Thanks to you, our lawyer joins others to present against NISP on June 24!
Keep the Poudre River Flowing
STOP THORNTON'S PIPE DREAM
RECENT AND UPCOMING ACTIONS
NISP Planning Commissioners' Hearing
Wed. June 24, 6 pm
Video available at:
YouTube: https://www.youtube.com/watch?v=zKUrVCNPsIw
---------------------------------
The Larimer County Planning Commission heard details of plans for constructing and operating the NISP project, which included building Glade Reservoir northwest of Fort Collins and laying 35.6 miles of pipeline to carry water out of the county.
There was no public testimony at this hearing. Input will be accepted at the July 8 hearing (see below).
July 8 Public Testimony Hearing:
Watch our attorney Mike Foote team up with the SaveRuralNoCo and Save the Poudre attorneys in a 12-minute presentation on why NISP is a bad idea for Northern Colorado. No Pipe Dream Corp, along with Save the Poudre and Save Rural NoCo will review key points in their submitted a 50+ page letter plus exhibits.
- Our efforts are paying off! This 3-organization letter requested two members of the Planning Commission to recuse themselves, because of stated and potential bias in favor of the NISP proposal. We are happy to report that Sean Daugherty and Jeff Jensen will not take part in the Planning Commission NISP process! More details on hearing below.
- If you can help us fund this project, please Click to Donate. We have a NEW fundraising goal of $30,000. Please contribute! We use your donated dollars wisely by sharing legal costs with Save Rural NoCo and Save the Poudre whenever possible. Being in both fights (Thornton and NISP) demands funds! Please give what you can! Everything helps. THANK YOU!
- Updates on the Thornton/County lawsuit and NISP project below.
Recent Actions & Events
Our Fight
Our fight is dual-purposed: Our mission is to avoid pipelines through northern Fort Collins' neighborhoods and influence the City of Thornton to do the right thing by all Fort Collins residents: LEAVE THEIR WATER IN THE POUDRE RIVER. Commissioners rejected Thornton's 1041 application for a northern pipeline route - a victory for us. Thornton has sued the County yet no major decisions have been made. We are also fighting a second pipeline proposed by NISP, making it a "two-front" fight.
Recent Actions
NISP Hearing has been set for June 24. See sidebar.
As you know, No Pipe Dream has officially joined other grassroots organizations, such as Save the Poudre and Save Rural NoCo, in opposing NISP. It brings more pipelines, more destruction of natural lands and more taking of private lands for a water project that would tax the Poudre River. Once again, it's a water project that does not benefit the citizens of Larimer County. Email your concerns on both of these pipeline projects to the commissioners at: bocc@larimer.org.
*Thornton Lawsuit Updates*
- The lawsuit is progressing, and opening briefs by the County, NPD, and Save the Poudre are now due June 1st rather than May 15th as Larimer County has asked for an extension.
- Thornton filed its opening brief on February 27, 2020. This appears to mostly be a re-statement of their revised permit application and what they have already asserted. Eagle Lake and Eagle Lake and WSSC filed amicus briefs with appearance in support of Thornton. Opening Briefs of Larimer County and the intervenors, NPD Corp. and Save the Poudre, are now due on June 12, 2020 as the County asked for an extension and we followed suit. NPD's lawyer recently voiced our concern over Thornton already beginning pipeline construction along I25 south.
January 2020
NPD Board Votes to Oppose NISP
While Thornton has intentionally delayed the progress of their lawsuit against Larimer County regarding the Thornton Water Project, the lull has given No Pipe Dream the time to scrutinize the impacts of NISP, which is slated to come before the Larimer County Commissioners this spring. The No Pipe Dream Board voted unanimously on January 30, 2020 to oppose the Northern Integrated Supply Project (NISP).
The vote reflected No Pipe Dream’s intentions to work with other like-minded organizations to stop what will be the most damaging environmental project in Larimer County’s history, if approved by the Larimer County Board of Commissioners.
Why did we decide to oppose NISP?
- Potential harm to residents’ property values
- Effect on quality of life for those living near the project and all of Larimer County
These were the Board’s prime reasons for opposing the three phase project, proposed to include a new Glade Reservoir, a pipeline from the reservoir and the relocation of US287.
Other reasons include:
- Most of the water is not for LC, it goes elsewhere
- The pipeline itself is proposed for a route that shares similarities with the Thornton Water Project, denied by the Larimer County Commissioners
The NISP partners/beneficiaries include 15 small towns and water districts that want water to grow rooftops. Only one NISP partner is in Larimer County; the other 14 are in Weld County.
We must launch a campaign NOW to fight NISP. Are you with us?
In the case of NISP, two Larimer County Commissioners are already on record for their stated enthusiasm for the monumental project. So, we have our work cut out for us, in order for the public to be fairly heard in the county hearings for the three separate 1041 applications (the reservoir, pipeline and relocation of US287). Considering the size of the three applications, the process won’t run for just months, but more likely years.
As before, your contributions will be essential in retaining No Pipe Dream’s excellent legal representation throughout the entire process. Please consider renewing your support for No Pipe Dream, as we start this next effort.
***Updated Court Dates for Thornton's Lawsuit, 2020***
Thornton's Opening Brief due: 1/29/2020
NPD (and County's) Response Brief due: 3/4/2020
Thornton Reply brief due: 3/19/2020
These are not public hearings, FYI.
Fall, 2019
Water Supply and Storage's motion to intervene is accepted.
WSSC owns several reservoirs in north Fort Collins, with Thornton owning about 48% of the shares.
August 31, 2019
District court judge approves Eagle Lake neighborhood's motion to intervene. Historically, Eagle Lake has voiced a preference for a pipeline down Douglas Road rather than leaving the water in the Poudre. Their amicus brief is due on November 15, 2019.
July 14, 2019
Despite Thornton's opposition, the district court judge has APPROVED our motion to intervene on the lawsuit! Judge Juan Villasenor presented sound arguments in support of No Pipe Dream intervening in Thornton's lawsuit against Larimer County. Thornton argued we did not have any legal standing in the case. He cited federal courts that recognize the concept of "piggyback" standing. He recognized that injury to our members--if the pipeline goes through--is sufficient to confer standing. In the same order, he also granted Save the Poudre's request to intervene.
What does this mean? It means that No Pipe Dream's lawyer has a seat at the table! Thornton and Larimer County cannot negotiate behind closed doors without our lawyer present. He will represent us and our interests and make sure they are considered when determining the outcome of the lawsuit. This is a big WIN!
June 10, 2019
No Pipe Dream files its motion to intervene in Thornton’s lawsuit to overturn Larimer County’s denial of the Thornton Water Project. This gives our lawyer a seat at the table. He will remind Larimer County and Thornton of the citizens' overwhelming desires for a different route (with preference for the Poudre River Alternative). Our legal counsel will make every effort to avoid an out-of-court settlement that would disregard the interest of the No Pipe Dream Corporation and Larimer County citizens.
June 5, 2019
No Pipe Dream holds its first official meeting as a non-profit corporation. Becoming a non-profit shields our members from legal consequences concerning pipelines through their properties and neighborhoods. Board members from several affected neighborhoods were elected. To remain a member, you must make a donation of at least $10 annually.
June 3, 2019
Larimer County files response to lawsuit. Read their response. We are pleased they are sticking to their guns so far. They say: The Board of County Commissioners’ determination that Thornton did not satisfy each of the twelve review criteria is supported by competent evidence when the record is reviewed as a whole. Way to go, Commissioners!
April 11, 2019
Thornton files a lawsuit against Larimer County over the denial of their latest 1041 application for the County Road 56 route. The County Commissioners are preparing their response.
March 18, 2019
The County Commissioners released their statement on why they rejected Thornton's application. Read it here:
Official Statement from Larimer County Commissioners on Thornton Proposal released.
February 11, 2019
Commissioners vote down Thornton pipeline 3-0
Commissioner Donnelly named the significant impact on private property owners as a part of his decision to deny. Commissioner Kafalas focused on several Land Use violations, but ultimately called for a more synergistic plan, stating Thornton did not present all reasonable alternatives. Commissioner Johnson gave voice to the 300 citizens who came to 7 hearings over the year, and 1000s of emails, stating it was much more than a NIMBY reaction. Click Here to watch the entire hearing live. THORNTON'S DENIED 1041
Thornton's Douglas Road pipeline route was denied. Our lawyer presented during public testimony on Jan. 28 and made a difference in the vote. No pipeline is ideal for all LC citizens!
Mayor Wade Troxell Speaks Out for River Route, May 2019
The City of Fort Collins Mayor would like to see the Poudre River used as a conveyance by Thornton.
Check out Save the Poudre's video on Thornton's Pipeline. Director Gary Wockner, PhD, give a great explanation.
The County sponsored a working group to come up with solutions for Thornton in the fall of 2018. Thornton rejected the favored river route and proposed an alternate pipeline route along Cty Rd 56, which was denied Feb. 11, 2019.
Related Happenings
Upcoming Meetings & Events
**NEW **
NISP Planning Commissioners' Hearing
Wed. June 24, 6 pm
Live streamed on YouTube: larimer.org/broadcast
---------------------------------
While there is not a chance for public testimony on this date, tune in to hear Northern Water's arguments
July 8 - Public testimony portion of hearing
Tune in to watch our attorney Mike Foote team up with the SaveRuralNoCo and Save the Poudre attorneys in a 12-minute presentation on why NISP is a bad idea for Northern Colorado. , public testimony will begin on July 8th with remote and and in person testimony (up to 50 people with preregistration) OR via TV and remote audio options.
Each member of the public will have 2 minutes to speak with no lending/borrowing time or group presentations. Written comments are encouraged and will become a part of the final record and the agenda packet given to the Board before the hearing.
- Group Testimony Registration Form (must comply with certain requirements, click here to see details)
- Individual Testimony Registration Form
Check the county's site frequently for updates or to sign up for in person testimony: https://www.larimer.org/planning/NISP-1041
- Watch a video on NISP to learn more.
- Tell them why NISP, Glade Reservoir, and another 54" pipeline in North Fort Collins is a bad idea!
- Send comments to:
pcboard@larimer.org
and copy bocc@larimer.org
The public can watch the presentations live and in person (if health restrictions
allow) and/OR via TV and web broadcast. Public testimony will begin on July 8
with live and in person (if health restrictions allow) and/OR via TV and
remote audio options.
Northern Integrated Supply Project (NISP) by Northern Water
This project is closely tied to the proposed 48-in. Thornton pipeline and would negatively impact the quality of life for many Northern Colorado residents. NISP plans to run a 54" pipeline through the same northern neighborhoods. The county has floated co-location of the two pipelines. Thornton's current proposed pipeline route along Cty. Rd 56 literally cuts one property in half, endangering the house. NISP's proposed 54-in. pipeline is expected to take more private property. A newly formed group called Save Rural NOCO opposes Glade Reservoir as it will disrupt neighborhoods in Bonner Peak and beyond.
**This will likely be the largest construction project --
and the project with the biggest negative environmental impacts -- in the
history of Larimer County**
To learn more about NISP click above. Save the Poudre and Save Rural NoCo ( https://saveruralnoco.com/ ) are with us in this fight.
The Poudre Heritage Alliance, supports a healthy Poudre River. Visit their site for events.
support no pipe dream
No Pipe Dream Needs Funds!
Can you Help?
We use your money wisely; won’t you consider giving to continue our efforts? Our lawyer will be involved in providing direction to working group members and writing a rebuttal in the future, if needed.
WE NEED FUNDS to keep our lawyer involved in our next steps. Please give what you can!!
Where Yo
No Pipe Dream Needs Funds!
Can you Help?
We use your money wisely; won’t you consider giving to continue our efforts? Our lawyer will be involved in providing direction to working group members and writing a rebuttal in the future, if needed.
WE NEED FUNDS to keep our lawyer involved in our next steps. Please give what you can!!
Where Your Dollars Go
81% Lawyer fees
13% hired experts (hydrologists)
4% yard signs
2% admin
Use our GoFundMe account to donate to help pay our legal fees to keep the pipeline out of northern Fort Collins and to continue pushing for a river route instead.
why the poudre alternative works -- Words from our lawyer
Could cost less or comparable
"Thornton evaluated a Poudre River Alternative during its initial scoping process and found that the alternative would save the City up to $150 million in pipeline construction costs by avoiding approximately 26 miles of pipeline."
River point of withdrawal can be changed
"Thornton argues that Colorado water law prohibits the Board from adopting the Poudre River Alternative. More specifically, Thornton argues that the Board may not adopt the Poudre River Alternative because it would:
· require an unlawful change in the point of withdrawal of its water shares from the Poudre River; and,
· unlawfully diminish water quality when compared to Thornton’s desired point of withdrawal;
· unlawfully diminish water quantity as the water flows down the River.
Thornton’s arguments do not have factual and/or legal support. Instead, both the facts and Colorado water law would allow Thornton to implement the Poudre River Alternative.
Thornton can legally convey its water shares down the Poudre River and can withdraw that water “at any point desired.” Since the Poudre River Alternative is conceptually authorized by Colorado water law, it is both reasonable and legally available to Thornton."
County Commissioners have the legal power
"Colorado law authorizes this Board to regulate the Thornton Water Project, including requiring an alternate point of withdrawal from the Poudre River. "
Thornton does not have a right to a certain water quality
"Thornton argues that it has a legal right to water quality at the LCC head gate and or at WSSC #4. Thornton has no legal right to the water quality at either of these locations. First, Thornton did not purchase all of its water shares at the location of the LCC head gate or WSSC#4. It purchased most of its water shares with degraded water quality from farms measurably downstream along the LCC. Second, Colorado water law does not guarantee a degree of water quality when purchasing water shares. ....
Thornton is at most entitled only the degree of water quality delivered to the farms it purchased."
Thornton's water shares would likely not be further diminished if left in Poudre
"Thornton has not proven that any water loss resulting from the Poudre River Alternative would be unreasonable when compared to the water loss historically experienced when its water shares flowed in the canal to farms in eastern Larimer and Weld Counties."
Using the Poudre would provide real benefits to Larimer County
" Thornton has proposed a set of benefits to Larimer County if its Supplement #3 is approved (County Road 56 route). However, many of the proposed “benefits” are actions Thornton already planned to implement. In the December 2018 hearing, the Board noted that the benefits package proposed by Thornton was woefully inadequate."
"Ideally, the Board would prefer to issue a 1041 permit that complies with all Land Use Code requirements, minimizes adverse impacts to the County, and confers meaningful and enforceable benefits to the County. Unfortunately, Thornton has failed to present such a 1041 application and may leave the Board with no other option but to deny the 1041 permit application."
TO READ OUR LAWYER'S FULL COMMENT LETTER, EMAIL NO PIPE DREAM AT NOPIPEDREAMFTC@GMAIL.COM AND REQUEST A LINK TO HIS REPORT.