A ruling from the Larimer County District Court has allowed the city of Thornton to move forward with its controversial pipeline project intended to deliver water from northern Larimer County. The decision, issued on July 3, 2023, dismissed a lawsuit filed by Save the Poudre, a nonprofit environmental group that claimed the Larimer County Board of Commissioners mishandled the permit application process.
The court’s ruling permits Thornton to continue work on the pipeline, which is essential for ongoing development projects that had stalled due to uncertainty about water supply. Gary Wockner, Executive Director of Save the Poudre, stated that the organization is considering an appeal against the court’s decision.
Thornton’s efforts to establish this pipeline date back to the 1980s when the city purchased water rights in northern Larimer County. The project is designed to transport water necessary for the city’s expansion, enabling new developments in the growing suburb. Given that the pipeline will traverse Larimer County, Thornton required a 1041 permit, which governs local permitting for statewide activities.
Thornton first applied for this permit in 2019, but the Larimer County Commissioners deemed the application incomplete and rejected it. This decision was later upheld by the Colorado Court of Appeals. In 2023, Thornton submitted a revised permit application, which was approved unanimously by a new board of commissioners in May 2024. Despite their approval, the commissioners expressed dissatisfaction with the outcome but felt compelled to vote in favor as the application met all legal requirements.
In response, Save the Poudre initiated legal action last summer, alleging that the board had “abused its discretion” during public hearings, particularly by not requiring Thornton to consider a “Poudre River Option.” This alternative proposed that water should flow downstream along the Poudre River rather than through the pipeline. Thornton has maintained that this option is not feasible, as it would expose drinking water to pollutants and create logistical challenges related to storage.
Brett Henry, Executive Director of Utilities and Infrastructure for Thornton, emphasized the potential risks associated with allowing drinking water to pass through urban areas. He stated, “Deliberately polluting water that you’re going to drink is not a good idea, and not something any utility would do in the country.”
The court ultimately ruled in favor of the Larimer County Commissioners, affirming their authority to approve the permit without being compelled to consider alternative options. The judge noted that the mere existence of the Poudre River Option did not necessitate its evaluation under the circumstances.
Henry expressed optimism about the ruling, stating, “I think it really validates the work that Thornton and Larimer County did through the very long process.” Conversely, Wockner criticized the decision, asserting that the Poudre River Option represents a more reasonable solution that would benefit both Thornton and the river ecosystem.
As Thornton prepares to proceed with the pipeline project, the outcome of Save the Poudre’s potential appeal remains uncertain, highlighting the ongoing tension between development and environmental concerns in the region.
