The Colorado River Conservation Water District is continuing its multi-year bid to acquire the historic Shoshone water rights on the Colorado River, an effort now navigating the Colorado Water Court system. The district recently entered an agreement with Xcel Energy in December 2023 to purchase the rights for $98.5 million.
General Manager Andy Mueller emphasized the importance of these rights to Western Slope communities during his keynote address at the Colorado River District’s annual water seminar in Grand Junction on Friday, Sept. 22. Mueller stated that the district seeks a collaborative solution but will not compromise the values of the 17 Western Slope counties it represents. A trial date for the case has been set for July 2028 should parties be unable to reach consensus through mediation.
The Shoshone water rights, established in 1902 and 1929, are among the oldest non-consumptive rights on the Colorado River. The 1902 right is particularly senior, giving it priority over many junior rights, including those serving the Western Slope and transmountain diversions to the Front Range, when river flows drop below 1,480 cubic feet per second. According to Mueller, this right “commands the flow of the Colorado River” and is critical for supporting endangered fish recovery, clean drinking water for many West Slope communities, and, in essence, "keeps the river alive in western Colorado."
Currently, the rights are tied to an aging hydropower plant in Glenwood Canyon operated by Xcel Energy. To safeguard these crucial flows regardless of the plant's future operation, the River District reached an instream flow agreement with the Colorado Water Conservation Board (CWCB) in November. This agreement will allow the water that currently flows through the hydroelectric plant to remain in the river for environmental purposes, addressing concerns about the plant's frequent online interruptions, as noted by Mueller.
The acquisition process has encountered opposition from Front Range water providers, who raised concerns over decision-making authority for Shoshone calls and historical water allocations. Despite a 14-hour hearing in September and subsequent failed mediation between these providers and the River District, the CWCB unanimously approved the instream flow agreement in November, deferring contested issues to water court.
In December, the River District filed a joint application in water court with the CWCB and Xcel Energy. Sixty-five entities have filed in opposition to the case. However, due to court language requiring any interested party to file opposition, approximately 20 of these entities are Western Slope organizations that actually support the acquisition, with the remaining 45 largely comprising Front Range entities carrying over arguments from the conservation board hearing.
Securing the $98.5 million for the purchase has involved a wide range of contributors. The district currently needs an additional $1.6 million. Contributions have come from the River District’s board, the Colorado Water Conservation Board, and over 40 Western Slope utilities, organizations, and municipalities. A substantial portion, around $40 million, is being supplied by the federal government through drought mitigation funding from the Biden Administration’s Inflation Reduction Act.
According to Zane Kessler, Colorado River District director of government relations, securing this federal funding required a coalition of "strange bedfellows" and bipartisan coordination. U.S. Democratic Sen. Michael Bennet and Republican Rep. Jeff Hurd worked across different administrations to secure the funds. Bennet credited Hurd with successfully navigating the process. Hurd emphasized that the acquisition is an example of working across party lines for an issue that is not Republican or Democratic, but a "Colorado issue," important for agricultural production, supporting farmers and ranchers, and meeting obligations in a changing hydrology.
After a decree from the water court, the River District will need approval from the Colorado Public Utilities Commission and full funding to finalize the deal. Mueller stressed that while mediation efforts continue, the West Slope's important values will not be compromised.
