Thornton submits new application for water pipeline in Larimer County. How is it different?

The city of Thornton is making another try at a proposal to build a water pipeline across Larimer County, submitting a new 1041 application to the county on Nov. 20.

The pipeline would take Poudre River water from reservoirs north of Fort Collins through Larimer, Weld and Adams counties to a water treatment plant in Thornton to support the city's growing population.

The city's first application was filed in 2018, and it was modified later that year after commissioners told Thornton to make changes based on their feedback. But the application was eventually denied in 2019 by Larimer County commissioners, who said the project failed to meet seven of the 12 of the criteria set out in the 1041 permit application process.

Thornton sued, and a state appeals court in 2022 upheld a decision by a lower court that favored the county. Thornton chose not to appeal to the Colorado Supreme Court.

At least seven miles of the 70-mile project has already been built outside of Larimer County, Thornton has said.

The city says the new application is unique because Thornton asked community members about what was most important when it comes to site selection and used that information to determine the preferred route.

But opponents of the project still want that water to run through the Poudre River as it flows through Fort Collins.

So what's different this time?

The application is not yet available from the Larimer County Planning Division, but the city of Thornton has posted some information and a map of the preferred route on a project website. The city also sent the Coloradoan its executive summary for the application.

Thornton says the new proposed route through the county is about 10 miles long, 16 miles shorter than what was first proposed in 2018.

That old application was for a "corridor" approach, allowing Thornton to build up to 27 miles of pipeline within the identified corridor. The new application defines a precise route of 10.4 miles.

A pump station would be moved 2 miles north of where it was proposed to land owned by Water Supply and Storage Co.

"This new location is located further away from residential development and recognizes the sentiment expressed by Larimer County residents for the pump station to be located on private non-residential property," Thornton says on the website.

The previous plan proposed putting the pump house on the Douglas Road property of Dick Brauch, a farmer who said it would make his land nonviable for farming, according to previous Coloradoan reporting. In that plan, the pipeline also would have run through eight properties in the Eagle Lake neighborhood. The new route begins north of there.

The new proposed placement affects 20 outside property owners, according to Thornton, whereas the last project crossed 40 properties, according to Todd Barnes, communications director for Thornton.

"Thornton communicated with these property owners for their insight into the best possible location for constructing on their property and followed their recommendations in developing the pipeline alignment," the city said.

The plan incorporates other changes the city proposed after commissioners told the city to go back to the drawing board in late 2018, like locating the pipeline along County Road 56 instead of through Douglas Road and aligning part of it with the proposed pipeline for the Northern Integrated Supply Project, a separate water project.

Thornton says the new application provides precise locations for the pipeline and its parts so residents "can have a clear understanding of potential impacts from the project."

As part of developing the application, Thornton held open houses in Larimer County in August and hired a consultant to get public feedback. More than 180 people attended the meetings.

The consultant sent a survey to more than 400 property owners in the project area in April, and 78 responded.

Thornton said it also listened to concerns about how the project might affect the Poudre River.

But the new application doesn't include any plans to move the water down the Poudre, which is what groups that have opposed the pipeline, like Save the Poudre and No Pipe Dream, have asked for. Implementing that idea could lead to greater flows in the river, creating a healthier environment for wildlife and more opportunities for recreation, proponents say.

But Thornton has said that option doesn't work for them because it could degrade the water quality and make the project more expensive.

Below the point of diversion for the pipeline, "the river collects storm water runoff, agricultural runoff, and discharges from multiple wastewater treatment plants," Thornton wrote on the project website. "While it is possible to treat a degraded source of supply with advanced treatment technologies, this practice presents a higher risk to human health and safety. In addition, these technologies use substantially more energy and chemicals to produce water that meets Safe Drinking Water Act Standards, and consequently leave a much larger environmental footprint than conventional treatment."

In 2019, when Larimer County commissioners denied the permit, the board cited seven points, including that Thornton didn't consider the Poudre River alternative. But 8th Judicial District Judge Stephen Jouard, in his 2021 ruling, found the commissioners had no authority there.

Jouard agreed with commissioners that Thornton officials did not meet three of the criteria required: The plan submitted was not consistent with the county's Master Plan, did not provide reasonable design or siting alternatives, and did not provide an adequate mitigation plan to any adverse environmental effects to the land, according to court documents.

In the new application, Thornton contends any concerns about how the project affects river levels is an issue outside of the county's authority and is under the jurisdiction of a water court.

The city also asserts that because of the court ruling, Larimer County may not consider Thornton’s potential use of eminent domain and "may not require (or criticize Thornton for not including) inclusion of concept of putting water 'down the river.' "

On Tuesday, Jenny Axmacher, planning manager with Larimer County, said staff was still reviewing the application for completeness. The next steps in the process are a staff review and notification of hearings.

Commissioners did not have a comment on the application because they are the decision-makers after hearing from the applicant, staff, planning commission and the public, spokesperson Michelle Bird said.

What opponents of the project are saying

Karen Wagner of No Pipe Dream and Gary Wockner with Save the Poudre, who both oppose the pipeline, still want Thornton to take the water out farther down the Poudre.

"Thornton can be a model citizen of the West by sending their water through Fort Collins in the Poudre, where it will restore natural habitat, wildlife and recreational opportunities, like the downtown water park," Wagner said in a text to the Coloradoan.

"As the word gets out, we expect to turn out the same standing room only crowds that advocated for the Poudre option," she said.

Wockner said 1041 regulations are meant to give counties and municipalities some authority over what gets built, and he contends the county regulations "are pretty clear that you have to provide benefits to the county or you can’t do it."

But he says Thornton's new plan, like its old plan, doesn't provide any benefits to Larimer County.

"They’re just taking water out and putting in a big pipeline," Wockner said.

"This is a huge opportunity to benefit the Poudre River," adding 10% to flows in spring and summer, he said. "Thornton has an opportunity to be the hero rather than the villain."

As for Thornton's comments on the court rulings, Wockner said Save The Poudre disagrees with Thornton and the judge on that point, but the county still has the right to deny a permit if it doesn't meet the requirements.

"They've come back with exact same project" that the county denied, which was upheld by courts, Wockner said.

Why is Thornton using Poudre River water?

Thornton bought more than 100 farms in Larimer and Weld counties in the 1980s to secure their associated Poudre River water rights in order to provide water to its residents.

In recent years, Thornton has been working with cities throughout Larimer, Weld and Adams counties to build a the pipeline to convey the 14,000 acre-feet of water the city owns through the Water Supply and Storage Co. System.

In the 1980s, when the city purchased the farmland, its population was just over 78,000, according to court documents. Today, the community has grown to roughly 150,000 people and will require this water supply by 2027.

The stalled project has already delayed two affordable housing projects, according to Thornton, and developers there must sign risk agreements acknowledging the city may refuse permits if adequate water supply doesn't exist.

The water from Larimer and Weld counties should support the city until 2065, Thornton said.

The city says there will be no change in the level of historic diversions from the Poudre associated with the pipeline because that water has been coming out since the late 1800s.

Larimer County's 1041 permit requirements

The the criteria for 1041 permits in Larimer County can be found in Article 10, Sections 9 and 10 of the county land use code. The requirements were updated in 2022.

Editor's note: This story has been corrected to bring information pulled from previous Coloradoan reporting up-to-date, including Thornton's population, when it needs the water and the county's 1041 regulations. It also corrects information about the length of the pipeline in the 2018 proposal and the number of properties that would have been affected by it.

This article originally appeared on Fort Collins Coloradoan: Thornton submits new application for water pipeline in Larimer County