Larimer commissioners question Thornton about pipeline. Here's when a decision could come
After taking a second round of public comment on the Thornton pipeline project Monday night, Larimer County commissioners will resume their hearing Wednesday, when they could make their decision on whether to approve or deny the 1041 application.
This is the second application from the city of Thornton for that project in six years.
Larimer County commissioners rejected the first application in 2019, and Thornton sued. Eventually, the Colorado Court of Appeals upheld the county's decision.
The project would convey Poudre River water to Thornton through Larimer, Weld and Adams counties. The city got the water rights through its purchase of Weld County farmland in the 1980s.
Get caught up: Missed the first public hearing for Thornton’s 1041 water pipeline application? Here’s a recap
What the public said about the Thornton pipeline Monday
About 25 people spoke against the pipeline project Monday night and implored commissioners to reject the 1041 application, which allows local governments to have permitting power for development projects with statewide interest.
Most of those who spoke said Thornton should run its water through the Poudre River rather than building a pipeline.
Many conceded that the city has rights to the water rights, but they said it doesn't have the right to disturb Larimer County properties and wildlife.
Residents shared their concerns about the pipeline's effects on things like wildlife and habitat, wetlands, soil, flooding, trees, existing infrastructure like canals and the Poudre River.
Michael Anthony, whose property is close to the proposed route, showed photos of the land while addressing commissioners, pointing out potential vulnerabilities.
Several people who spoke suggested Thornton use the current Water Supply and Storage Co. canals to deliver its water to the farms it purchased for the water rights, saying the city can convey the water once is gets to their land.
And many spoke of their love for the Poudre and their desire to maintain its health and vibrancy for future generations.
What Thornton said Monday
Addressing the Poudre River concerns, Carolynne White, the city's legal representative from the Brownstein firm, said the project doesn't affect the Poudre River at all because it wouldn't divert any additional water.
Todd Barnes, communications director for Thornton, said the water is already diverted and stored in reservoirs.
He also said most of the public comments were focused on things that fall outside of the issue at hand, which is the application criteria.
There are 49 criteria and subcriteria that Thornton must show it can meet, and Barnes said residents didn't demonstrate how the city is missing the mark.
He said while most of the public commenters Monday asked for the so-called "Poudre River option," the city's 1041 application doesn't require it to provide enhancements like that. And White said going that route would require a modification of the city's water rights, which she said is prohibited by 1041 statute.
Barnes told commissioners that denying Thornton's application would do nothing to protect the Poudre. But he said approving it would allow the county to reap the benefits Thornton is offering as part of its application, which includes contributing to a Poudre River enhancement fund and conserving land according to the county's open lands plan.
Barnes also said Thornton is part of a program to add to and protect flows in the Poudre.
Finally, Thornton representatives addressed claims made during public comment that they said were incorrect.
White said while some people apparently believe Thornton is building two or even three pipelines, it's building only one.
What Larimer County commissioners wanted to know
Commissioners asked questions about some of the property owners' specific concerns, and they requested information on planned mitigation for things like crops, soil, revegetation, wetlands, pinch points with other infrastructure.
They also asked questions about a condition Thornton has proposed that would allow it to make minor adjustments to the path of the pipeline on a property as long as a property owner approves it.
Commissioner John Kefalas asked how the Thornton project could coincide with the Northern Integrated Supply Project pipeline to prevent property owners from going through two bouts of construction.
"Is there some level of assurance that that's what you're going to try to work towards?" he asked.
The NISP project is being contested in court, and that could affect timing, White said.
Commissioner Kristin Stephens asked about Thornton's plans to mitigate carbon emissions.
What's next?
The continued hearing will be at 6 p.m. Wednesday, May 8, in the First-Floor Hearing Room of the Larimer County Administrative Services Building, 200 W. Oak St. in Fort Collins. The meeting will be livestreamed and recorded for on-demand viewing on FCTV and YouTube.
The public comment portion of the hearing, which began April 22 and was continued to Monday, is now closed.
On Wednesday, commissioners will have more time to ask Thornton representatives questions and could make a decision.
County staff are recommending approval of the application, with the addition of 76 conditions. Thornton has also proposed new conditions.
The Larimer County Planning Commission also recommends approval.
This article originally appeared on Fort Collins Coloradoan: Larimer County's decision on Thornton pipeline could come Wednesday
