Pitkin County pledges $1 million to Shoshone water rights purchase

Pitkin County on Wednesday joined 29 other Western Slope counties, cities and towns, irrigation districts and water providers in financially backing a plan to buy a critical Colorado River water right.

Pitkin County commissioners unanimously approved a resolution supporting the Shoshone Permanency Project and pledging $1 million toward the campaign to keep the water rights associated with the Shoshone hydropower plant in Glenwood Canyon on the Western Slope. Pitkin County’s Healthy Rivers Board recommended the $1 million contribution from its fund at its regular meeting April 17. 

The Colorado River Water Conservation District plans to purchase the water rights from Xcel Energy for nearly $100 million. The water rights are some of the biggest and oldest non-consumptive water rights on the mainstem of the Colorado River, and ensure water keeps flowing west to the benefit of downstream cities, farms, recreation and the environment. 

“From our perspective we view this as an opportunity to really create and enhance a partnership that should be incredibly functional in the future,” River District General Manager Andy Mueller told commissioners on Wednesday. “We’re committed to working with you to keep the upper Roaring Fork healthy and figuring out creating solutions to bring water into the watershed at the right times of year.”

About 40% of the headwaters of the Roaring Fork River is diverted across the Continental Divide for use in the Arkansas River basin. It’s long been Pitkin County’s goal to mitigate the effects this has on the health of the Roaring Fork.

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In exchange for support of the Shoshone project, Pitkin County will be able to use some water from Grizzly Reservoir, owned by the city of Aspen and the River District, to boost flows in the upper Roaring Fork River. 

“One of the most productive things to come out of this, in addition to the benefits you’ve already discussed with the Shoshone project itself … is going to be that the River District has agreed that Pitkin County can now have a voice in working with Aspen and the River District on that Grizzly water,” said Jennifer DiLalla, an attorney with Moses, Wittemyer, Harrison and Woodruff. DiLalla is the county’s outside counsel who works on water issues. “That is one of the only sources of water available upstream of you. It’s not going to be there all that often, but when it is, it’s a really great benefit for the upper Fork.”

The $1 million pledge may help the county and the River District repair their rocky relationship after years of being at odds over certain water issues. Pitkin County didn’t initially support the Shoshone campaign because of the complex interaction of the water rights with another big set of downstream irrigation water rights in the Grand Valley known as the Cameo call. 

“We’ve come a long way because it used to be not too long ago that we were just going to oppose this, period,” said Pitkin County Commissioner and River District representative Francie Jacober. “I would say that we are on the road to a new era of cooperation with the River District.”

Pitkin County’s concern was that with Shoshone under new ownership — and the proposed addition of an instream flow use for the water along with hydropower — the call for the water through Glenwood Canyon might delay or reduce the need for the Cameo call. Aspenites like to see the Cameo call come on because it forces the Twin Lakes diversion to shut off, which means more water flowing down the Roaring Fork, typically during a time of year in late summer and early fall when streamflows are running low and river health is suffering.

Some of the mistrust between the two local governments can be traced to water rights owned by the River District that would have kept alive huge reservoirs on the Crystal River near Redstone. The district eventually abandoned those rights, but not without first being challenged in water court by Pitkin County. Pitkin County also opposed the widely supported River District 2020 tax increase — ballot measure 7a — which funds water projects across the district’s 15-county area.

To secure the Shoshone water rights — which comprise a 1902 right for 1,250 cubic feet per second and another from 1929 for 158 cfs — the River District must add an instream flow use to the water rights in addition to their current use for hydropower. That requires working with the Colorado Water Conservation Board, which is the only entity in the state allowed to hold instream flow rights that preserve the environment, as well as getting a new water court decree to allow the change in use.

Despite the support and $1 million pledge, Pitkin County still may oppose the change case in water court. The county hired Golden-based engineering firm Martin and Wood Water Consultants to do an analysis of the Shoshone and Cameo call interaction to see if the Roaring Fork could be harmed. According to Tara Meininger, an engineer with Martin and Wood, there could potentially be an annual impact of 26 acre-feet on average to the upper Roaring Fork.

But a final report is still not complete, said Pitkin County Attorney Richard Neiley, which is why the county reserved the right to oppose the River District in water court.

“It’s an important goal to make sure that change does not result in injury to the Roaring Fork forever,” Neiley said. “We haven’t given anything away with respect to being able to argue or oppose the change case on that basis.”

With Pitkin County’s $1 million contribution, the River District has now raised $57 million from local and regional partners. In addition, the project was awarded $40 million in the final days of the Biden administration, but that funding has since been frozen, though River District officials are hopeful that the federal funding will still be realized.

The River District plans to present an agreement on the instream flow water rights to the Colorado Water Conservation Board at its regular meeting in May.

“We’re about to enter into a process with the Colorado Water Conservation Board where your support will be essential to a successful experience there and then on into water court,” Mueller told commissioners. “So we just want to say thank you very much.”

This story is provided by Aspen Journalism, a nonprofit, investigative news organization covering water, environment, social justice and more. Visit aspenjournalism.org.