making on 1041 permits.
• Second, the decision by the two-member majority of the Commission (Donnelly and Johnson) to give NISP a permit violated multiple criteria of the Larimer County land use code.

The lawsuit is posted here.

Larimer County Commissioner John Kefalas, who was appointed to be “Chair” of the Commission the day after Save The Poudre served the lawsuit, voted against the permit. Further, the new Commission – including Kefalas and newly elected Commissioners Kristin Stephens and Jody Shadduck-McNally – will now manage the County’s response to the lawsuit.

“We are suing Larimer County because Donnelly and Johnson should not have participated in, or voted on, the NISP permit, as well as their final illegal ruling to approve the NISP 1041 permit,” said Gary Wockner of Save The Poudre.

Similar to a change of administrations when a new President gets elected, as is occurring right now in the U.S., the new Larimer County Commission has many options for how it can handle the illegal actions and decisions of the previous Commissioners as well as lawsuits against the County.

“We call on this new Larimer County Commission to reconsider the illegal actions and decisions of the previous Commission,” continued Wockner. “NISP would be the biggest and most environmentally damaging project in Larimer County history, and throughout the County permitting process over 90% of public comments opposed NISP.”

This press release is posted here.

***

November 4, 2020
For Immediate Release
Contact Gary Wockner, 970-218-8310, Save The Poudre

Save The Poudre Will Sue To Overturn Larimer County’s Biased NISP Decision

Fort Collins: Today the Larimer County Commission finalized its “Findings and Resolution (posted here)” (“F & R”) for the 1041 permit for the Northern Integrated Supply Project (NISP). On a 2 – 1 vote, the F & R was ratified by biased, lame-duck Commissioners Tom Donnelly and Steve Johnson, with Commissioner John Kefalas opposed.

Also today, Save The Poudre directed its legal team to accelerate the legal battle against Larimer County to overturn this illegal and biased decision by these two commissioners.

First, Save The Poudre will continue pursuing its lawsuit against Commissioners Donnelly and Johnson, arguing their bias in the decision process. In violation of the Larimer County Land Use Code and Colorado Constitution, both Donnelly and Johnson voted on the NISP permit — a quasi-judicial decision process — when they had already and repeatedly stated their biased support for NISP.

Second, Save The Poudre will soon be filing a new lawsuit against the County, arguing that the County’s 1041 permit for NISP violates the Larimer County Land Use Code on multiple grounds.

Third, in the coming weeks and months, Save The Poudre will seek all available remedies to overturn the County’s illegal and biased NISP decision.

“NISP would drain and destroy the Cache la Poudre River through Fort Collins, and is thus the most disastrous and environmentally destructive project in Larimer County history. Any decision about NISP should reflect the future of the County, not the past,” said Gary Wockner, director of Save The Poudre. “We will do everything possible to overturn this illegal, biased decision by these two lame-duck commissioners.”

***end***

September 2, 2020
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310

Save The Poudre Will Sue To Overturn Illegal Larimer County Permit For NISP

Fort Collins, CO: Tonight after 17 years, the Larimer County Commissioners voted 2 – 1 to “approve” the 1041 application for the Northern Integrated Supply Project (NISP). The Commissioners’ vote defies over 95% of public comments opposing NISP and requesting a denial, and defies all the science and scientists engaged around the Poudre River weighing in against NISP. Further and most importantly, the vote occurred under clear and compelling evidence that the application violated the Larimer County Land Use Code.

Further yet, the two Commissioners who voted for the project — Johnson and Donnelly — had already been asked to recuse themselves, and were sued when they refused to recuse themselves, because they had publicly and loudly supported the project for at least a decade while sitting as elected Larimer County Commissioners. (The court ruled that the lawsuit should take place after tonight’s vote.) Both the Larimer County Land Use Code and the Colorado Constitution require that County Commissioners sit in a “quasi-judicial” position (as judges) during 1041 permit process and are thus not allowed to publicly take a position about a project.

Commissioner John Kefalas voted to deny the permit.

“The Poudre River will be irrevocably damaged if NISP is built,” said Gary Wockner. “In addition, the Commissioners were given clear evidence that the NISP application violates the land use code, including several of the 12 criteria, and as such this application absolutely should have been denied.”

“Further,” continued Wockner, “it’s also clear that Commissioners Johnson and Donnelly should not have voted at all, because doing so violated the Colorado Constitution as well as the Larimer County Land Use Code, given their prejudice and bias in favor of the project over the past decade.”

“Finally, because it violates the land use code, this decision to throw the public, the science, and the Poudre River under the bus is subject to ‘judicial review’,” said Wockner, “and as such, we fully expect to challenge this illegal decision in state district court as soon as possible.”

This press release is posted here.

***end***

-- 
Gary Wockner, PhD, Director 
Save The Poudre: Poudre Waterkeeper
Author: "River Warrior: Fighting to Protect the World's Rivers" (2016)
PO Box 20, Fort Collins, CO 80522
http://savethepoudre.org
http://www.facebook.com/SaveThePoudre
Tweets by SaveThePoudre
970-218-8310