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River District and CWCB propose route to dedicate Shoshone water for instream uses; Pitkin to discuss
Summary
Officials said a proposal under negotiation would have the Colorado River Water Conservation District purchase Shoshone power‑plant water rights and partner with the Colorado Water Conservation Board to dedicate the rights to protect in‑stream flows when the plant is not operating.
Pitkin County staff and counsel updated commissioners and the Healthy Rivers Advisory Board on April 15 about an ongoing proposal under discussion between the Colorado River Water Conservation District, Xcel/PacifiCorp (owner/operator of the Shoshone hydroelectric facility) and the Colorado Water Conservation Board (CWCB).
What’s proposed: River District leaders have indicated they can assemble funds to acquire Shoshone’s senior and junior water rights and partner with CWCB to dedicate those rights to in‑stream flow (ISF) protection when the power plant is not operating. Under the contemplated arrangement the power plant would continue to operate and use its water rights for hydroelectric generation; when the plant is offline the CWCB would be able to call water for ISF purposes on a specified “reach.”
Process and timeline: County counsel said River District planned to present the draft proposal to its board in May and that, if River District and CWCB proceed, the CWCB would have to accept any dedication under its statutory process before a water‑court change of water right application could be filed. Water‑court litigation could take several years and likely be appealed, the presenters said.
Key local concerns: Pitkin County staff and counsel emphasized the county’s focus: any acquisition and dedication should protect local interests in the Roaring Fork, particularly the county’s senior irrigation priorities and its RICID reach. County presenters said they and River District staff had discussed a proposed memorandum of understanding to ensure Pitkin County’s ability to protect Roaring Fork interests in later water‑court proceedings.
Public comment and next steps: Healthy Rivers and commissioners plan follow‑up briefings and legal review. River District officials were scheduled to discuss the proposal at their May meeting; the county expects further public and intergovernmental briefings before any purchase or water‑court filings.
Ending: County leaders said they would coordinate with River District, CWCB and technical advisors and bring draft agreements or requests for direction back to the board as negotiations proceed.
