From The Fort Collins Coloradoan (Jacy Marmaduke):
Citizen groups Save the Poudre and No Pipe Dream are suing to stop the city of Fort Collins from processing an application for Northern Integrated Supply Project infrastructure in city limits.
The two groups filed a lawsuit Wednesday against the city and the Northern Integrated Supply Project Water Activity Enterprise over Northern Water’s SPAR (site plan advisory review) application for the controversial Poudre River reservoir project. The complaint argues that SPAR is the wrong way for the city to review NISP infrastructure and seeks to terminate the SPAR application. It also seeks to cancel the Fort Collins Planning and Zoning Board review of the application set for June 30…
At the heart of the dispute is whether NISP, which seeks to divert flows from the Poudre and South Platte rivers for two new reservoirs, is an appropriate fit for the SPAR process. SPAR is a type of development review intended for “improvements to parcels owned or operated by public entities,” according to the city’s land use code.
SPAR, compared to the more commonly used development review process, puts the city’s P&Z board in an advisory position rather than giving Fort Collins City Council the final say on a proposal. The governing board of a SPAR applicant can override P&Z’s vote and proceed with the development over the city’s wishes.
The P&Z board must review a SPAR application within 60 days of the city accepting it. The city deemed Northern Water’s SPAR application complete on May 21.
The city directed Northern Water to submit a SPAR application for components of NISP within city limits: the Poudre intake diversion structure, a river diversion that would be located in Homestead Natural Area northwest of Mulberry Street and Lemay Avenue, and a 3.4-mile length of pipeline running from the river diversion to the southeast, passing through Fort Collins and unincorporated Larimer County land as well as three city natural areas (Williams, Kingfisher Point and Riverbend Ponds)…
The complaint also argues that Northern Water doesn’t meet the state’s legal guidelines for an entity that can overrule a municipal body’s decision on a development. The state gives that authority only to “the city council of a city … the board of trustees of a town, or any other body, by whatever name known, given authority to adopt ordinances for a specific municipality,” the complaint states…
City attorney Carrie Daggett said the city is still reviewing the complaint and declined further comment. Northern Water spokesman Jeff Stahla affirmed that the water district will continue to pursue SPAR review for NISP as city staff directed…
Fort Collins’ review of NISP is not the last step for the project. The project is awaiting a crucial record of decision from the Army Corps of Engineers that’s expected to come this year. An affirming record of decision would likely trigger another legal appeal.
Two additional lawsuits filed by Save the Poudre, No Pipe Dream and Save Rural NoCo related to Larimer County’s approval of NISP infrastructure are also working their way through the courts.