Click the link to read the article on the Aspen Times website (Ali Longwell). Here’s an excerpt:
September 20, 2025
The battle over one of the Colorado River’s oldest, non-consumptive water rights continued this week during a 14-hour Colorado Water Conservation Board hearing over whether the rights could be used for the environment. The Colorado River District is seeking to acquire the Shoshone water rights — tied to a hydropower plant on the Colorado River in Glenwood Canyon — from Xcel Energy for $99 million. The River District, a governmental entity representing 15 Western Slope counties, is proposing to add an instream flow agreement to the acquisition, which would allow a certain amount of water to remain in the river for environmental benefits. While the state’s water board — the only entity that can hold an instream flow water right in Colorado — was set to decide on the proposal this week, this was pushed to November after the parties agreed to take more time to reach a consensus on the proposal.
“The exercise of the Shoshone water rights impacts almost every Coloradan,” said Davis Wert, an attorney speaking on behalf of Northern Water.
Northern Water is contesting the instream flow agreement alongside Denver Water, Aurora Water, and Colorado Springs Utilities. These providers rely on transmountain diversions from the Colorado River basin to supply water to their customers…While the hearing did include some back and forth, the entities west and east of the Continental Divide agreed on a few things during the hearing. First, adding an instream flow agreement to the Shoshone right will preserve and improve the natural environment. Second, they want to maintain the status quo on the Colorado River…Michael Gustafson, in-house counsel for Colorado Springs Utilities, said the provider did not oppose the change of the senior Shoshone water right for instream flow purposes “to provide for permanency of the historic Shoshone call and maintenance of the historical Colorado River flow regime…
With that, however, there were a few sticking points during the hearing: who should manage the instream flow agreement — and have the authority to make decisions on Shoshone calls — and how much water has historically been granted as part of the right. The historic flow regime has been highly contested between the parties but will ultimately be determined in the Colorado Water Court proceedings that will conclude the River District’s acquisition. Wert acknowledged this as the Front Range entities presented a historic use analysis that contrasted the preliminary analysis obtained by the River District…The Colorado River District’s proposed instream flow agreement includes a “co-management strategy,” while the contesting Front Range providers want the sole management authority to reside with the Colorado Water Conservation Board.