Click the link to read the article on The Grand Junction Daily Sentinel website (Dennis Webb). Here’s an excerpt:
Nov 20, 2023
Colorado Attorney General Phil Weiser this week expressed reservations about the Colorado River District’s proposal to acquire major senior water rights associated with the Shoshone hydroelectric power plant in Glenwood Canyon, voicing discomfort with the idea of a proposed instream flow right not being owned by the state. Speaking at a Colorado Water Conservation Board meeting, Weiser told river district General Counsel Peter Fleming that the ordinary structure in Colorado is for the state, through the state board, to own instream flow rights…
The proposal is for the river district to lease the acquired water rights back to Xcel for operation of the plant. The river district proposes that it and the CWCB would apply to state water court to get an alternate beneficial purpose of an instream flow added to the Shoshone water rights, to ensure the ability to keep the water in the river when it isn’t used for power generation, such as when the power plant is undergoing repairs. Although water entities already have agreed to generally keep water flowing as if the plant is in operation even when it is shut down, the river district and partners are seeking to protect those historic flows permanently, including in the case of the plant closing…
Fleming said the river district’s position is that the river district would assign the state the right to use the water rights for instream flows. He said that effectively the state would hold the right to use the water for instream purposes, but the only caveat is that Xcel wants to use the water for hydropower as long as the plant is operating, and the river district as the owner of the water rights would lease to Xcel the right to use the water…
Fleming said that although the CWCB ordinarily owns instream flow rights, state law also lets water users loan water to the CWCB for instream flows on a temporary basis, and other types of agreements also are in place. He said state law contemplates the state board using any means of acquiring the right to use instream flows, whether it be via loans, donations, acquisitions or obtaining “any sub-interest in the water right.”
[…]
Said Weiser, “What I don’t understand is why you’re talking at all about owning a title for something that’s use is in perpetuity and ordinarily managed by the state. That is not quite making sense to me as something that is outside of the way we tend to operate.” Weiser said the river district’s goal of getting to a status quo that’s sustainable for the Western Slope “seems to be accomplished by an instream flow right that is owned by the state and this body (the CWCB).”