GOLDEN — 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.
“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.”
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