A district court’s decision to dismiss a lawsuit trying to block the construction of a water pipeline from the Cache La Poudre River in Larimer County to Thornton means the project can continue as planned, city officials said Monday.
The Larimer County District Court on Thursday ruled in favor of the City of Thornton and the Larimer County Commissioners who in May approved the Larimer portion of the 70-mile pipeline which will divert water from the Cache La Poudre to help feed housing growth in Thornton.
Environmental group Save The Poudre filed a lawsuit claiming that commissioners should have required that Thornton send the water down the Poudre River in Fort Collins instead of putting it in a pipeline. The commissioner’s decision violated multiple sections of the county’s land use code, according to Save The Poudre.
But the Larimer District court said Save The Poudre offered their opposition to the commissioner’s decision, but no evidence the board abused its discretion in granting the 1041 permit for the pipeline project, Thornton city officials said in a news release.
”Mere disagreements with the conclusions reached does not render a Board’s judgment an abuse of discretion, nor may this Court reweigh the evidence or substitute our own judgment of that of the (Board of Commissioners),” the court states.
“We appreciate that the court provided a comprehensive evaluation of the facts in this case and found that both the city of Thornton and Larimer County abided by and complied with all County regulations and state laws,” said Thornton City Attorney Tami Yellico in the news release. “When the city of Thornton engaged with Larimer County for this permit, both governments took intentional initiative and time to understand the complexities of the project and its impacts. This engagement between two governments provided deep insight and consideration for how to best meet the concerns and needs of both the communities represented.”
“With this court proceeding complete and the court’s finding finalized, Thornton will keep its focus on constructing the Thornton Water Project in order to deliver the high-quality water that the community owns to ensure safe and clean drinking water for its customers,” states a City of Thornton news release.
Key to Thornton development
The Larimer Commissioners in May approved the final 10-mile section of the 70-mile pipeline, which has been the focus of controversy for over a decade. Thornton bought the water rights to the river in 1986 and city officials say the water they are conveying is already being diverted at a point at the Larimer County canal.
Thornton officials say the river’s water will be key in helping develop housing projects in the city for years to come while critics have said diverting water from the Cache La Poudre would damage and drain the river.
But Thornton officials point out that the granting of the 1041 permit for the pipeline project came after two lengthy public hearings along with meetings with Larimer County residents to ease fears about the impact of the pipeline. The commissioners also added 83 conditions the city must meet to mitigate the effects of the pipeline.
The rest of the pipeline will run through Weld and Adams County before ending south of Thornton. No additional diversions will be made once the pipeline is built, officials say.
The pipeline – called the Thornton Water Project – is expected to begin delivering water to Thornton in 2028.