Expanded county regulation unlikely to address Glade

By Dan MacArthur
North Forty News

Any expanded oversight of major construction projects affecting Larimer County probably wouldn't take effect in time to influence the decision-making process on the proposed Glade Reservoir project.

County commissioners currently are considering a phased approach to adopting more powerful state-authorized 1041 land-use powers named for the legislation that created them.

Neighboring Boulder, Weld and other larger Front Range counties have already adopted the authority. Larimer County now has only a limited "location and extent" review process. County Commissioner Kathay Rennels termed the review "an exercise in politeness" resulting only in a nonbinding recommendation from the planning commission.

Catalysts for the move to adopt 1041 powers are the looming construction of large wind-power facilities in northern Larimer County, Poudre Valley REA's upgrading of electric distribution lines northeast of Fort Collins, and Greeley's plan to drive a 5-foot-diameter pipeline through LaPorte.

"The planning commission was very uncomfortable with the level of controversy," principal planner Jill Bennett said in reference to the pipeline issue. "Something of that level should be heard by the elected officials."

The first phase of 1041 regulations would give the county greater authority to regulate electric generating plants and transmission lines. That proposal currently is scheduled to go before the planning commission at a July 16 public hearing starting at 7 p.m. County commissioners will hold their public hearing Aug. 11 at 6:30 p.m.

In the meantime, the question is, what's next? Should the county first address pipelines, major roads and municipal airports? Or is the authority to influence review of reservoirs such as Glade more immediate?

The key component of the $426 million Northern Integrated Supply Project proposed by the Northern Colorado Water Conservancy District is a reservoir to be located north of LaPorte. It would contain 170,000 acre-feet of water, or slightly more than Horsetooth Reservoir.

Recent release of the long-awaited environmental impact statement for NISP has sparked a scramble among those determined to make their voices heard about the proposal.

Among them are Fort Collins City Council member Ben Manvel. He called it "regrettable" that the commissioners were unwilling to take on additional authority for regulating reservoirs such as Glade.

"The commissioners have a potential power here," he said. "We're choosing not to take those powers. It's like they're leaving a weapon they could pick up."

Commissioner Randy Eubanks agreed but said his fellow commissioners do not share his beliefs. "We differ quite a bit actually on what to do next," he said.

Eubanks said he's convinced it's important that the county acts now. "We should be addressing Glade sooner than later," he asserted.

But Rennels said there's no reason to rush. She said Glade and NISP already will undergo intensive scrutiny by the Army Corps of Engineers under the National Environmental Policy Act far greater than anything the county could impose.

She maintains it's better focusing on the matters at hand before biting off more too soon. "Once we get through this though, we have a template in place and can talk about what comes next," she said.

At the same time, Commissioner Glen Gibson questions whether adopting 1041 powers is necessary at all. He said it appears to be just another costly and unnecessary level of bureaucracy.

"Why isn't our environmental planning process adequate? Do I want to put additional government in there?" Gibson asked.

He contended the real motivation behind adopting further 1041 authority was to obstruct construction of NISP.

"Do we really want to adopt a process to stop a project?" he asked.

Eubanks dismissed that contention, insisting that his intent was not to help defeat NISP, but to assure the county has a "seat at the table" during the debate.