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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.

***

Poudre River Update: 2024 Will Be Our 20th Year, and We Will Have A Big Announcement!

Hi Friends of the Poudre River!

What an adventure this has been! To keep the most amazing river in Colorado alive, beautiful, and flowing through Fort Collins,  we started Save The Poudre in 2004. Next year, 2024, will be our 20th year. Throughout that time, we’ve gotten quite an education in water, politics, money, and power in the state of Colorado.

We started Save The Poudre in 2004 to fight the massive proposed dam, the “Northern Integrated Supply Project” (NISP). As the director of Save The Poudre, I’ve had some crazy experiences fighting this massive dam project. I’ve been called into the offices of U.S.  Senators, Governors, Members of Congress, State Senators and State Representatives, County Commissioners, and City Councilmembers, all of whom has asked me to “compromise” and let NISP be built. I’ve had rich and powerful people ask me to compromise. In public meetings, in the newspaper, and in person, I’ve been called just about every name in the book, from “radical” to “eco-terrorist.”

My response has always been the same — the Poudre River is already severely compromised and NISP would make it worse by damming and draining the river, turning it into a muddy stinking ditch through Fort Collins. There’s nothing “radical” about trying to keep a river alive. In fact, saving a river is a sane, reasonable, sustainable response to the chaos in the world around us.

For 20 years, we have not blinked.  For 20 years, not one ounce of river-destruction concrete has been poured into the Poudre River. For 20 years, NISP has not been built. TWENTY YEARS!

In 2004 when we started fighting NISP, the project was estimated to cost $146.9 million; now it’s estimated to cost $2.25 BILLION. We are fighting the POWER and MONEY and THE POLITICAL MACHINE in northern Colorado and all the craziness that goes along with it.

And it is solely your support that keeps our organization alive and moving forward. It is solely your support that keeps us focusing on the health of the Poudre River. It is solely your support that keeps us not blinking.

We are simply trying to keep this amazing river alive — for you, for future generations of people, and for all of the non-human critters that depend on the Poudre River for survival.

In early 2024, we will have a BIG ANNOUNCEMENT. Rest assured, it is SOLELY YOUR SUPPORT that will make this announcement possible.

Please help us Save The Poudre and race into our 20th year by making a generous, tax-deductible, year-end donation today.

THANK YOU FOR YOUR SUPPORT!

You can donate online by clicking here.

— Gary Wockner

 

PRESS RELEASE: U.S. EPA Invites Massive Loan to Bail Out Poudre River Dam Boondoggle

11/28/2023
For Immediate Release
Contact: Gary Wockner, Save The Poudre, 970-218-8310

Fort Collins, CO: Yesterday, Save The Poudre was informed that the U.S. Environmental Protection Agency (EPA) has “invited” the Northern Integrated Supply Project (NISP) to apply for a massive loan of U.S. taxpayer money to try and bail out the $2.25 billion NISP boondoggle (see page 4 on the EPA’s website here). NISP — the massive proposed Poudre River dam project  which has limped along for 20 years in permitting and in court — was originally proposed to cost $140 million in 2004, and now is proposed to cost $2.25 billion (see our previous press release here about the cost of NISP).

Two years ago, NISP sent a “letter of interest” to the EPA, asking for a $484 million loan from the U.S. taxpayer through the EPA’s “Water Infrastructure Finance and Innovation Act” (WIFIA) program to bailout the project.  After NISP sent its letter of interest, Save The Poudre sent lengthy comments to the EPA about how the project should not receive a taxpayer loan (our comment letter to EPA is posted here). The EPA completely ignored Save The Poudre’s comments and has now invited NISP to apply for a loan.

“As our comments made clear, the EPA should be investigating NISP for the criminal violation of lying in its letter of interest, not asking NISP to apply for a loan,” said Gary Wockner of Save The Poudre. “NISP purposely used ‘falsification and misrepresentation’ in its letter about the environmental impacts of NISP which is a criminal violation.”

In addition to ignoring Save The Poudre’s comments, the EPA has also ignored the City of Fort Collins. As our 12/4/2021 press release points out, the City of Fort Collins has grave concerns about the impact of NISP on the Poudre River’s water quality and the City’s Natural Areas. To this day, the Fort Collins City Council has voted to be 100% opposed to NISP.

“If the Biden Administration moves this loan forward, they will have effectively turned the EPA into the ‘Environmental Destruction Agency,'” said Wockner. “NISP is lying to the federal government to try and get taxpayer money to bailout a massive river-destruction scheme which violates every ethical standard of the WIFIA program and what the EPA should be doing.”

This press release is posed here.

***end***

PRESS RELEASE: Fort Collins Refuses To Implement Water Conservation Measures To Save Ratepayers’ Money

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

Fort Collins Refuses To Implement Water Conservation Measures To Save Ratepayers’ Money
Legal Battle Over Massive Halligan Dam Looms

Fort Collins, CO: Today, Save The Poudre sent its comments on the Final Environmental Impact Statement (FEIS) for the proposed massive new Halligan Dam on the North Fork of the Poudre River to the U.S. Army Corps of Engineers. The massive new dam is proposed to be built by the City of Fort Collins Water Utility to meet so-called “drought protection”.

Save The Poudre’s comments are posted here.

Specifically, Save The Poudre points out in its comments:

  1. The City and the Army Corps completely fail to provide a cost comparison of the alternatives which makes the FEIS meaningless.
  2. The City Water Utility completely fails to discuss water conservation measures that would replace the need for the over $300 million new dam.
  3. The City Water Utility’s water use has been going down, not up, for the last 20 years, but the FEIS relies on water-use data that is now 10 years old while predicting that the higher 10-year old water use will persist for the next 25 years.
  4. The City Water Utility claims it needs more water to also lease water to farmers in northern Larimer County, but completely ignores the fact that the Utility’ charter is legally disallowed from raising rates on ratepayers to serve water to farmers outside the Utility boundary.

“Nearly 20 years ago when this big dumb dam project was supposed to only cost $35 million, I stood in front of the City Council and told them that water conservation was faster, easier, cheaper, and more environmentally sustainable than a massive new dam,” said Gary Wockner of Save The Poudre. “Now here we are two decades later when the cost of the dam is 10 times higher and the City still refuses to implement aggressive water conservation.”

“This project is an extreme waste of ratepayers’ money, and the Environmental Impact Statement appears to violate the National Environmental Policy Act and the Clean Water Act,” said Wockner. “We urge the Corps to deny the permit and force the City to implement aggressive water conservation.”

***end***

 

Poudre River Update: We’re Back in Court Against NISP!

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!

PRESS RELEASE: Life or Death of the Cache la Poudre River May Escalate to Colorado Supreme Court

9/15/2023
For Immediate Release
Contact: Gary Wockner, 970-218-8310, gary.wockner@savethepoudre.org

Life or Death of the Cache la Poudre River May Escalate to Colorado Supreme Court

Cache la Poudre River, CO: Yesterday, a state district court in Larimer County, CO, ruled against considering the “Poudre River Option” as a conveyance for delivering water downstream to water users, and instead supported a massive 6-foot diameter pipeline that would drain an additional 13 billion gallons of water/year out of the Poudre River before the River reaches Fort Collins.

The court’s decision is posted here.

The ruling sided with former Larimer County Commissioners who supported a 1041 permit for the Northern Integrated Supply Project (NISP) in an October 2020 decision. The ruling didn’t just dismiss the Poudre River Option but completely neglected to discuss it although the lawsuit brought by Save The Poudre, as well as Save The Poudre’s engagement in the permit process back in 2020, extensively argued in support of using the River as the conveyance for water.

Save The Poudre’s response brief in the lawsuit, arguing extensively for the Poudre River Option, is posted here (see pages 19 – 26).

“NISP wants to take 13 billion gallons of water out of the Poudre River every year and put that water in a pipeline that runs near the River and then crosses the River miles downstream near Windsor,” said Gary Wockner of Save The Poudre. “Using the River as the conveyance for this water, rather than a massive pipeline, is a common-sense compromise that protects the Poudre River as well as saves hundreds of millions of dollars on pipeline costs.”

Both NISP and a parallel project, the Thornton Pipeline, propose to divert Poudre River water into massive pipelines upstream of Fort Collin rather than use the river as a conveyance to get the water downstream. The Thornton Pipeline expects to put in a new application to Larimer County in the coming weeks, while NISP likely faces more court battles as Save The Poudre considers its options for appeal. Further, NISP faces a potential court battle over a permit from the Army Corps of Engineers, and NISP needs a permit from the City of Fort Collins.

See the image above, as well as page 3 of the court’s ruling, which depicts how NISP would divert a massive amount of water out of the Poudre River into the proposed Glade Reservoir, and then put that water in the “NISP Delivery Pipeline” that would run across Larimer County north of the Poudre River, and then run all the way down along I-25 to Windsor where it would cross the Poudre River.

“We believe that the state’s highest court may need to decide, once and for all, whether the Poudre River lives or dies,” said Wockner. “We are considering our options to appeal this district court decision because Nature created a perfectly good pipeline that runs all the way through Fort Collins and Larimer County — Nature’s pipeline is called the “Cache la Poudre River.”

This press release is posted here.

***end***

 

 

Poudre River Update: The Cost of NISP

Hi Friends of the Poudre River,

On January 12, 2023, we sent a Colorado Open Records Act request to Northern Water to find out the cost of NISP. Northern responded on January 17, 2023. NISP had ballooned to $2.25 billion according to the spreadsheet Northern Water sent us.

See the spreadsheet by clicking here.

We then calculated the cost per participant, below:

Participant                                                    Acre Feet                     %of Project                 Total Cost

Central Weld Co. W.D.                               3,500 8.75% $             196,866,337.50
Dacono                               1,250 3.13% $               70,309,406.25
Eaton                               1,300 3.25% $               73,121,782.50
Erie                               6,500 16.25% $             365,608,912.50
Evans                               1,200 3.00% $               67,497,030.00
Firestone                               1,300 3.25% $               73,121,782.50
Fort Collins-Loveland. W.D.                               3,400 8.50% $             191,241,585.00
Fort Lupton                               2,050 5.13% $             115,307,426.25
Fort Morgan                               3,600 9.00% $             202,491,090.00
Frederick                               2,600 6.50% $             146,243,565.00
Lafayette                               1,800 4.50% $             101,245,545.00
Lefthand W.D.                               4,900 12.25% $             275,612,872.50
Morgan County Q.W.D.                               1,300 3.25% $               73,121,782.50
Severance                               2,000 5.00% $             112,495,050.00
Windsor                               3,300 8.25% $             185,616,832.50
Total                             40,000 100.00% $               2,249,901,000

Poudre River Update: We’re Suing in Court, Fighting for Better Regulations, and Countering the Lies and Propaganda!

Hi Poudre River Lovers!

THANK YOU FOR YOUR SUPPORT. YOU CAN DONATE ONLINE BY CLICKING HERE.

We’re aggressively working to protect and restore the Cache la Poudre River by suing in court, fighting for better regulations, and countering the lies and propaganda.

First, we are actively in the ‘briefing’ schedule in our state district court case against the proposed, massive, river-destroying reservoir called the “Northern Integrated Supply Project” (NISP). Recall, the former Larimer County Commissioners, Steve Johnson and Tom Donnelly, gave a permit to NISP over 2 years ago and we immediately sued the County.

That case is playing out in court and we may have a decision by the district court judge in the next 6 months. We’re arguing tenaciously that NISP would irreparably damage the Poudre River by diverting so much water out of the river through Fort Collins. Win, lose, or draw, we will keep fighting and take the case all the way to the Colorado Supreme Court if we have to!

We’re also continuing to prepare our lawsuit against the U.S. Army Corps of Engineers for giving a permit to NISP. That case will play out in federal court in Denver, and who knows, the Poudre River may get its day in court with the U.S. Supreme Court in Washington D.C. as well.

Second, the Fort Collins City Council recently considered new “1041 regulations” that would be required of NISP, and we testified to the Council to make sure the regulations are as strong as possible. Recall, the City has voted to “OPPOSE NISP”, which was great news two years ago, and we are keeping the river’s health front and center in the minds and eyes of the City Council. NISP would further degrade the Poudre River through Fort Collins as well as partially ruin the new $20 million Whitewater Park by removing so much water out of the river. We will do everything we can to protect the river in Fort Collins and get as strong of regulations from the City as possible.

Finally, at that same Fort Collins City Council meeting on Feb. 8th, proponents of NISP stood up and told their tired, false story about how they think NISP would “improve the health of the Poudre River”. This propaganda is ridiculous, and we continue to confront it at every turn. Take a look here on our Facebook page (click here to read it) for our rebuttal to this propaganda. NISP has one single purpose — to drain the river before it reaches Fort Collins and send the Poudre’s precious water out to sprawling towns mostly in Weld County. We will counter the lies and propaganda at every turn.

Thank you for your support!  It’s your support that keeps us in court, keeps us testifying, and keeps us rebutting the propaganda.

You can donate online by clicking here.

Gary Wockner and Mark Easter, Save The Poudre

Poudre River Update: Save The Poudre Will Sue The Army Corps To Stop NISP

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

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

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–

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