HomeMy WebLinkAbout2021CV30425 - Save The Poudre And No Pipe Dream Coporation V. Northern Colorado Water Conservancy District, Northern Integrated Supply Project Water Activity Enterprise, The City Of Fort Collins - 029A - Proposed Order
Larimer County District Court
201 La Porte Ave, Suite 100
Fort Collins, CO 80521
▲ COURT USE ONLY ▲
SAVE THE POUDRE, and
NO PIPE DREAM CORPORATION
Plaintiffs
v.
NORTHERN COLORADO WATER CONSERVANCY
DISTRICT,
NORTHERN INTEGRATED SUPPLY PROJECT WATER
ACTIVITY ENTERPRISE, and
THE CITY OF FORT COLLINS, a Colorado home rule city
and municipal corporation,
Defendants.
Case No. 21CV30425
ORDER DIRECTING NORTHERN WATER TO PREPARE AND CERTIFY THE
ADMINISTRATIVE RECORD PURSUANT TO C.R.C.P. 106(A)(4)(III)
On September 2, 2021 Plaintiffs filed a Re-Filed Motion to Prepare and Certify the
Administrative Record pursuant to Colo. R. Civ. Pro. 106(a)(4)(III). On September 28, 2021
Defendant the Northern Colorado Water Conservancy District (“Northern Water”) filed its
Response. Having read and considered the Motion and all responses, the Court hereby ORDERS
that:
1. Northern Water shall prepare and certify the administrative record of its August 12,
2021 proceeding.
2. Northern Water shall prepare and certify the administrative record no later than 21
days after Northern Water and the Northern Integrated Supply Project Water Activity
Enterprise (“NISP Enterprise”) file their answer to Plaintiffs’ Amended Complaint.
3. Plaintiffs shall reimburse Northern Water for the reasonable costs of preparing the
administrative record.
4. The administrative record should include the following documents and materials:
a) A copy of the NISP Enterprise’s SPAR land use application filed with the City of
Fort Collins;
b) a copy of all relevant provisions of the City’s Land Use Code pertaining to SPAR
applications and any relevant definitional terms;
c) a copy of the City’s denial of the NISP Enterprise’s SPAR application.
DATE FILED: September 28, 2021 1:48 PM
FILING ID: 90093E5B61137
CASE NUMBER: 2021CV30425
2
d) the administrative record from the City’s Planning & Zoning Comm ission related
to the Enterprise’s SPAR application;
e) the administrative record for the Board of Northern Water’s August 12, 2021
proceeding;
f) Resolution D-1367-08-21;
g) a video recording of Northern Water’s August 12, 2021 proceeding related to the
NISP Enterprise’s SPAR application denial by the Planning & Zoning
Commission and Resolution D-1367-08-21;
h) a copy of any public notice published in a newspaper of local circulation in the
City of Fort Collins regarding Northern Water’s August 12, 2021 overturn
proceeding; and
i) any other document considered by the Board of Northern Water in its actions of
August 12, 2021 related to C.R.S. § 31-23-209.
Dated: _____________________
BY THE COURT:
________________________
Gregory M. Lammons
District Court Judge