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From Colorado River District Acquires Historic Shoshone Water Rights Tied to Xcel Energy

How does Securing historic water rights funding affect Colorado River Water Conservation District?

The District secured historic Shoshone water rights, strengthening its control over critical Colorado River flows. The Colorado River Water Conservation District successfully acquired the historic Shoshone water rights for $98.5 million, a purchase made possible by federal funding. Around $40 million of this funding came from a drought mitigation bucket created by the Biden Administration’s Inflation Reduction Act, which was secured through bipartisan coordination between the Biden and Trump administrations. These rights, dating back to 1902 and 1929, are tied to a hydropower plant operated by Xcel Energy in Glenwood Canyon. The acquisition allows the District to establish an instream flow agreement, ensuring water flows remain in the river for environmental purposes regardless of the plant's operational status.

Reported by 1 independent outlet Written Friday
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How it reaches Colorado River Water Conservation District

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The facts so far

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  • The Colorado River District entered into an agreement with Xcel to purchase the historic Shoshone water rights for $98.5 million in December 2023.postindependent.com
  • The federal government is supplying around $40 million through a bucket of drought mitigation funding created by the Biden Administration’s Inflation Reduction Act.postindependent.com
  • The Shoshone water rights date back to 1902 and 1929 and are currently tied to a hydropower plant in Glenwood Canyon operated by Xcel Energy.postindependent.com
  • The District is currently $1.6 million shy of the $98.5 million needed, with contributions coming from the River District’s board, the Colorado Water Conservation board and over 40 Western Slope utilities, organizations and municipalities.postindependent.com

Why it matters

The acquisition of the Shoshone water rights is critical for the Colorado River Water Conservation District as it secures one of the oldest non-consumptive rights on the river. These rights are vital because they support the endangered fish recovery program and ensure clean drinking water for many West Slope communities. By gaining control, the District can establish an instream flow agreement, providing a crucial safeguard against future uncertainty regarding the aging hydropower plant operated by Xcel Energy.

This effort required bipartisan coordination between the Biden and Trump administrations to secure the $40 million federal funding. The acquisition highlights the intense pressure on the Colorado River system due to changing hydrology and drought stress. The District's success, despite opposition from Front Range water providers, demonstrates the importance of local leadership and state partnership in addressing the region's water challenges.

What we don't know yet

  • How will the instream flow agreement specifically impact the operational schedule of the hydropower plant?
  • What is the timeline for the water court trial set for July 2028?

Is this still moving?

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What would change this answer

The Colorado Water Court rules against the instream flow agreementThe District's ability to guarantee environmental flows and secure the water rights' permanency would be severely undermined.
The District secures full funding and approval from the Colorado Public Utilities CommissionThe purchase will be finalized, cementing the District's control over the historic water rights.

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