The Colorado Water Conservation Board voted Wednesday to approve an agreement for the Colorado River Conservation District to acquire the Shoshone water rights from Xcel Energy and convert them to instream flow rights.

“Securing one of the state’s most significant Colorado River water rights for permanent instream flow protection is a momentous achievement,” said Lauren Ris, CWCB Director.

“This outcome,” she said, “reflects a tremendous amount of work, from extensive technical analysis and stakeholder engagement to thorough regulatory review and legal preparation” to deliver “long-term benefits for the river and for Coloradans.”

General Manager of the Colorado River District Andy Mueller said, “The importance of today’s vote cannot be overstated as a legacy decision for Colorado water and the Western Slope. It secures an essential foundation for the health of the Colorado River and the communities it sustains.”

Sen. Marc Catlin, president of the Colorado River District board of directors said, “This agreement strengthens water security for hundreds of communities within our state and represents a proactive, durable solution for the 40 million people who rely on the Colorado River downstream.

“The Shoshone Water Rights Preservation Project keeps the river as whole as possible, keeping water in its natural basin and safeguarding this lifeline for generations to come.”

CWCB approval of the acquisition launches the next phase of the process, which includes legally changing the nonconsumptive water right from power generation to instream flow.

As previously reported by Heart of the Rockies Radio News, the fate of the primary Shoshone water right has implications for the Arkansas River Basin because it is senior to all transmountain diversions from the Colorado Basin to the East Slope.

“Acquiring the Shoshone water rights for instream flow use is a once-in-a-lifetime opportunity to preserve and improve the natural environment of the Colorado River,” said Colorado Department of Natural Resources Executive Director Dan Gibbs. “But I also want to stress that the state is committed to ensuring that the historical use of the water rights is maintained at the status quo.”

The CWCB decision, originally slated for a vote in September, was delayed as the CWCB and the Colorado River District met with Front Range entities to resolve issues raised at the September hearing.

With those issues now resolved, the next step in the process is filing an application in water court for approval of the change of water rights to include instream flow use in a way that will not cause injury to other water rights.

Under Colorado water law, instream flow water rights are for nonconsumptive use – i.e., keeping water in streams and rivers to preserve aquatic ecosystems – and can only be held by the CWCB.

CWCB approval of the latest version of this agreement represents the culmination of a 2023 agreement between the Colorado River District and Public Service Company of Colorado, a subsidiary of Xcel Energy, to acquire the Shoshone water rights for $99 million.

More than $57 million from West Slope entities, the State of Colorado, and the Colorado River District’s Community Funding Partnership has been secured for this water rights acquisition.

The Bureau of Reclamation awarded the project $40 million of Inflation Reduction Act funds in January, but those funds have not been released by the current administration.

Photo: The Shoshone Power Plant on the Colorado River near Glenwood Springs.