City of Thornton Larimer County 1041 permit update

From The Fort Collins Coloradoan (Jacy Marmaduke):

The city of Thornton plans to sue Larimer County over commissioners’ rejection of the Thornton pipeline proposal, according to the county’s attorney.

Larimer County attorney Jeannine Haag told the Coloradoan she learned Thornton would be filing a lawsuit when she called the city’s attorney and asked whether the city would pursue legal action contesting the pipeline decision.

Thornton will file a lawsuit in Larimer County District Court next week, Haag said. Thornton spokesman Todd Barnes told the Coloradoan the city doesn’t comment on issues of potential litigation…

Thornton officials have kept quiet about their plans since commissioners unanimously rejected their proposal to build a pipeline to carry Poudre River water through Larimer County. Thornton leaders said they wouldn’t decide what to do until they could review commissioners’ written explanation of the vote. Commissioners approved that document March 18…

It was also possible that Thornton officials would pursue an agreement with the city of Greeley, which has extra capacity in a water pipeline that might have been useful for Thornton. The cities met on the matter last month.

In the written explanation of their decision on the pipeline, Larimer County commissioners said Thornton didn’t meet eight of the 12 criteria for the 1041 permit required to build the pipeline. The commissioners’ ruling was the county’s first-ever rejection of a 1041 permit.

Commissioners wrote that Thornton didn’t meet the following criteria:

  • The proposal is consistent with the county’s master plan for land use and development
  • The applicant presented reasonable siting or design alternatives or explained why no reasonable alternatives are available
  • The proposal conforms with county standards and mitigation requirements for environmental impacts
  • The proposal won’t have a significant adverse effect on the land on which it’s situated and adjacent land, or will adequately mitigate significant adverse effects
  • The proposal won’t negatively impact public heath and safety
  • The benefits of proposed development outweigh the losses of any natural resources or resulting reduction of productivity of agricultural lands
  • The proposal demonstrates a reasonable balance between the costs to the applicant to mitigate significant adverse effects and the benefits achieved by that mitigation
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