Fort Collins weighs entering NISP negotiations

The latest chapter in the long-running debate over the Northern Integrated Supply Project, or NISP, centers on who should be talking about the project.

At issue is whether the city of Fort Collins should potentially enter into negotiations with NISP's main proponent, the Northern Colorado Water Conservancy District, on how to mitigate the project’s impacts on the Poudre River within the city.

City staff members have proposed beginning in-depth discussions with Northern Water to explore areas of “mutual interest” and possibly negotiate an agreement. City Council would have to approve any agreement, if one were reached.

Discussions with Northern Water, if approved by council, would be lengthy and touch on “endlessly complicated” details, said John Stokes, director of the city’s Natural Areas Department.

Fort Collins is not among the 15 municipalities and water districts participating in NISP, though as a stakeholder it has been involved with the project’s permitting process for many years.

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In 2008 and 2015, the city submitted comments critical of the project to the U.S. Army Corps of Engineers, which is overseeing the Environmental Impact Statement process for NISP.

The Corps and other state and federal agencies will be involved in determining mitigation measures for NISP, which would reduce flows on the Poudre through the city 20 percent a year on average and 30 percent during peak flows in spring.

Experience tells the city it cannot rely on other entities to look out for the best interests of Fort Collins in assessing the negative impacts of NISP through town, Stokes said during a recent city-sponsored open house.

“They are not likely, in our view, to require mitigation at a level that we think would be important to the city if we didn’t negotiate,” Stokes said.

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Opponents of the project — primarily the group Save the Poudre — say the city should not discuss mitigation with Northern Water because NISP would be so damaging it cannot be adequately mitigated. Critics worry an agreement between the city and Northern Water might facilitate permitting of the project.

“We think the city, instead of negotiating for mitigation, they should try to oppose the project and oppose it strongly,” said Gary Wockner, director of Save the Poudre. “It’s the only reasonable alternative to move forward.”

The group’s supporters have sent hundreds of emails to the Fort Collins City Council urging it to reject the staff proposal. Council is scheduled to consider a resolution giving staff direction on Tuesday.

NISP would draw water from the Poudre River and store it in Glade Reservoir, which would be built northwest of Fort Collins. Glade would be about the size of Horsetooth Reservoir.

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The Fort Collins-Loveland Water District, which serves southeast Fort Collins, and the town of Windsor are participants in the project. Other participants are in Weld, Boulder and Morgan counties.

A second reservoir — Galeton – would be built near Greeley as part of NISP and draw from the South Platte River. The massive project would include water-exchange agreements with major regional ditch companies that supply water for agriculture.

Proponents say NISP is needed to meet the need for water brought on by regional growth. Opponents say it would be too environmentally damaging; other approaches should be pursued, such as increased conservation and other forms of water storage.

The final Environmental Impact Statement, or EIS, for the project is expected to be released by the Corps later this year. A record of decision on whether the project may be permitted is expected in 2018.

If the project is permitted, construction could begin in 2025, city officials say.

Discussions and negotiations between the city and Northern Water would be outside of the permitting process, said John Urbanic, project manager with the Corps of Engineers.

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Mitigation of environmental impacts are part of the permitting process. It’s possible a mitigation agreement between the city and Northern Water could be included in the permit, Urbanic stated in an email to the Coloradoan.

Whether an agreement would facilitate a permit being issued “depends on what’s in the agreement,” he said.

Fort Collins’ focus regarding NISP is on the area crossed by the river between the mouth of the Poudre Canyon and Interstate 25. The city owns several natural areas along the river corridor.

Stokes said the city has many concerns about the impacts of lowering baseline and peak flows on the Poudre, including:

• Reduced water quality and additional stresses on city water treatment facilities
• Reductions in the health of the river’s ecology and biological resources
• Reductions in the river’s ability to convey flood water
• Diminished recreation and aesthetics

Specifics of what city staff would seek from Northern Water through negotiations and what it might have to do in return have not been determined, Stokes said.

About 200 people attended a city-sponsored open house on the issue Monday at the Lincoln Center. Longstanding opponents and proponents of NISP were on hand, stating familiar positions.

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For Ralph Waldo, longtime local resident and a retired Realtor, the answer on NISP is simple: Just build it.

“It’s important for our future,” he said. “This is a growing place.”

Negotiating with Northern Water to achieve a better outcome for the project only makes sense, he said.

“Why not? I’m concerned that they will miss an opportunity,” Waldo said.

However, 27-year resident David Tweedale said he’s skeptical about the benefit that would come from direct negotiations with Northern Water given the city’s lack of power over the project.

“Maybe we should get the best deal that we can considering we have no real say in anything,” Tweedale said.

NISP is not necessary, he said. If it were permitted, the project would likely be tied up in court for years.

“Deep down I really hope this thing fails,” he said. “I hope that the Corps comes down and says, ‘You know what; we’re not going to do this.’ ”

Kevin Duggan is a Coloradoan senior reporter covering local government. Follow him on Twitter, @coloradoan_dugg, and on Facebook at Coloradoan Kevin Duggan.

What’s next

The Fort Collins City Council is scheduled to consider a resolution directing city staff to potentially negotiate with Northern Water regarding mitigation of the Northern Integrated Supply Project, or NISP.

The council’s meeting will start at 6 p.m. Tuesday at city hall, 300 Laporte Ave. The meeting will be broadcast on FCTV, cable channels 14 and 881.

By the numbers

For the Northern Integrated Supply Project (NISP):

• 15 – participating regional municipalities and water districts
• 40,000 acre-feet – annual projected yield. An acre foot is about 326,000 gallons, enough to meet the annual needs of three to four urban households
• 170,000 acre feet – capacity of Glade Reservoir
• 215,000 acre feet – total storage capacity for NISP, including Galeton Reservoir
• $600 million – projected cost as of April 2016