Energy, Utilities & Water  September 7, 2021

Poudre groups sue to overturn decisions regarding NISP project

By

FORT COLLINS — Two organizations that seek to prevent the construction of the Northern Integrated Supply Project in Northern Colorado have filed an amended complaint in Larimer County District Court seeking to overturn actions from this summer that move the project forward.

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.

Save the Poudre and No Pipe Dream Corp. attempted in June to stop the city of Fort Collins Planning and Zoning Commission from conducting a June 30 Site Plan Advisory Review process that the plaintiffs said was inappropriate for the circumstances. They claimed irreparable harm if the hearing were to proceed.

Judge Gregory Lammons ruled June 28 that the hearing could go forward because harm had not been established, and the plaintiffs would have opportunity after the hearing to dispute the outcome.

The planning commission denied the Northern Colorado Water Conservancy District’s application at the June 30 hearing, but Northern Water, using provisions of the SPAR process — in which one government rules on an application of another government — overruled the planning commission’s denial on Aug. 12.

That led to the Aug. 31 amended complaint in which Save the Poudre and No Pipe Dream sought to have the court vacate the outcome of the SPAR process. According to the suit, they contend that Northern Water does not have legal authority to use the SPAR process and that because Northern Water used a new entity, the Northern Integrated Supply Project Water Activity Enterprise, to apply for the permits from Fort Collins that it had a conflict of interest. The suit also claimed that the SPAR process is unconstitutional because the law creating it is vague.

A subsequent filing Sept. 2 asked the court to order Fort Collins and Northern Water to provide all documentation from filings and meetings related to the SPAR decisions.

Northern Water said it believes its actions were appropriate.

“We are aware of the filing and still believe we went down the appropriate course as described in state statutes,” said Jeff Stahla, spokesman for the water agency.

© 2021 BizWest Media LLC

FORT COLLINS — Two organizations that seek to prevent the construction of the Northern Integrated Supply Project in Northern Colorado have filed an amended complaint in Larimer County District Court seeking to overturn actions from this summer that move the project forward.

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…

Ken Amundson
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.
Categories: Energy, Utilities & Water Fort Collins Industry News Region Sunday Weekly Today's News Water
Sign up for BizWest Daily Alerts