March 2022 NPD Newsletter contains timeline of nisp effort
You may appreciate this review of the long process
Take a look at the No Pipe Dream March 2022 Newsletter for a clear, quick review of the NISP events to this point.
Click here to see the newsletter.
Larimer County revamping 1041 criteria
Opportunities for Review and Input
As we wait for the courts to decide on issues regarding the Thornton and NISP projects, watch our newsleter and this website to help you follow the process follow and ways to give have input to City and County policymakers.
Larimer County is revamping their 1041 process and criteria, and the City of Fort Collins is starting to examine the possibility of adopting the 1041 process. If Fort Collins adopts 1041 powers we will need to develop processes and procedures.
Meanwhile, send emails to county commissioners and city council members at any time:
Commissioners: bocc@larimer.org
City Council: skane@fcgov.com.
Access Larimer County Land Use Code Proposed Review Schedule HERE.
You can speak remotely or in person at some of the meetings.
Many meetings that do not allow public comment can be viewed live.
The more input, the more impact we can have!
To view meetings remotely go to larimer.org/broadcast.
Complete 1041 Regulations Meeting Agenda ----
June 10, 4:30 p.m. *****Public discussion/open house****** This is a opportunity for Larimer County staff to listen to County residents ideas, concerns and input on county 1041 regulations. The new board of County Commissioners will be gathering comments for consideration. and looking for areas and activities for regulation and criteria. This meeting will be entirely remote. Zoom information will be available online 48 hours in advance of the meeting. A livestream of the meeting will be available on YouTube. To sign up and be linked to the open house: Go to Larimer.org/Planning, Scroll down to Upcoming Events, June 10-1041 Virtual Public Discussion. Then register for the meeting! May 12, 6:00 p.m. Joint Planning Commission (PC) and Board of County Commissioners (BCC) work session with initial discussion about comparative analysis (public may observe)
May 24, 1:30 p.m. (this session may continue to 6:00 p.m.) Board of County Commissioners (BCC) work session to get feedback on areas and activities to regulate (public may observe)
May 28 - DRAFT list of areas and activities for regulations for public input
May 28 – May 31 Online information regarding areas and activities for regulation - Present information and get feedback
June 10 – 7:00 p.m. Virtual Open House #1 regarding areas and activities for regulation and criteria - Present information and get feedback
June 14 - 1:30 p.m. BCC work session to share public input and begin discussion about criteria for review
Week of June 21 - DRAFT criteria and supplemental criteria for review
June– late July - Public Review of draft criteria and supplemental criteria - Online public comments
July 14 - 6:00 p.m.Joint Planning Commission (PC) and Board of County Commissioners (BCC) work Session (public may observe) on draft criteria and other suggested changes to 1041 regulations
Late July (TBD) - Virtual (or in person) Open House #2 to review draft criteria and supplemental criteria Present draft and hear feedback
Aug 4 - PUBLIC DRAFT 1041 Regulations
Aug 11 - 6:00 p.m.Joint Planning Commission (PC) and Board of County Commissioners (BCC) work Session (public may observe) on public draft
Late August (TBD) - Virtual (or in person) Open House #3 to review Public Draft of 1041 Regulations Present draft and hear feedback
October 1 - PUBLIC HEARING DRAFT 1041 Regulations
October 20 (or spec.) - Planning Commission Public Hearing – 1041 Regulations
October 25 - Board of County Commissioners Hearing – 1041 Regulations
Your continued support is essential at this point! Visit our GoFundMe page and DONATE!
To all of our contributors and supporters - THANK YOU! We couldn't do this without you!
Open House for the public on 1041 process
Zoom Meeting Thursday , June 10, 2021: 4:30 PM to 6:30 PM
The 1041 process protects our community from poorly planned projects and their potential impacts to our Quality of life and Environment along with protecting the rights of property owners. Now we get a chance to weigh in on this important project that dictates NISP and the Thornton Water Project.
This is a opportunity for Larimer County staff to listen to County residents ideas, concerns and input on county 1041 regulations. The new board of County Commissioners feel this is necessary, and staff will be gathering comments for consideration. They will be looking for areas and activities for regulation and criteria.
This meeting will be entirely remote. Zoom information will be available online 48 hours in advance of the meeting.
A livestream of the meeting will be available on YouTube.
To sign up and be linked to the open house:
Go to Larimer.org/Planning, Scroll down to Upcoming Events,
June 10-1041 Virtual Public Discussion.
Then register for the meeting!
If you cannot attend, contact Fort Collins' city council and Larimer County commissioners directly at:
Commissioners: bocc@larimer.org
City Council: skane@fcgov.com.
No Pipe Dream is still working, and we must continue together!
No Pipe Dream participates in nisp lawsuits
First lawsuit filed in January 2021; Second filed in June 2021
No Pipe Dream joined Save the Poudre and Save Rural NoCo in serving Larimer County with a lawsuit on January 12, 2021, alleging that former Commissioners Donnelly and Johnson had publicly advocated for Northern Integrated Supply Project (NISP) for a decade, demonstrating bias. The suit argues that the named commissioners should not have participated in or voted on the NISP 1041 permit application because such bias violates Larimer County Land Use Code and the Colorado Constitution, which requires unbiased decision making on 1041 permits.
In addition, the lawsuit argues that the majority decision made by then Commissioners Donnelly and Johnson in favor of approving the NISP 1041 permit application violated multiple criteria defined in Larimer County's Land Use Code. No Pipe Dream urges the newly appointed Larimer County Commissioners to reconsider the illegal actions and decisions of the past commissioners.
On June 9, 2021, No Pipe Dream once again joined Save the Poudre in serving a lawsuit against NISP's 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 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 imminent domain in order to build the project, but NISP has not done any of those things.
The City staff has scheduled a hearing at the Planning and Zoning Commission for NISP on June 30th. In turn, the two nonprofits filed a "temporary restraining order" with the court against the City to stop the Commission hearing. No Pipe Dream and Save The Poudre allege 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.
Commission Approves NISP 1041
Decision was 2-1
In the September 2 Larimer County Commissioner's meeting, the Commissioners voted 2-1 to support the monstrous NISP 1041 application, despite overwhelming opposition from residents, property owners, scientists and Poudre River advocates.
Members of the grassroots No Pipe Dream organization had hoped that the commissioners would put their constituents and the health of the state’s only National Heritage River before their personal desire for a new flat water reservoir.
No Pipe Dream’s CORA (Colorado Open Records Act) requests and research exposed Commissioners Tom Donnelly’s and Steve Johnson’s decade long bias and endorsement of NISP. Consequently, we are not surprised with tonight’s 2-1 vote, but bitterly disappointed as we envision NISP’s wide ranging impacts on our Larimer County homes, properties and quality of life.
A petition was formally submitted asking Commissioners Donnelly and Johnson to recuse because of obvious prior support of NISP.
Read about the refusal to recuse and the petition (with attachments) below on this page.
Only Commissioner John Kefalas expressed reservations about the application. Lame duck commissioners, Johnson and Donnelly, failed our organization and the citizens of Larimer County, who have argued long and hard that NISP is unsustainable, disastrous for the Poudre River and injurious to residents who live and make their livelihood in the pathway of the river-draining proposal.
It is NOT OVER
Considering that the Thornton 1041 pipeline application was refused, preparations are being made to resist the approval of the NISP pipelines in their 1041 application
Donnelly and Johnson asked to recuse but refused
Petition Submitted and Addressed At August 17 NISP Meeting
The No Pipe Dream Corporation (NPD), along with Save Rural NoCo (SRN) and Save The Poudre (STP,) have worked collaboratively for the last 12 months to insure that citizen concerns will be fairly heard, when the Larimer County Commissioners consider the Northern Integrated Supply Project (NISP) 1041 Application, that started on Monday, August 17, 2020.
Those efforts and research have revealed Commissioner Tom Donnelly’s and Commissioner Steve Johnson’s decade-long bias in favor of the NISP application, rendering a fair hearing impossible.
The 3 organizations, representing thousands of Larimer County residents, formally request Donnelly’s and Johnson’s recusal for violation of the Board’s own ex parte standards for land use applications. (See attached request and 29 bias exhibits in the pages below.)
For over 10 years, Donnelly and Johnson publicly supported NISP, endorsed NISP at rallies and in numerous publications and communicated directly with the applicant, Northern Water, all to the exclusion of public oversight.
At that time, NPD, SNC and STP followed the county attorney’s direction and, at the August 17 meeting asked that Donnelly and Johnson follow the example of the three members of the Larimer County Planning Commission, who recused themselves for lesser reasons on July 8, 2020.
Both Commissioner Johnson and Commissioner Donnelly refused to recuse themselves and stated that they feel capable of being impartial and will evaluate NISP's 1041 application objectively and fairly.
We're Fighting for Our River
Please help us in our work
We need your support now, more than ever. OUR NEW GOAL IS $45,000.
We know many of you have generously supported No Pipe Dream and, in doing so, have played a vital role in making so many of our voices heard. We cannot thank you enough.
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