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 - 031A - Exhibit ARESOLUTION
D-1367-08-21
WHEREAS, the NISP Enterprise applied to the City of Fort Collins for Site Plan Advisory Review
(“SPAR”) of portions of the Project, known as the Poudre River Intake and Pipeline. The Poudre
River Intake and Pipeline comprises a diversion structure in the Poudre River and three pipeline
segments within the city limits of Fort Collins. The NISP Enterprise’s application was heard by
the Fort Collins Planning and Zoning Commission on June 30, 2021. At the conclusion of the
hearing, a Motion to Disapprove the Application was passed with 3 in favor of disapproval
and 2 opposed to the Motion, and
WHEREAS, the water supplies made available through NISP will provide supplemental water to
approximately 500,000 residents in Northern Colorado, and
RESOLUTION EXERCISING THE AUTHORITY PURSUANT TO SECTION 31-23-209
OF THE COLORADO REVISED STATUTES TO OVERTURN THE
DETERMINATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF FORT COLLINS TO BUILD SEGMENTS OF A WATER SUPPLY PIPELINE AND
A WATER DIVERSION STRUCTURE WITHIN THE CITY LIMITS OF
FORT COLLINS
NORTHERN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE,
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
WHEREAS, on July 6, 2021 a representative of the City of Fort Collins sent the letter attached as
Exhibit A confirming the denial, and
WHEREAS, the NISP Enterprise has pursued various federal, state, and local permits to
commence the Project. This includes federal permitting under the Clean Water Act and related
laws; state permitting, for which the NISP Enterprise has received approval of a State Fish and
Wildlife Mitigation and Enhancement Plan and a 401 State water quality certification; and local
permitting, for which the NISP Enterprise has received a 1041 “Areas and Activities of State
Interest” Permit from Larimer County, and
WHEREAS, the Northern Integrated Supply Project Water Activity Enterprise (“NISP
Enterprise”), a government-owned business within the meaning of Article X, Section 20(2)(d) of
the Colorado Constitution, that is organized pursuant to C.R.S. §§ 3745.1101 et seq. and owned
by the Northern Colorado Water Conservancy District, (“Northern Water”) is developing the
Northern Integrated Supply Project (“NISP”) or (“Project”) to supply fifteen towns, municipalities,
and rural domestic water providers on the eastern slope of the continental divide with 40,000 acre-
feet of new, reliable water supplies, and
WHEREAS, C.R.S. § 31-23-209 provides that the Fort Collins Planning and Zoning
Commission’s disapproval may be overruled by a vote of not less than two thirds of the Northern
Water board membership.
EXHIBIT A
DATE FILED: September 28, 2021 3:44 PM
FILING ID: F078C3C1782E8
CASE NUMBER: 2021CV30425
EXHIBIT A
Page 2
NOW THEREFORE,
Dated this of August, 2021.
Mike Applegate, C^ir
CERTIFICATE
Bradley D. ^iaCSecretary
Board of the Northern Colorado Water Conservancy
District and the Northern Integrated Supply Project
Water Activity Enterprise.
I, Bradley D. Wind, do hereby certify that the above is a true and correct copy of a Resolution
adopted by the Board of Directors of the Northern Integrated Supply Project Water Activity
Enterprise, Northern Colorado Water Conservancy District at a regular meeting of said Board
held in Berthoud, Colorado, on August 12, 2021.
1. The board has been provided the record of the City of Fort Collins SPAR process including
the application, staff response, and video of the planning and zoning hearing on June 30,
2021 and has considered its contents.
2. The board held a hearing on August 12,2021 at 1:30 p.m. to consider the Northern Water
staff proposal, concerns from the City of Fort Collins, and public comments.
3. In consideration of the information presented at the hearing and the entire record before
the board, the board now resolves that the application disapproved by the Fort Collins
Planning and Zoning Commission is hereby overturned by a vote of not less than two thirds
of the board membership and a site specific development plan as provided in C.R.S. § 24-
68-101, et seq. for the Poudre River Intake and Pipeline is hereby approved.
4. The board approves construction of the Poudre River Intake and Pipeline, including the
following four (4) areas: Poudre River Intake, Pipeline Segment A, Pipeline Segment B,
and Pipeline Segment C and appurtenances within the City of Fort Collins consistent with
the site specific plans as provided in the attached Exhibit B, and acknowledging that the
Poudre Intake and Pipeline may be subject to additional federal or state permitting
requirements.
5. The board directs the staff to continue cooperative conversations with the staff of the City
of Fort Collins concerning the Poudre River Intake and Pipeline.
6. The board directs that this site specific development plan be published in the Fort Collins
Coloradoan within 14 days.
D-1367-08-21
August 12, 2021