Colorado water groups want a seat at the table to weigh in on a historic Western Slope bid to purchase powerful water rights tied to a small power plant on the Colorado River.
Cities, irrigation districts, hydroelectric companies and other groups submitted filings Friday to have a say in a water court case that will decide the future of Shoshone Power Plant’s rights to access water.
The rights are old and large enough to shape how Colorado River water flows around the state. A proposed change to the legal rights has sparked concerns from big dogs in water, like Denver Water, Colorado’s oldest water utility, over possible impacts to their water supplies and a debate that continues decades of west-versus-east water fights in Colorado.
The Colorado River Water Conservation District submitted a request to the court in November to change the water rights tied to the power plant, a small facility tucked into Glenwood Canyon by Interstate 70. The water is used primarily to generate electricity, but the district wants to add an environmental use to help aquatic species during low flows or if the 117-year-old power plant a few miles east of Glenwood Springs were to shut down in the future.
Historically, groups have used opposition filings, like those made Friday, as a way to weigh in on water cases — it doesn’t necessarily mean they oppose all or any part of the proposal, the Colorado River District said.
The district declined further comment.
If the district’s bid is successful, it will end up buying the Shoshone’s water rights from an Xcel Energy subsidiary for about $99 million. The water rights would become the crown jewel of a state-led environmental preservation program and provide long-term certainty for water users across the state.
If the district cannot get court approval to change the water rights, it would scuttle the Colorado River District’s entire proposal.
Of the 60-plus parties in the case, some, like several major Front Range cities, have been concerned the water supplies for millions of people could be negatively impacted. Others filed mainly to watch or to support the effort.
At least 18 are part of a coalition that has collectively promised $37.3 million to help the river district meet the hefty price tag.
These filings came from Western Slope irrigation districts, governments and water utilities, including Grand County, Breckenridge, Clifton Water District, Orchard Mesa Irrigation District, Summit County and Glenwood Springs.
“Eagle County filed as an ‘opposer’ because that is the term that’s used in water court for parties with an interest in the outcome of the case,” according to a statement from Eagle County staff. “In this case, the county has an interest in maintaining the existing Shoshone Water Rights flow regime as described in the application for change of water rights.”
Others watched to make sure their priorities were discussed during the hearings.
“Western Resources Advocates joined the Shoshone water rights change case as part of our ongoing work to preserve and improve the natural environment in the Colorado River in Colorado,” Bart Miller, WRA’s healthy rivers director, said in an email to The Colorado Sun.
The proposed change would also help support recommended flows for endangered fish many miles downstream, he said.
Some filings came from big water players on the Front Range who fought against the Colorado River District’s proposal during a state process to approve the environmental use. These include the city of Colorado Springs, Northern Colorado Water Conservancy District, the city of Aurora and the city and county of Denver.
These groups have cited concerns that changes in the water rights at Shoshone could impact their own water supplies, which are used by over 2.5 million people up and down the Front Range.
Shoshone’s oldest water right is more senior than some of the Front Range water rights, which allows it to use water first. Under Colorado water law, junior rights get cut off first in dry years.
Adding an environmental use might mean Shoshone is using water more frequently or in larger amounts than in the past, the providers argued.
Others joined to better follow the case, like the city and county of Broomfield and Southwestern Water Conservation District. The district, like the Colorado River District, was formed by the state legislature to act as stewards of water resources on the Western Slope.
“Generally we are in favor of the Shoshone water change,” Steve Wolff, SWCD general manager, said. “We’re watching … how the water right ultimately may have a role in interstate matters.”
There is a lot to be determined about the future of Shoshone’s water rights.
The Colorado River District’s plan to buy the rights comes with four stipulations: state approval to use the water to help instream flows; a successful petition in water court to change the legal rights; $99 million to pay the bill; and approval from the Colorado Public Utilities Commission.
The state’s water agency, the Colorado Water Conservation Board, gave its approval in November.
The court case will identify how much water could be used to benefit the environment and identify any potential ways a change could harmfully impact water flows to farmers, cities, utilities or other water users.
“From a legal perspective, this potentially could be a landmark water case,” Wolff said. “We will certainly be involved in it.”
Financing for a potential sale is still to be determined: In January 2025, the Bureau of Reclamation offered $40 million in federal funding through a program authorized by the Inflation Reduction Act. But President Donald Trump’s administration froze that funding.
If the Colorado River District gets its way in court, they’ll take it to the utilities commission for consideration. The entire process could take years to finalize.
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