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Thornton's 1041 Application

Thornton's latest application

Still Using a Pipeline


It's long and complicated, but here is Thornton's new/revised 1041 

application, still advocating a pipeline, but with the preferred route 

just a mile north of Douglas Road along County Road 56 and possibly 

through Braidwood and Eagle Lake neighborhoods. Thornton appeared to 

have dismissed advice from a good share of the working group and the 

public that advocated for the Poudre Alternative.

Click the link below to  view the latest application. After clicking the link, go to "Thornton Revised Documents".


Go to https://www.larimerwaterprojects.org/information-and-data. 



History of Thornton's Application -- Up to Denial

August 1, 2018

The County Commissioners tabled Thornton's 1041 

application and asked for a continuance until December 17, 2018. In the 

meantime, a working group of 30 individuals, neighborhood leads and 

groups met to guide Thornton's next route decision. The commissioners 

asked for a "significantly changed" application with several route 

alternatives.

December 11, 2018

Thornton submitted its third draft of their 1041, naming a

 pipeline along County Road 56 as their desired choice, cutting through 

Braidwood and Eagle Lake neighborhoods, despite overwhelming public 

desire for a river route at the recent open house held by the county

about it.

December 17, 2018

Thornton presented its revised 1041.

January 28, 2019

Neighborhood groups, No Pipe Dream, and Save the Poudre presented, along with county staff who supported the new route.

February 4, 2019

The public gave comments, with 90% asking for denial and a Poudre Alternative.

February 11, 2019

Commissioners vote down Thornton pipeline 3-0.


This was the first time Larimer County denied a 1041 in its entire history.


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.


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

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 prepare their response.


June 3, 2019

Larimer County files response to lawsuit.

Read here:

Larimer County Response to Thornton Lawsuit


No Pipe Dream is  pleased that they are sticking to their guns so far. The Board of Commissioners said:

"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."


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, 

 a donation of at least $10 annually is required.


Larimer County files response to lawsuit.

Read here:

Larimer County Response to Thornton Lawsuit


No Pipe Dream is  pleased that they are sticking to their guns so far. The Board of Commissioners said:

"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."


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, 

 a donation of at least $10 annually is required.


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.


History of Thornton's Application -- After Denial

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

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 prepare their response.


June 3, 2019

Larimer County files response to lawsuit.

Read here:

Larimer County Response to Thornton Lawsuit


No Pipe Dream is  pleased that they are sticking to their guns so far. The Board of Commissioners said:

"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."


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, 

 a donation of at least $10 annually is required.


Larimer County files response to lawsuit.

Read here:

Larimer County Response to Thornton Lawsuit


No Pipe Dream is  pleased that they are sticking to their guns so far. The Board of Commissioners said:

"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."


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, 

 a donation of at least $10 annually is required.


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.


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. Judge Villasenor  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!


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 scheduled to be ready  

 November 15, 2019.


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.

The Larimer County 1041 Process

Reason and Purpose Behind the 1041 Process

Activities of State Interest-1041 Review: State Statutes allow local governments to designate certain areas and activities of state interest and require permits for development involving those areas and activities. A 1041 Permit is required prior to

 conducting any activity that has been designated as a Matter of State 

Interest (power plants, solar energy power plants, transmission lines, 

pipelines, etc..). 


1041 Permits for Designated Matters of State Interest Larimer County Land Use Code --Section 14.0.


Areas and Activities of State Interest includes regulations for activities 

that have been designated by the county as a ‘matter of state interest’ 

and requires approval of a 1041 permit, unless specifically exempted. 


Larimer County’s ‘designated matters of state interests’ are listed in Section 

14.4, and include power plants, solar energy power plants, transmissions

 lines, substations, water, sewer and gas pipelines, gas storage 

facilities. Other activities which may be designated by the county

 from time to time.


Purpose - Areas and Activities of State Interest (1041 Permit) review is to facilitate 

the identification, designation and  regulation of areas or 

activities of state interest consistent with applicable statutory requirements.


1041 Permit Approval - A 1041 Permit is required prior to conducting any activity that has 

been designated as a Matter of State Interest, unless the County 

Commissioners have granted an appeal to the requirement for a Permit or 

have adopted an intergovernmental agreement such that a 1041 Permit is 

not required. 


The Planning Commission and Board of County Commissioners evaluate each 

proposed use for compliance with the general permit requirements listed 

in Section 14.10 and additional specific review criteria listed in 

Section 14.11 of the Land Use Code, as applicable. 


The County Commissioners may impose ‘conditions’ when approving a 1041 Permit. 


This is a discretionary approval process by the County Commissioners. 


Steps in the 1041 Permit Review Process…


1. Pre-application conference 

2. 1041 Permit Application and Review

3. Planning Commission Hearing

4. County Commissioner Hearing

5. Final Development Plans upon approval (Conditions of Approval, Development Agreement,


Source:  Options for Review of Activities of State Interest and/or Public Projects in Larimer County 



Read Larimer County Land Use Code -- Section 14



Address: P.O. Box 2465, Fort Collins, CO 80522 Copyright © 2020 Stop Thornton's Pipe Dream - All Rights Reserved
Photo on Home page courtesy of Save the Poudre
Make checks out to No Pipe Dream Corporation

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