Environment  June 11, 2021

Poudre River groups file suit to stop NISP permitting process in Fort Collins

FORT COLLINS — Save the Poudre and No Pipe Dream Corp. filed suit this week against the city of Fort Collins to challenge the process that the city will use to permit aspects of the Northern Integrated Supply Project, a major water development project in Northern Colorado that involves some city land.

The suit seeks a declaratory ruling to stop the city from using the Site Plan Advisory Review process, which the plaintiffs in the case contend is not legally applicable to the NISP project.

The process, often abbreviated SPAR, is commonly used by public entities such as school districts or public colleges or other districts that seek to develop structures or land within a city. The process gives the city a say in the development but permits the public entity to have final control over the development.

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NISP is a water-development project on behalf of 15 communities or districts that will create two new reservoirs to supply 13 billion gallons of water annually to its member communities. It is planned for completion by 2028. While most of the project is outside the city of Fort Collins, some elements of it will cross land within the city or be built on the river within city limits.

The city of Fort Collins determined that the Northern Colorado Water Conservancy District, the developer of NISP, qualifies to use SPAR. Northern Water submitted its SPAR application May 5, and the city’s Planning and Zoning Commission will conduct a hearing on it June 30.

Save the Poudre in its lawsuit contends that because Northern Water does not yet own land on which NISP development would occur, that the SPAR process cannot be used.

The suit seeks a court order to stop the SPAR process.

Jeff Stahla, spokesman for Northern Water, told BizWest that Northern plans to continue with the SPAR hearing on June 30 and referred BizWest to the SPAR filing on the city of Fort Collins website.

The city declined to comment in an emailed statement: “With respect to Save the Poudre’s lawsuit, our city attorney’s office is still reviewing the complaint and associated documents to evaluate the claims. As such, we have no comment on the case at this time.”

FORT COLLINS — Save the Poudre and No Pipe Dream Corp. filed suit this week against the city of Fort Collins to challenge the process that the city will use to permit aspects of the Northern Integrated Supply Project, a major water development project in Northern Colorado that involves some city land.

The suit seeks a declaratory ruling to stop the city from using the Site Plan Advisory Review process, which the plaintiffs in the case contend is not legally applicable to the NISP project.

The process, often abbreviated SPAR, is commonly used by public entities such as school districts or public…

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Ken Amundson is managing editor of BizWest. He has lived in Loveland and reported on issues in the region since 1987. Prior to Colorado, he reported and edited for news organizations in Minnesota and Iowa. He's a parent of two and grandparent of four, all of whom make their homes on the Front Range. A news junkie at heart, he also enjoys competitive sports, especially the Rapids.
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