The Colorado Water Conservation Board voted unanimously Wednesday evening to include the two water rights associated with the Shoshone Power Plant in its environmental flow program. The approval is a crucial part of the Colorado River District’s $99 million deal with the owner of the aging Glenwood Canyon plant — Xcel Energy — but the deal has faced pushback from Front Range water suppliers, who fear the change could impact their supplies.
The deal’s proponents want to ensure that the water now used by the small hydroelectric plant – and then pumped back into the river – will always flow westward.
“The importance of today’s vote cannot be overstated as a historic decision for Colorado waters and the Western Slope,” Andy Mueller, general manager of the Colorado River District, said in a news release. “It provides an essential foundation for the health of the Colorado River and the communities it supports.”
Colorado water officials called the decision a monumental achievement for the state that will help protect the river and its ecosystem. The the state’s instream flow program allows the Water Conservation Board to manage specific water rights for the health of rivers, streams and lakes.
“Acquiring Shoshone water rights for stream use is a unique opportunity to preserve and enhance the natural environment of the Colorado River,” Dan Gibbs, executive director of the Colorado Department of Natural Resources, said in a news release.
One of the main sticking points during the hour-long meeting Wednesday was whether the board should manage water rights with the River District. That would include decisions about how and when to require upstream users — such as Front Range companies — to send more water downstream. In general, the board is the sole manager of water rights in its country instreamflow programof which Shoshone rights are now a part.
Several Western Slope entities said they would withdraw their financial support for the purchase if the Colorado River District was not allowed to co-manage the right with the board. Local governments and other organizations on the Western Slope pledged more than $16 million for the purchase.
Front Range water providers argued that the statewide board is the only authority that can administer such rights and should have final decision-making power.
The water board instead adopted the co-management strategy, meaning the two authorities will decide together how to act if there is not enough water to meet the obligations of the right.
The Colorado River District — a taxpayer-funded agency dedicated to protecting the Western Slope’s water — wants to purchase the Shoshone rights to ensure that water will continue to flow west past the plant and downstream to the cities, farms and others that rely on the Colorado River, even if the century-old power plant were decommissioned.
A stream of Western Slope elected officials, water managers and conservation groups testified in support of the deal and the rare opportunity it presented.
“The Shoshone Call is one of the great stabilizing forces on the river – a heartbeat that has kept our valley farms alive, our communities intact and our economies stable even in lean years,” said Mesa County Commissioner Bobbie Daniel, urging the board to approve the plan.
Wednesday’s meeting came after weeks of extensive mediation between the River District and Front Range entities. However, representatives from either side of the Continental Divide could not agree on a path forward.Front Range utility representatives have repeatedly said they supported the purchase as a whole, but they expressed concerns that the purchase would change the status quo on the river.
The water rights associated with the plant are the oldest major water rights on the mainstream of the Colorado River, meaning they must be satisfied before any subsequent rights can be established. These include more junior rights from Front Range companies to divert water from the river and bring it under the Continental Divide to their customers.
The plant’s rights could command up to 1,408 cubic feet of water per second year-round, or about 1 million acre feet per year – enough water for the annual use of 2 to 3 million households.
The Water Conservation Board approval is one of several approvals the River District must obtain. The deal now must go through the state water court and the Public Utilities Commission.
In addition to the $16 million coming from the Western Slope entities, the district will pay $20 million and the Water Conservation Board has allocated another $20 million. The financial plan also includes $40 million allocated by the Biden administration under the federal Inflation Reduction Act, but that money remains frozen as part of the Trump administration’s broad spending freeze on the previous president.
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