OPINION: ‘Save the Poudre’ Plans Lawsuit to Challenge NISP Water Project

Earlier this week, the Larimer Board of County Commissioners finalized its ‘Findings and Resolution’ (F&R) for the 1041 permit for the Northern Integrated Supply Project (NISP).

On a 2–1 vote, the F&R was ratified by lame-duck Commissioners Tom Donnelly and Steve Johnson, with Commissioner John Kefalas opposed.

Also this week, ‘Save The Poudre’ directed its legal team to accelerate the legal battle against Larimer County to overturn this illegal and biased decision by these two commissioners.

NISP would drain and destroy the Cache la Poudre River through Fort Collins, and is thus the most disastrous and environmentally destructive project in Larimer County history. Any decision about NISP should reflect the future of the County, not the past. We will do everything possible to overturn this illegal, biased decision by these two lame-duck commissioners.

First, Save The Poudre will continue pursuing its lawsuit against Commissioners Donnelly and Johnson, arguing their bias in the decision process. In violation of the Larimer County Land Use Code and Colorado Constitution, both Donnelly and Johnson voted on the NISP permit — a quasi-judicial decision process — when they had already and repeatedly stated their biased support for NISP.

Second, Save The Poudre will soon be filing a new lawsuit against the County, arguing that the County’s 1041 permit for NISP violates the Larimer County Land Use Code on multiple grounds.

Third, in the coming weeks and months, Save The Poudre will seek all available remedies to overturn the County’s illegal and biased NISP decision.