Day: November 21, 2025

The #Colorado Water Conservation Board Approves Historic Agreement to Safeguard #ColoradoRiver Water Rights — Lindsay DeFrates (Colorado River District) #COriver #aridification

This historical photo shows the penstocks of the Shoshone power plant above the Colorado River. A coalition led by the Colorado River District is seeking to purchase the water rights associated with the plant. Credit: Library of Congress photo

Click the link to read the release on the Colorado River District website (Lindsay DeFrates):

The acceptance of the Shoshone water rights marks a landmark partnership between the State of Colorado and the western slope.

Today, Wednesday, November 19, the Colorado Water Conservation Board (CWCB) voted unanimously to accept the joint offer by the Colorado River District and Public Service Company of Colorado (PSCo) of a perpetual interest in the use of the Shoshone Water Rights for instream flow purposes.

Once confirmed by water court, this acquisition will create the largest environmental water right in the state’s history and permanently protect the historic flow of the Colorado River.

“The importance of today’s vote cannot be overstated as a legacy decision for Colorado water and the western slope. It secures an essential foundation for the health of the Colorado River and the communities it sustains,” said Andy Mueller, General Manager of the Colorado River District. “We continue to be impressed by, and thankful for, the broad coalition of voices that have come together in support of protecting the Shoshone Water Rights. Without them, we would not have been able to meet this historic milestone.”

“Today, the CWCB demonstrated its deep commitment to Colorado’s water security by taking bold, permanent action to protect our namesake river. We are proud to stand with the State and with our many partners across the West Slope in securing these flows for the benefit of all Coloradans,” said Sen. Marc Catlin, president of the Colorado River District Board of Directors. “This agreement strengthens water security for hundreds of communities within our state and represents a proactive, durable solution for the 40 million people who rely on the Colorado River downstream. The Shoshone Water Rights Preservation Project keeps the river as whole as possible, keeping water in its natural basin and safeguarding this lifeline for generations to come.”

The board’s decision today was the final step in the instream flow acquisition process that began with the formal offer in May 2025. Following a contested hearing in September – requested by four Front Range water entities – the Colorado River District and PSCo granted the CWCB additional time to continue deliberations and fully consider the historic proposal and partnership at their November meeting.

35 entities filed for party status in support of the Shoshone Water Rights ISF proposal. These include West Slope towns and counties, water districts, as well as local and regional non-profits. Over 400 positive public comments were also submitted over the summer.

“Today’s decision by the CWCB is a tremendous step forward for the health of the Colorado River and the communities that rely on it,” said Senator Dylan Roberts. “The Shoshone Permanency effort reflects years of collaboration and a shared commitment to protecting our headwaters, and I’m grateful to all the partners who brought us to this point. There is still important work ahead, but this vote positions Colorado to take advantage of the years of effort and protects these flows for generations to come.”

“The Shoshone water rights are a lifeline for western Colorado,” said Mesa County Commissioner Bobbie Daniel. “Our farmers, ranchers, recreation enthusiasts, and energy producers depend on this water, and we are proud to see the CWCB support this project. These flows are the future of our families and communities, and now, more than ever, it is critical that we are doing everything we can to protect them.”

Xcel Energy provided the following statement: “Xcel Energy recognizes the significant collaboration and effort that brought us to today’s decision by the Colorado Water Conservation Board. We appreciate the engagement from all parties throughout this process and look forward to continuing the work ahead. This agreement represents an important step in ensuring reliable, clean energy for the communities we serve while supporting responsible stewardship of Colorado’s water resources.”

The CWCB also issued their own press release, which is available on their website here: https://cwcb.colorado.gov/category/news-articles

In December 2023, the Colorado River District and Public Service Company of Colorado (PSCo), a subsidiary of Xcel Energy, entered into a $99 million Purchase and Sale Agreement (PSA) to acquire the historic Shoshone Water Rights, senior (1902) and junior (1929) non-consumptive rights that stabilize flows on the upper Colorado River. The PSA is the product of decades of work by the statewide Shoshone Water Right Preservation Coalition.

To close the transaction, the PSA requires four conditions: execution of an Instream Flow Agreement with the CWCB (approved today), receipt of a water court decree approving the change of water rights, securing commitment of full project funding ($99 million), and approval from the Colorado Public Utilities Commission. So far, the Shoshone Water Rights Coalition has secured commitments of over $57 million from West Slope entities, the State of Colorado, and the Colorado River District’s Community Funding Partnership. The Bureau of Reclamation awarded the project $40 million through the Inflation Reduction Act Funds in January 2025 – those funds remain under review by the current administration.

Today’s CWCB decision fulfills that critical Instream Flow Agreement requirement, moving the project significantly closer to final completion and the permanent protection of the Shoshone flows.  The River District, PSCo, and the CWCB will be initiating the water court process to add instream flow use to the Shoshone water rights. The River District and its full coalition of supporters will also be turning their focus on fully securing the previously awarded federal funds.

Colorado River Basin in Colorado via the Colorado Geological Survey

The #Colorado Water Conservation Board votes yes on Shoshone: The #ColoradoRiver District will retain some control over management of powerful water rights — Heather Sackett (AspenJournalism.org) #COriver #arification

River District General Manager Andy Mueller speaks to the Colorado Water Conservation Board in front of a packed house Wednesday. The board voted unanimously to accept water rights tied to the Shoshone hydropower plant to benefit the environment. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM

Click the link to read the article on the Aspen Journalism website (Heather Sackett):

November 20, 2025

In a historic move Wednesday evening, the state water board voted unanimously to accept water rights tied to the Shoshone hydropower plant, a major step toward securing those flows in perpetuity for the Western Slope.

The Colorado Water Conservation Board said the Shoshone water rights, which are some of the oldest and most powerful on the mainstem of the Colorado River, can be used to benefit the environment. 

“The Shoshone acquisition makes a lot of sense to me, and I’m very proud to be a part of the work that everybody’s put into it,” said Mike Camblin, who represents the Yampa, White and Green river basins on the CWCB. “I hope that our children and our grandchildren look back and realize we made the right decision on this.”

The Glenwood Springs-based Colorado River Water Conservation District plans to purchase the Shoshone water rights for $99 million from Xcel Energy, but the district first needed the approval of the CWCB, which is the only entity in the state allowed to hold instream-flow water rights to benefit the environment. Because the water is returned to the river after it runs through the hydroplant’s turbines, downstream cities, irrigators, recreators and the environment all benefit.

River District General Manager Andy Mueller called it a fantastic day in Colorado history. 

“I think that was the right decision for the Colorado River and the right decision for our whole state,” Mueller said. “I think the state for generations to come, centuries in the future will benefit from having that water in the Colorado River.”

Importantly, the instream-flow agreement approved by the board says that the Western Slope, along with the CWCB, will retain some control over exercising the rights. The River District and its constituents drew a hard line in the sand regarding this point and said they would walk away from the deal if they had to cede control solely to the CWCB.

Though not totally unprecedented, co-management is a departure from the norm, as the CWCB has never shared management of an instream-flow water right this large or this powerful with another entity. 

In attendance at Wednesday’s CWCB meeting in Golden were representatives of ditch companies, elected officials and water managers from across the River District’s 15-county area. Some of the attendees said during their public comments that if the River District didn’t retain some control over the water rights, they would pull their funding and withdraw their support from the Shoshone campaign. 

Mesa County Commissioner Bobbie Daniel said the joint-management proposal is a safeguard that ensures that Western Slope interests are not pushed aside. Mesa County has committed $1 million toward the purchase of the water rights.

“The Shoshone call is one of the great stabilizing forces on the river, a heartbeat that has kept our valley farms alive, our communities whole and our economy steady, even in lean years,” Daniel said. “If a joint management is not adopted, Mesa County will withdraw its support for this acquisition. It’s not out of anger or politics, but because anything less would fail the people that we serve.”

The Shoshone hydropower plant in Glenwood Canyon has some of the oldest and most powerful nonconsumptive water rights on the Colorado River. A broad coalition of Western Slope entities support the River District purchasing the rights. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM

Blow to the Front Range

The CWCB’s decision was a blow to Front Range water providers, who objected to the River District’s having a say over how to manage the water rights, even though they supported the overall goal of protecting flows for the environment. Denver Water, Northern Water, Aurora Water and Colorado Springs Utilities argued that the CWCB has exclusive authority over the rights, according to state statute. 

Critically, because the Shoshone plant’s water rights — one that dates to 1902 for 1,250 cubic feet per second and another that dates to 1929 for 158 cfs — are senior to many other water users, they have the ability to command the flows of the Colorado River and its tributaries upstream all the way to the headwaters. This means that the owners of the rights can “call out” junior Front Range water providers with younger water rights that take water across the Continental Divide via transmountain diversions and force them to cut back. 

The fact that Front Range water providers take about 500,000 acre-feet annually from the headwaters of the Colorado River is a sore spot for many on the Western Slope, who feel the growth of Front Range cities has come at their expense. These transmountain diversions can leave Western Slope streams depleted. 

The Shoshone call pulls water west much of the time. But the Front Range parties wanted assurances that during extreme droughts or emergency situations, the call would be “relaxed,” allowing them to take more water to their cities’ millions of customers. 

Alex Davis, assistant general manager with Aurora Water, said the CWCB should retain the ability to relax the call as a “backstop” under extremely rare circumstances. 

“It is asking that in those emergency situations, the board has the ability to step in and say: We’re going to do what we think is best for the state of Colorado,” Davis said.

The agreement approved by the board lays out a collaborative process to consider a call relaxation, with a stakeholder panel of water managers from both sides of the divide. The specific wording of this agreement was hashed out during Wednesday’s meeting, with lawyers representing the CWCB and River District conferencing to tweak language and make edits.

Colorado Water Conservation Board member representing the Arkansas River basin Greg Felt, left, talks with River District General Manager Andy Mueller Wednesday after the board voted to accept the Shoshone water rights for instream flow purposes. The move represents a major step toward securing those rights in perpetuity for the Western Slope. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM

The CWCB had been set to decide on the Shoshone rights at its meeting in September, but the River District granted an eleventh-hour 60-day extension so they could address issues raised by the board and try to negotiate a consensus with the Front Range parties. 

Despite all the detailed arguments laid out by the parties, thousands of pages of technical and legal documents, and hours of testimony and public comment over the September and November CWCB meetings, the board’s scope of decisionmaking remained narrow: Should the CWCB accept a perpetual interest in the Shoshone water rights and will these rights preserve the natural environment to a reasonable degree? 

In the end, the board decided yes, and also determined that it did, in fact, have the authority to allow the River District to co-manage the Shoshone water rights alongside it.

“I really think it’s pretty incredible that there’s no objection to the environmental aspects of this flow and the purpose of this water right for environmental purposes,” said CWCB Director Taylor Hawes, who represents the mainstem of the Colorado River where the Shoshone plant is located. “(The River District is) donating that water right. It seems like they should have a say. And while I realize this case is unique, I don’t see anything in the statute or the rules that prohibits us from doing this.”

But the fight to keep Shoshone flowing west is not over for the River District. The CWCB, River District and the water rights’ current owner, Xcel, now plan to file a joint application in water court to make the deal official by adding the instream-flow use to the water rights. 

The water court process will decide another contentious issue that is sure to again highlight disagreement between the Western Slope and Front Range as they compete for the state’s dwindling water resources: precisely how much water is associated with the water rights, a number based on the plant’s past use.

“I also very much understand the concerns of both sides of the divide in not wanting the other side to have a windfall,” Hawes said. “That has been kind of the heart of all of this. And I hope we can all trust that the water court’s process will give us a result where we don’t have to worry about that. Everyone’s concerns will be addressed in that process.”

View of Shoshone Hydroelectric Plant construction in Glenwood Canyon (Garfield County) Colorado; shows the Colorado River, the dam, sheds, a footbridge, and the workmen’s camp. Creator: McClure, Louis Charles, 1867-1957. Credit: Denver Public Library Digital Collections

The #Colorado Water Conservation Board says “yes” to $99M Western Slope plan for Shoshone Power Plant’s water rights — Shannon Mullane (Fresh Water News) #ColoradoRiver #COriver #aridification

Shoshone Falls hydroelectric generation station via USGenWeb

Click the link to read the article on the Water Education Colorado website (Shannon Mullane):

November 20, 2025

 In a momentous decision for the Western Slope, state water officials unanimously approved a controversial proposal to use two coveted Colorado River water rights to help the river itself.

Members of the Colorado Water Conservation Board voted to accept water rights tied to Shoshone Power Plant into its Instream Flow Program, which aims to keep water in streams to help the environment.

The decision Wednesday is a historic step forward in western Colorado’s yearslong effort to secure the $99 million rights permanently. But some Front Range water providers pushed back during the hearings, worried that the deal could hamper their ability to manage the water supply for millions of Colorado customers.

For the state, the two water rights will be a crown jewel in its five-decade environmental effort to help river ecosystems. It’s one of several steps in the agreement process, and it could take years before the river feels that environmental benefit.

“The Shoshone acquisition makes a lot of sense to me, and I’m very proud of the work that everybody’s put into it,” said Mike Camblin, who represents the Yampa and White river basins on the Colorado Water Conservation Board. “I hope that our children and our grandchildren look back at this and realize we made the right decision.”

Over 100 Colorado water professionals and community members gathered in Golden for a six-hour hearing about the environmental proposal, brought forward by the Colorado River District, which represents 15 counties on the Western Slope.

The small hydropower plant off Interstate 70 near Glenwood Springs has used Colorado River water to generate electricity for over a century. But the aging facility has a history of maintenance issues, and Western Slope water watchers have long worried about what happens to the rights if it were to shut down for good.

The Colorado River District wants to add the environmental use as part of a larger plan to maintain the “status quo” flow of water past the power plant, regardless of how long it remains in operation.

Western Slope communities, farms, ranches, endangered species programs and recreational industries have become dependent on those flows over the decades and broadly supported the district’s proposal.

From left, Hollie Velasquez Horvath, Kathy Chandler-Henry, and Andy Mueller, general manager of the River District, at the kickoff event Tuesday [December 19, 2023] for the Shoshone Water Right Preservation Campaign in Glenwood Springs. CREDIT: HEATHER SACKETT/ASPEN JOURNALISM

“I’m good. I’m much more relaxed now,” Andy Mueller, the district’s general manager, said after the vote Wednesday. “The reality is, we have set up our state, through this instream flow agreement, for success for centuries on the Colorado River.”

Some powerhouses in Colorado water support the general permanency effort but oppose parts of the agreement. Northern Water, Colorado Springs Utilities, Denver Water and Aurora Water said the proposal would give the Colorado River District too much sway in decisions that would impact them.

These water managers and providers are responsible for delivering reliable water to millions of people, businesses, farms and ranches across the Front Range. Any change to Shoshone’s water rights could have ripple effects that would affect over 10,000 upstream water rights, including some held by Front Range water groups.

The negotiations over the agreement continued throughout the meeting. Board members had about 24 hours to review a stack of documents marked with tweaked phrasing and proposed edits.

Both sides are concerned that the other could get a water windfall through the agreement, said Taylor Hawes, who represents the Colorado River on the board. Those concerns can be addressed in the next step of the process: Water Court.

“That has been the heart of all of this,” Hawes said. “I hope we can all trust that the water court’s process will give us a result where we don’t have to worry about that.”

Who will control the flow of water?

The Colorado Water Conservation Board was supposed to make its final ruling on the environmental use proposal in September. Then Public Service Company of Colorado, the Xcel subsidiary that owns the rights, and the Colorado River District filed an 11th-hour extension to delay until the meeting Wednesday.

That’s, in part, because they needed more time to address a central conflict in the agreement: Who makes the final decisions when managing the powerful rights?

Shoshone uses two rights to access the Colorado River: one for 1,250 cubic feet per second that dates back to 1905, and a right to 158 cubic feet per second that dates back to 1940.

They amount to a big chunk of water. Plus, these rights can be used year-round, and they supersede more recent, junior rights like several held by Front Range water providers.

Under the agreement, the water rights will be co-managed by the Colorado River District and the Colorado Water Conservation Board.

Western Slope parties were adamant about this. Several speakers said they would pull their funding, and there would be no agreement if the River District did not have a say in how the water rights would be used.

“If joint management is not adopted, Mesa County will withdraw its support for this acquisition,” Bobbie Daniel, Mesa County Commissioner, said. “It’s not out of anger or politics, but because anything less would fail the people that we serve.”

The Front Range groups said the state should make the final decision if Colorado River District staff and CWCB staff disagreed over how to manage the water rights. They argued the board has exclusive authority under state law.

Alex Davis with Aurora Water said her team was pushing for a “hammer” — an entity, preferably the state, that could force water providers on either side of the Continental Divide to come to the negotiating table or that could make the final decision, especially in times of crisis.

Aurora pulls about 25,000 acre-feet of water from the Western Slope, through mountain tunnels and into its water system each year, she said. (An acre-foot of water is about what two to three  households use in a year.) But when Shoshone is using its 1905 water right to its fullest, nearly all of Aurora’s transmountain diversions are turned down or turned off.

The city might want to ask Shoshone to use less water to provide some relief in an emergency. The agreement seems to give the Colorado River District a veto, Davis said.

“By the River District having that decision-making power, it may lead to less incentive on the West Slope side in those emergency situations,” Davis said in an interview with The Sun. “That’s what we were worried about.”

Colorado Water Conservation Board members decided to continue with the co-management approach, saying they were not giving up authority or working outside of state statute by doing so.

Mueller said the agreement is a win for the river and the entire state. It will protect endangered fish and a critical 15-mile stretch of habitat near Grand Junction. It includes exceptions that will protect cities during multi-year droughts and emergency situations, he said.

“The CWCB and the River District can act together for the best interest of the state,” Mueller said in an interview. “We’ll have to earn some trust in that realm over the years, but I’m quite convinced we can do it.”

About that $99 million bill…

The Colorado River District has entered into a $99 million agreement with Xcel Energy to buy the Shoshone water rights.

The state’s decision to accept Shoshone’s water rights into its environmental program met one of four key closing conditions of that purchase agreement, Amy Moyer, chief of strategy for the Colorado River District, said.

The deal still needs approval by Colorado’s Public Utilities Commission. It’ll be weighed in Water Court, where Western Slope and Front Range representatives will wade through another thorny issue: What has Shoshone’s “status quo” water use been over the last century?

The Colorado River District and its Western Slope supporters need to pay up. Although they’ve pulled together over half the asking price, they’re still waiting to hear about whether a request for federal funding will be approved.

If the deal passes those hurdles, then the resulting purchase and instream flow agreement will go on indefinitely. It will provide more predictability for water users across the state, and it will continue to factor into how Colorado communities grow, officials said Wednesday. “We’re making some very far-reaching decisions here,” Nathan Coombs, the board’s Rio Grande Basin representative, said. “I still think this is the right choice right now with the information we have.”

More by Shannon Mullane

Photo: 1950 “Public Service Dam” (Shoshone Dam) in Colorado River near Glenwood Springs Colorado.

The #Colorado Water Conservation Board Votes to Advance Shoshone Water Rights #ColoradoRiver #COriver #aridification

Shoshone Hydroelectric Plant back in the days before I-70 Library of Congress

Click the link to read the release on the Colorado Water Conservation Board website:

November 19, 2025, Golden, CO – This evening, the Colorado Water Conservation Board (CWCB) voted to approve the long-anticipated Shoshone water rights acquisition, to secure two water rights associated with the Shoshone Power Plant, including one of the state’s most significant Colorado River water rights, for permanent instream flow protection. The vote launches the next phase of the process, including water court, and begins the work of preserving and improving the 2.4-mile reach of the Colorado River between the Shoshone Power Plant Diversion Dam and Tunnel and the Shoshone Power Plant Discharge Outlets.

“Securing one of the state’s most significant Colorado River water rights for permanent instream flow protection is a momentous achievement,” said Lauren Ris, CWCB Director. “This outcome reflects a tremendous amount of work, from extensive technical analysis and stakeholder engagement to thorough regulatory review and legal preparation. This careful evaluation ensures our investment delivers long-term benefits for the river and for Coloradans.”

The agreement passed on a unanimous vote, with two directors recused. The decision follows the Colorado River District’s authorization of an extension from the September hearing to the November Board meeting, allowing additional time for review of the information presented and continued efforts to achieve a negotiated resolution of contested issues. 

“I want to thank all the people who have worked so hard to inform this decision for the Board and the diverse range of stakeholders who earnestly engaged,” said Dan Gibbs, Executive Director, Colorado Department of Natural Resources. “Acquiring the Shoshone water rights for instream flow use is a once-in-a-lifetime opportunity to preserve and improve the natural environment of the Colorado River. But I also want to stress that the state is committed to ensuring that the historical use of the water rights is maintained at the status quo and we are committed to participating in any process to settle and resolve these issues for all water users. I am confident in our ability as a state and as a water community to come together in a way that is beneficial to all.”

Over the last two months, the CWCB and the Colorado River District met with Front Range entities and other interested parties to work toward resolving the issues raised at the September hearing. The next step in the process is the filing of an application in water court, for approval of the change of water rights to include instream flow use in a way that will not cause injury to decreed water rights.

This milestone follows significant commitments from the Colorado River District, local partners, and the CWCB, including the State’s $20 million Projects Bill contribution, to secure the long-term future of the Shoshone water rights.

This map shows the 15-mile reach of the Colorado River near Grand Junction, home to four species of endangered fish. Map credit: CWCB