Disclaimer: I work for the City of Thornton.
From The Colorado Sun (Michael Booth):
Rejection of the NISP pipeline is yet another skirmish in a series of water and pipeline battles playing out in the northern Front Range.
The Fort Collins planning commission on Wednesday rejected an application by Northern Water to run more than three miles of pipeline in a 100-foot-wide construction zone through city parks and neighborhoods as part of the complex Northern Integrated Supply Project.
The 3-to-2 rejection may not stall the massive project for long, as state law allows Northern Water’s own board to override the decision by a two-thirds vote, which it is sure to get. But the unrest in Fort Collins is another skirmish in a series of water and pipeline battles playing out this year in northern Front Range counties.
Water developers say they need supply to meet the demands of growing cities and suburbs, while many residents are objecting to the cost to the environment and to their own wallets.
“What happens during that construction will forever change the activity of wildlife, the patterns of wildlife, and they may never come back to those areas,” Fort Collins planning board member Per Hogestad said before he voted against the NISP pipeline application.
Fort Collins city planners launched the night’s hearing by recommending the board reject the NISP pipeline. Among other objections, city staff said its construction would cut down important riparian cottonwood stands without rebuilding them, and that the plan lacked detailed restoration plans for other areas in the proposed easement…
Northern Water General Manager Brad Wind told the planning commission that the water agency, which serves more than 1 million people in parts of eight counties on the northern Front Range, has made numerous changes to the $1.1 billion NISP to accommodate the steady stream of objections made over more than 10 years. Most importantly, he said, the new system of water buckets and delivery pipes that make up NISP will put a steadier, stronger flow of water into the Poudre River through Fort Collins, improving the health of an overused river that nearly dries up in summer…
Friday morning, Northern Water issued a statement saying in part that it would “look closely at the concerns raised by the City of Fort Collins staff, planning and zoning commissioners and public commenters. We look forward to working with the city to address those concerns while keeping the long-term goal in sight” of building the water delivery project. The board will consider its next steps at a meeting in August, spokesman Jeff Stahla said…
The list of Front Range water fights is long
NISP is one of the longest-running of a growing number of water delivery disputes pitting neighbors against city and county planning boards, and cities and counties against each other.
Thornton wants to build a 74-mile underground pipeline from water it owns in a Larimer County reservoir, through Weld County and onto city treatment plants. After similar years of wrangling, Weld County listened to neighbor and landowner objections and voted against a permit through county space. But Thornton, in Adams County, on Tuesday overrode the decision, which state law allows the applying entity to do when it is financing and building the pipeline.
In Westminster, many residents are furious at city council members for a series of steep increases in domestic water prices, among other planning decisions, and their anger has helped fuel an ongoing series of recalls and marathon voting sessions. Some longtime city residents say the council and city utilities have botched long-term planning for adequate water resources and failed to maintain treatment plants and other infrastructure.
Brighton is also in a series of battles over water use and water prices, including conflicts over power sharing between the city manager and elected officials on water questions.
The Fort Collins planning decision is not likely to be a major hurdle for Northern Water, which is close to breaking ground on the reservoir-and-pipe system that makes up NISP but has more regulatory problems to solve.
The Northern Integrated Supply Project has navigated a tangled route of permits since at least 2004. Fifteen communities that are part of Northern Water want to build new reservoirs called Glade and Galeton, bracketing Fort Collins on the west and east, and connect them through the Poudre and a series of farm water ditches with complex withdrawal and return pipelines.
As part of the overall plan, Northern Water would let about 22 cubic feet per second out of its newly-stored pool in Glade to keep a steady flow in the Poudre through most of Fort Collins, for most of the year. The pipeline under debate Thursday night would then take that water back out of the river and carry it to a separate pipeline that runs on the north side of the project.
Conservationists ridicule that plan, saying Northern Water’s gesture toward the environment would turn the Poudre into a weedy, low-flow “ditch” populated by carp.
From The Fort Collins Coloradoan (Jacy Marmaduke):
The Fort Collins Planning and Zoning Commission denied a development application for the Northern Integrated Supply Project, leaving the ball in Northern Water’s court for a possible overriding vote.
Commission members voted 3-2 on Wednesday to deny the Site Planning Advisory Review (SPAR) application for NISP infrastructure that would be located in Fort Collins city limits.
The components are part of Northern Water’s plan to run a portion of the project’s water deliveries through a 12-mile section of the Poudre River in Fort Collins. A river intake structure at Homestead Natural Area would take the water back out, and a 3.4-mile section of pipeline would shuttle the water southeast to meet up with another pipeline outside city limits.
The decision presents an obstacle to the proposal to take water from the Poudre and South Platte rivers for storage in two new reservoirs, but it isn’t binding…
Commission members who voted against the application — chair Michelle Haefele, vice chair Ted Shepard and member Per Hogestad — agreed with city staff, who recommended denial because of impacts to city natural areas and insufficient detail about several aspects of the project…
Degradation of wildlife and riparian habitat was of particular concern for some of the commission members who voted to deny the application. City staff said the pipeline location would damage restored wetlands and prohibit replanting of cottonwoods the city has worked to restore in riparian corridors. The pipeline route passes through Williams, Kingfisher and Riverbend Ponds natural areas…
Jeff Hansen and Jeff Schneider, the commission members who voted to move the application forward, said they had faith in Northern Water’s ability to address staff feedback. They also wanted to support the agency’s effort to mitigate some of the impacts of NISP by running between 18 and 25 cubic feet per second of water through a portion of the river, which would eliminate some dry-up spots on the river during low flow periods.
“They don’t have to do this pipeline at all,” Schneider said. “They could pull this water out and not even run it through the river. I think there’s some good intent that they’re trying to supply water to the Poudre instead of just pulling it directly out.”
Other points from city staff’s recommendation to deny the application stated that Northern Water didn’t adequately consider protection of natural resources and wildlife when it evaluated alternative routes. Staff also said the application didn’t include enough information about proximity of the NISP pipeline to city-owned utilities; downstream and floodplain impacts of the river intake structure; and how Northern Water will mitigate construction impacts to private property, historic and cultural resources.
Shepard said Northern Water should consider running the water through the river until it intersects with another project pipeline planned for the Larimer-Weld county line.
Brad Yatabe of the city attorney’s office interjected at that point in the meeting to caution commission members against suggesting alternative actions, which he said isn’t in the city’s purview for SPAR.
Northern Water staff described the diversion structure and pipeline as the culmination of a concerted effort to blunt NISP’s impacts on the Poudre through Fort Collins. Northern Water staff picked the diversion point for stability and with a goal of going as far downstream as possible while preserving water quality for drinking, project manager Christie Coleman said…
Northern Water expects that requirements associated with other permits for NISP, including the anticipated record of decision from the U.S. Army Corps of Engineers, will address some of the planning commission’s concerns about environmental impacts, Stahla said. He added that Northern Water will take a closer look at concerns about the construction easement’s impacts to city natural areas.