Bennet, Hickenlooper, Neguse, Crow, Pettersen, DeGette Announce Support for Colorado River District’s Application for Funding to Complete Shoshone Water Rights Purchase

Denver - Colorado U.S. Senators Michael Bennet and John Hickenlooper, and U.S. Representatives Joe Neguse, Jason Crow, Brittany Pettersen, and Diana DeGette, wrote to the Bureau of Reclamation (BOR) in support of the Colorado River Water Conservation District's (CRWCD) application for federal funding to purchase two of the oldest water rights on the Colorado River mainstem in Colorado, known as the Shoshone Permanency Project. The lawmakers offered their support as part of an ongoing BOR funding opportunity to provide environmental benefits in response to drought, which remains open for additional projects in Colorado and the rest of the Upper Colorado River Basin.

"The Colorado River District's mission is to promote the protection, conservation, use, and development of the water resources of the Colorado River water basin for the welfare of the state of Colorado," wrote the lawmakers. "Preserving the Colorado River's historical flow regime as intended by the Shoshone Permanency Project will benefit the Colorado River ecosystem every year, and especially in dry years."

The 1902 Senior and the 1929 Junior Shoshone Water Rights currently held by Xcel Energy are used to generate power at the Shoshone Power Plant and then return it to the river. Communities across Western Colorado have already committed over $55 million, and are applying to BOR for funding from the Upper Colorado River Basin Environmental Drought Mitigation program to help complete the purchase and create stability for communities, water and recreational users, and the environment. The Upper Colorado River Basin Environmental Drought Mitigation program funding opportunity is open for application through November 22, 2024, and the lawmakers welcome other applicants to contact their offices on the opportunity to provide support.

"This strong show of funding reflects the local recognition of the Shoshone Water Rights' importance to the health of western Colorado's environment and local economies,"continue the lawmakers. "We recognize the Shoshone Permanency Project's complex nature and ongoing technical review, but believe the opportunity to protect historical Colorado River flows deserves your attention."

As part of the Shoshone Permanency Project, CRWCD will seek a change in these rights to include an alternate beneficial use and preserve the historical flow regime. The state process for changing these decreed water rights is distinct from any federal funding review or outcome, and will proceed separately. As acknowledged in the letter, data collection and analysis related to the Shoshone water rights' historic use is ongoing and important to the state of Colorado's formal review.

As the Chair of the Senate Agriculture Committee's Subcommittee on Conservation, Climate, Forestry and Natural Resources, Bennet has consistently worked with his colleagues to help communities in Colorado and across the American West as they face the effects of climate change. In June 2022, as Subcommittee Chair, Bennet held the Senate's very first hearing on Western drought. In June 2024, Bennet and Subcommittee Ranking Member U.S. Senator Roger Marshall (R-Kan.) held a field hearing in Burlington, Colorado, to hear from Western producers and agricultural leaders facing historic drought.

Bennet and Hickenlooper fought to include $8 billion for Western water infrastructure, $10 billion for forests, $19 billion for agricultural conservation, and $4 billion for drought in the Inflation Reduction Act (IRA) and Bipartisan Infrastructure Law. In September 2022, Bennet, Neguse, and Crow urged BOR to prioritize funding for long-term, permanent solutions to the Colorado River drought crisis as it worked to allocate the $4 billion for Western drought from the IRA. After calling on the Biden administration to make further investments to address long-term drought caused by climate change in April 2024, Bennet welcomed $400 million from the U.S. Department of Agriculture for investments at the irrigation district scale to address drought in August. The lawmakers will continue to work with communities and water users across the state to ensure as much of this funding as possible comes to the state of Colorado.

The text of the letter is available HERE and below.

Dear Commissioner Touton:

We write in support of the Colorado River Water Conservation District's (the River District) application to the U.S. Bureau of Reclamation's (USBR) Upper Colorado River Basin Environmental Drought Mitigation funding opportunity, referred to as Bucket 2E. As you know, the Inflation Reduction Act provided a historic $4 billion to address issues caused by drought, including activities to support environmental benefits, and ecosystem and habitat restoration. If selected, the River District will leverage Bucket 2E funding alongside significant state and local investment to purchase two of the oldest water rights on the Colorado River mainstem in the State of Colorado - the Shoshone Water Rights - to preserve their historical flow regime in perpetuity.

The River District was established in 1937 as a local governing entity to represent water users across 15 counties in Western Colorado - including the headwaters of the Yampa, White, Gunnison, and Colorado Rivers. The Colorado River District's mission is to promote the protection, conservation, use, and development of the water resources of the Colorado River water basin for the welfare of the State of Colorado.

Now, the River District is pursuing the Shoshone Permanency Project, which aims to preserve the historical Colorado River flow regime created by the 1902 Senior Shoshone Water Right and the 1929 Junior Shoshone Water Right (the "Shoshone Water Rights"). The River District has signed an agreement to purchase the Shoshone Water Rights from Xcel Energy, which currently holds the rights for its Shoshone hydropower plant. Today, the Shoshone Water Rights are decreed as non-consumptive water rights: the water is used to generate hydropower at the Shoshone Power Plant and is returned to the stream. The Shoshone Water Rights' senior status "pulls" water to Glenwood Canyon, which ensures that water continues to flow and benefits the downstream environment. Preserving the Colorado River's historical flow regime as intended by the Shoshone Permanency Project will benefit the Colorado River ecosystem every year, and especially in dry years.

Data collection and analysis of Shoshone Water Rights' historic use is not yet completed, and ongoing-a key step for understanding the historic flow regime on the Colorado River. The Shoshone Permanency Project seeks to change the water rights to include an alternate beneficial use for instream flow purposes, a legally recognized beneficial use in Colorado, to preserve the historical Shoshone flow regime. The proposed decree associated with these flows is still under technical review by the State of Colorado. The River District is actively discussing the proposal with other water users across the state. The Colorado Water Conservation Board and the State of Colorado Water Court will conduct a formal review in the coming months. Ongoing modeling will also help quantify the environmental benefits of the Shoshone Water Rights flows. One potential benefit is to the critical habitat of four fish in the Colorado River listed under the Endangered Species Act (ESA), known as the 15-Mile Reach, located near Palisade, Colorado.

The State of Colorado and our water users are making their own significant investments to ensure that the historical Shoshone flows can continue in perpetuity. The Colorado River District has allocated $20 million, the State of Colorado has appropriated another $20 million for the acquisition, provided the State's instream flow requirements are met, and a coalition of Western Slope water users and local governments have formally committed over $15 million. This strong show of funding reflects the local recognition of the Shoshone Water Rights' importance to the health of western Colorado's environment and local economies.

We recognize the Shoshone Permanency Project's complex nature and ongoing technical review, but believe the opportunity to protect historical Colorado River flows deserves your attention. We encourage you to give the River District's proposal your full and fair consideration consistent with all applicable rules and regulations. Thank you for your review, and please notify our offices of any funds awarded.