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 newsletter 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!
Weld Commissioners Deny Thornton Water Application
Decision involves pipeline placement
Judge Rules Against Thornton lawsuit
Once again, we did it!
As neighbors, concerned citizens and members of No Pipe Dream, we made a stand against Thornton and won the day!
On Monday, Judge Stephen Jouard of the Eighth District Court in Colorado ruled against the City of Thornton’s lawsuit. While Judge Jouard felt some 1041 criteria were met, he felt other criteria were not met, so he voted down Thornton's request to pick one of two routes (County Road 56 or Douglas) Road.) With this ruling, the judge put our concerns, first!
It's been a long road for all of us who would like to see a better plan from Thornton, one that could help restore the Poudre River, protect homeowners’ private property, and maintain the nature, beauty and quiet of north Fort Collins.
Thank you! Together, we changed the course of this monster project! We'll keep you posted on future happenings.
Because Thornton may appeal this ruling, please consider a donation to both celebrate this BIG WIN and help our continuing efforts to ensure the Thornton Water Project and NISP Project reflect the viewpoints of concerned neighbors and citizens in the future.
Click here to go the the Donations page.
Register for the Moratorium Public Meeting April 13
Participate in-person or virtually
Larimer BOCC voted 3-0 for 30-day moratorium on 2 essential issues! How does this help?
1. A temporary moratorium for processing 1041 applications allows the county to revise Larimer County Land Use Code 1041 regulations while addressing safety, health, and welfare of residents of Larimer County.
2. A temporary moratorium for processing all oil and gas applications allows the Commissioners reasonable time to revise their oil and gas regulations, for the safety, health, and welfare of residents in Larimer County.
Moratoriums will expire April 15, 2021.
Public hearing April 13, 2021, 3:30 to decide if moratoriums should be terminated, extended, or amended.
PARTICIPATE IN-PERSON OR VIRTUALLY!
REGISTER HERE FOR THE HEARING.
MORE DETAILS ABOUT THE MEETING HERE!
No Pipe Dream fully supports the review of these issues. Larimer County residents must have more protection from any kind of projects that have huge impacts on our safety and personal property.
We encourage all of you to attend the April 13th hearing and speak in favor of extending the moratoriums and giving the County Commissioners the time to make thoughtful legal changes.
Thornton is taking their 1041 case to the Court of Appeals, in hopes of overturning Judge Jouard's ruling supporting the Commissioners' 1041 denial.
Successfully strengthening Land Use Code regulations will not only protect citizens and property owners from future ill-conceived development, but would also apply if either Thornton or NISP are required by the courts to resubmit 1041 applications.
Our new Larimer County Commissioners need to hear from you to accurately represent your needs on what can and cannot be allowed in our community. Take advantage of this opportunity to give the Commissioners much needed feedback!
Register for the Public hearing April 13, 2021, 3:30 PM MDT!
Your continued support is essential at this point! Visit GoFundMe and DONATE!
To all of our contributors and supporters - THANK YOU! We couldn't do this without you!
Oil and Gas, Land Use Applications Temporarily Halted
Larimer County Aims to Revise Regulations
The following is the text of the Coloradoan article on March 17, 2021. Author Eric Larson.
Larimer County commissioners on Tuesday halted permitting of oil and gas and "1041" land use applications until April 15 while county leaders work to revise regulations for the sometimes controversial processes.
Democratic Commissioners John Kefalas, Kristin Stephens and Jody Shadduck-McNally approved the temporary moratoriums on permitting with a 3-0 vote.
The county has worked for months on its rules for oil and gas permitting after the Democrat-controlled Colorado legislature gave municipal and county governments more control over future development during its 2019 session. County leaders adopted their first ever regulations on oil and gas facilities in April 2020, but citizen groups have asked for increased public health and safety measures.
While oil and gas development in Larimer County is a fraction of that in neighboring Weld County, citizen concern over impacts related to the Front Range's poor air quality and climate change have led to efforts to further limit development within the county.
A citizen-approved moratorium on hydraulic fracturing, or fracking, within Fort Collins city limits was struck down by the Colorado Supreme Court in 2016.
The county's 1041 permitting process most recently caught public attention when commissioners in 2019 denied Thornton's plan to build a water pipeline through the county. A Colorado judge has since upheld that decision, stating that Thornton failed in its application to meet three of 12 criteria for the project.
The pipeline, opposed by potentially impacted county residents and environmental advocates, would pipe Poudre River water from near the mouth of the Poudre Canyon to the growing Denver-area suburb.
Thornton officials said in February they would take time to decide on next steps, including whether to appeal the court's decision.
The county has scheduled a public hearing at 3:30 p.m. April 13 to decide whether to end, extend or amend the new moratoriums, according to a county release.
For questions about the moratoriums and related regulations, contact county Director of Community Development Lesli Ellis, 970-498-7690 or ellislk@larimer.org.
This story has a correction: The number of criteria a judge ruled Thornton failed to meet in its application 1041 permit application to Larimer County was incorrect in an earlier version of this story.
Thornton Eyes Possible Water Shortage
Article in Denver Post - November 15
The On November 15, the Denver Post published a long article about the City of Thornton's situation with respect to conveying the water they own through Larimer County.
Interviewed are the Mayor, Jan Kulmann, city officials and a land use lawyer describing Thornton's concerns because of the stalled Thornton pipeline in Larimer County. Gary Wockner, president of Save The Poudre represents opposition to Thornton's pipeline plans.
Read the Denver Post article here.
Thornton's Appeal of 1041 Denial
Summary of Oral Arguments, September 9, 2020
Before Judge Jouard: - Eighth District Court
Despite a last minute attempt by the City of Thornton to file for a continuance, Judge Jouard decided to proceed with oral arguments in the Thornton Lawsuit yesterday.
Thornton’s motion for a continuance was based on the recent approval of NISP by the Commissioners, which they felt could have a direct bearing on their case. Counsel for Larimer County and Interveners, No Pipe Dream and Save The Poudre opposed this motion. The Judge granted permission for all parties to submit written arguments for future consideration. It is likely that a decision on this issue could take 2 months, which would ultimately delay the courts decision on this lawsuit.
Thornton had 40 minutes to present their arguments, which were focused on their constitutional right to construct a pipeline in Larimer Co in order to get their water. They stated that the decree of the water court specified their location to take out water and that it was to be piped to Thornton. Thornton argued that Larimer County violated the 1041 process by effectively denying any and all pipeline routes, requiring instead conveyance by river or canal options, which would degrade both water quantity and quality. Thornton made additional statements, some blatantly inaccurate, regarding the routing of their pipeline and their two-year effort working in collaboration with the Larimer County Planning and Engineering group. They cited that the county staff recommended approval of the 1041, which the Commissioners should have accepted. Thornton closed their arguments with a request for the judge to order the Commissioners to approve the 1041 and specify which of the two pipeline routes should be used.
Attorneys for Larimer County, No Pipe Dream and Save The Poudre had 40 minutes, 20 minutes and 10 minutes, respectively to present their oral arguments, which were a clear benefit of the intervener strategy, since we collectively were allowed 70 minutes for arguments vs. 40 minutes for Thornton. Arguments focused on:
• The Courts decision should be based on Rule 106 dealing with the adequacy of the 1041 process, which the court must uphold even if only one of the Commissioners findings are validated and that Rule 57 arguments from Thornton regarding their water rights are irrelevant.
• The 1041 process was extensive and took place over a two-year period of time, involved 7 public hearings and a working group of Larimer County citizens including scientist, professors and engineers.
• The decision to approve and/or deny a 1041 is the sole responsibility of the County Commissioners who are elected officials and that staff recommendations have no binding effect on their decision.
• Thornton’s failure to propose specific pipeline routes, opting instead to request ¼ mile wide construction corridors, which were impossible for the county and the public to properly evaluate.
• Any potential decision from the court to overturn the Commissioners ruling should at a minimum result require Thornton to reapply in the 1041 process and not be a directive to approve the 1041 and specify a pipeline route as requested by Thornton.
Upcoming Events with Thornton
Awaiting Decision by Judge Jouard
The next step in Thornton's appeal will be the response by Judge Stephen Jouard, Eighth District Court (Larimer & Jackson Counties) to the oral arguments presented on September 9, 2020.