Colorado environment group sues Army Corps of Engineers over $2B river diversion plan

Environmental groups in Colorado are asking a federal judge to cancel a $2 billion plan to divert river water to growing northern communities.

Last week, the nonprofit organization Save the Poodle lawsuit In U.S. District Court in Denver, the U.S. Army Corps of Engineers argued that it should not have issued a permit for the project carried out by Northern Water.

This project is called Northern integrated supply projectincludes building two new reservoirs and piping 40,000 acre-feet of additional water to 15 suppliers in northern Colorado. For reference, the typical household in the United States uses about 1 acre-foot of water each year.

Estimating that the region’s population could double by 2050, the utility stressed the need to increase the region’s water supply and ensure a “quality lifestyle” for future residents. did.

The first of two planned reservoirs, Glade Reservoir near Fort Collins, would store water diverted from the Cache la Poudre River, the focus of environmental groups’ lawsuit.

Meanwhile, Galeton Reservoir will store water diverted from the South Platte River and will be located adjacent to the city of Greeley.

Last week’s lawsuit comes “in the midst of a second decade of failures and long delays in permitting NISP profiteers,” the plaintiffs said.

Their filing accused the Army Corps of Engineers of violating the National Environmental Policy Act (NEPA) and the Clean Water Act when it granted permits to Northern Water.

According to the lawsuit, the permits in question included the construction and operation of “mega dams,” reservoirs, and waterway diversions. Article 404 Provisions of the Clean Water Act.

According to the Environmental Protection Agency, this provision regulates the release of dredged or fill material into U.S. waters and requires a permit before such activities can occur. The Army Corps of Engineers is responsible for administering section 404 permitting decisions and enforcing related provisions pursuant to that section.

The lawsuit accuses the Army Corps of Engineers of failing to conduct an adequate environmental impact statement (EIS), while claiming the company “moved full steam ahead” without considering the compromise proposed by the plaintiffs.

The solution, proposed by Save the Poudre in 2022, provided support for a plan to send all water downstream into the Poudre River, rather than diverting it via a pipeline.

The plaintiffs expressed concern that the current plan could “degrade the Cache la Poudre River,” threaten wetlands, negatively impact recreational activities, and degrade water quality.

“The ecological consequences would be staggering,” the lawsuit says.

The lawsuit estimates that the project will divert about 35 percent of the river’s water that flows through Fort Collins each year. In some months, that number can reach 65 percent of the city’s remaining flow, the plaintiffs noted.

“After 20 years, we have no choice but to file this lawsuit and fight it in court, which will likely take several more years,” said Save the Poodle Director Gary Wockner. statement.

Northern Water first set out to permit process Toward the Northern Integrated Supply Project August 2004 — Publish draft EIS April 2008Supplementary Draft EIS June 2015 And the final EIS is July 2018.

The environmental assessment evaluated more than 200 total water storage facilities and 16 potential sources, and the final EIS considered four project alternatives, according to the Army Corps of Engineers.

After years of opposition from environmental groups and infrastructure delays in neighboring municipalities, the Corps finally issued a Section 404 permit. December 2022.

“Northern Water has not had an opportunity to review the issues raised in the lawsuit against the federal government,” Jeff Starla, a spokesperson for the company, said in an emailed statement.

But the statement expressed confidence in the Corps’ comprehensive work, saying any permit issued for the project “will be validated based on the detailed work done over many years and the extensive mitigation measures included.” Ta.

“”infact and fictionIn the ‘ section of the project website, Northern Water highlighted that strategic water releases from the proposed Glade Reservoir would ‘help improve the flow of the Poudre River even in times of drought’.

The Hill has contacted the U.S. Army Corps of Engineers for comment.