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
