Save the Poudre, No Pipe Dream and Save Rural NoCo are suing the Larimer County Board of Commissioners to contest the board’s approval of the 1041 permit for the #NISP — The #FortCollins Coloradoan

Northern Integrated Supply Project (NISP) map July 27, 2016 via Northern Water.

From The Fort Collins Coloradoan (Jacy Marmaduke):

The lawsuit, filed in Larimer County District Court, contends that former commissioners Steve Johnson and Tom Donnelly were biased in favor of the project and shouldn’t have voted on the 1041 permit. The suit also argues that commissioners’ 2-1 approval of the permit in September violated criteria of Larimer County’s land use code…

The lawsuit argues that Johnson and Donnelly demonstrated bias in several ways, citing a photo of Donnelly speaking at a “Farmers for NISP” event and an online news release from NISP proponent Northern Water reading “Larimer County Commissioners support NISP.”

The complaint also references August 2019 text messages from Donnelly to Northern Water spokesperson Jeff Stahla that read, according to the lawsuit: “You guys are getting ready to blow this deal …” and “Northern has no idea what is in store for them if they let this slide into the next boards (sic) term.”

Stahla told the Coloradoan that Donnelly “reached out to me … when we were in the middle of the (intergovernmental agreement) process.” The county and Northern Water had been drafting an intergovernmental agreement to cover the siting of Glade Reservoir and associated pipelines before they pivoted to the 1041 permitting process.

“… at that point, we were having open discussions with commissioners regarding this project, so we had not yet moved into” the 1041 part of the project, Stahla said on Tuesday…

Stahla, the Northern Water spokesperson, said the NISP 1041 permit application was robust and addressed all the county’s criteria…

He also noted that the Colorado Water Quality Control Commission in December rejected Save the Poudre’s appeal of the state water quality certification. That certification addresses NISP’s anticipated impacts on Poudre River water quality and includes 30 conditions.

He added that it wouldn’t be appropriate for the new class of commissioners to reconsider NISP’s 1041 permit.

“If you file a permit application and county staff recommends approval, the county planning commission recommends approval, and then you get approved by the county commissioners — well then, how far down the road can you have all of those votes changed at a long future date?” Stahla said. “We felt that we met the criteria, and the commissioners, acting in their role properly, approved the application for a 1041 permit, and so we feel we have our permit.”

[…]

Karen Wagner of lawsuit co-plaintiff No Pipe Dream told the Coloradoan that the group had hoped the commissioners would apply their 1041 criteria as thoroughly as they did in their ruling on the proposed Thornton pipeline permit — which commissioners rejected after heavy opposition from No Pipe Dream…

While the county 1041 permit is an integral milestone for the project, the U.S. Army Corps of Engineers has yet to issue a final record of decision on NISP. That decision is expected in the first quarter of 2021 after years of delays, Stahla said. The Army Corps’ decision could also be contested in court.

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