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!

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

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!

Hi Amazing Poudre River Lovers!

We all knew this day would come, and come it has. Last Friday, the U.S. Army Corps of Engineers sent out a press release saying they had signed the Record of Decision and 404 Permit for the Northern Integrated Supply Project (NISP). As we always do, we jumped into action to learn as much as possible and stay on top of the swirl of media. We had quotes in stories in the Denver Post and Colorado Sun over the weekend, and more are coming.

While one phase of the battle to save the Poudre has almost ended, another begins. We will soon have two active lawsuits against NISP: 1) against the former Larimer County Commissioners who gave a permit to NISP. This lawsuit will play out in 2023. And 2) against the U.S. Army Corps of Engineers for giving a permit to NISP. We will file that lawsuit against the Army Corps in the coming weeks as soon as we are able to read and analyze the permit. This federal permit court fight could take 2 to 3 years in federal district in Denver.

In both lawsuits, we are thrilled to have a Great Legal Team. Further, our attorneys have their minds and pens ready as the briefing schedules play out. We have worked with them for years preparing for this day and for the next year. Further, NISP still needs a 1041 permit from the City of Fort Collins which is a whole different permitting process and arena, and we are 100% engaged in this Fort Collins permit as well which could take another year to play out.

Here’s what we know in our hearts — the Cache la Poudre River is the heart and soul of Fort Collins, and the people of Fort Collins want the river protected and increasingly restored. YOU have given us our marching orders and we intend to march into court to make sure the Poudre River gets its day in court. At the same time, we continue to communicate with anyone who will listen — NISP, Fort Collins, Greeley, Thornton, Larimer County — about finding some sort of solution that meets everyone’s needs, not just the narrow needs of water suppliers. We are working on every level to protect and restore the Poudre, and 2023 will be busier than ever.

YOUR SUPPORT IS WHAT WILL KEEP US CHARGING FORWARD IN 2023!

You can donate online by clicking here.

THANK YOU FOR YOUR SUPPORT

Gary Wockner, Mark Easter, and the STP Board/Team

Hello Poudre River Lovers! Thank you for your support!

We are pushing hard on every single lever to protect and restore the Cache la Poudre River.

First, we WON in court against the City of Thornton, and now we’re making news about it on the Front Page of the Denver Post!

For 12 years, we’ve been telling the City of Thornton they should send their water down the Poudre River, all the way through Fort Collins, before taking it out near Windsor. And for 12 years, Thornton has refused to do so.

Now the media is really starting to take notice. The Denver Post, Colorado Sun, Fort Collins Coloradoan, and other publications are all writing about the debacle Thornton has tangled itself in, and writing about our simple solution to untangle them: RUN THE WATER DOWN THE POUDRE!

Further yet, we’ve now expanded the concept to include the Northern Integrated Supply Project (NISP), the City of Greeley’s proposed storage project, and the City of Fort Collins’ proposed expansion of Halligan Reservoir.

All of these municipalities should use the “river as the conveyance” for their water rather than building massive pipelines that take the water out of the river.

The river is “natural infrastructure,” and using the river as conveyance is a “Nature-Based Solution” to these water supply problems. Further yet, our concept of using Nature-Based Solutions is resonating across the U.S. and the planet. At COP27 recently in Cairo, Egypt, the Asst Secretary for the U.S. State Dept., Monica Medina, spoke about “Nature-Based Solutions” for climate change and environmental problems.

We’ve reached out to all of the stakeholders who are trying to build new projects on the Poudre including Larimer County, the City of Fort Collins, the City of Greeley, the City of Thornton, and Northern Water to begin discussions about using the river as the conveyance for the water.

Further, we are reaching out to our federal elected officials including Senators Bennet and Hickenlooper, and Congressman Neguse, to discuss the concept. We’ve also reached out to the Biden Administrations’ U.S. EPA.

If the status quo continues – which includes building multiple dams and pipelines – the river through Fort Collins will be increasingly drained. We believe we owe it to the people of Fort Collins and Larimer County, as well as to the river itself, to try to negotiate a better outcome. Over $2 billion dollars is proposed to be spent by the municipal water agencies to build dams and pipelines designed to get the water out of the Poudre River before it reaches Fort Collins. We’re working to change that trajectory.

While we attempt to negotiate, we’re also keeping our foot on the pedal of law enforcement! Recall that we sued the former Larimer County Commissioners for giving a permit for NISP, and that lawsuit is still playing out in state court in Larimer County. We believe we have a strong case and our legal team is fighting hard to get the best outcome. If the Army Corps gives a permit to NISP, we will also likely sue the Corps.

Finally, we continue to be engaged in the preparation of the City of Fort Collins’ new “1041 regulations” that will apply to NISP. We’ve provided many comments to the Council and the staff, and we are waiting for a final draft that will be on the City Council agenda in early 2023. These regs are very important to protect the Poudre River as well as the Natural Areas all the way through Fort Collins.

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. We’ve been girding for this legal action for 19 years.

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 for your support!