- Colorado advances historic instream flow protection.
- Largest environmental water right in state history moves forward.
- Governor Polis applauds decision and highlights statewide benefits.
- Water court review and full funding remain ahead.
Friday, November 21, 2025 — On November 19, 2025, the Colorado Water Conservation Board voted unanimously to accept a joint offer from the Colorado River District
and the Public Service Company of Colorado that would convert the historic Shoshone Water Rights into a perpetual instream flow right. The action represents one of the most significant water decisions the state has considered in decades.
If approved by the water court, the agreement will create the largest environmental water right in Colorado’s history and will permanently protect flows that have shaped the upper Colorado River for generations.
Colorado Governor Jared Polis released a statement on November 20 praising the board’s vote. He noted that “thousands of Coloradans, our fish, and our wildlife depend on this water every day.” He also said the acquisition will help balance competing demands, including hydropower, agriculture, recreation, and environmental protection, while giving western slope communities greater long-term certainty.
A Legacy Agreement Years in the Making.
The unanimous vote capped the final stage of the state’s instream flow acquisition process, which began when the formal offer was submitted in May 2025. The proposal underwent a contested hearing in September, following a request from four Front Range water entities. The Colorado River District and the Public Service Company of Colorado authorized additional time so the Colorado Water Conservation Board could fully evaluate the proposal at its November meeting.
The public response was substantial. Thirty-five entities, including western slope towns, counties, water providers, and non-profit organizations, filed in support of the proposed instream flow right. More than four hundred public comments also supported long-term protection of the Shoshone flows.
Andy Mueller, General Manager of the Colorado River District, described the vote as a legacy action for the state and the western slope. He said it helps secure an essential foundation for the health of the river and the communities it supports. Senator Marc Catlin, president of the River District’s Board of Directors, noted the agreement will reinforce water security for hundreds of communities and support the forty million people who rely on the Colorado River downstream.
Senator Dylan Roberts said the decision reflects years of collaboration and a shared commitment to protecting Colorado’s headwaters. Mesa County Commissioner Bobbie Daniel highlighted the importance of the Shoshone flows to agriculture, recreation, and local economies.
Background on the Shoshone Water Rights.
The Shoshone Water Rights originate from the Shoshone Power Plant in Glenwood Canyon and include a senior 1902 non-consumptive right and a junior 1929 right. These rights have long stabilized flows on the upper Colorado River by requiring water to remain in the river channel before it reaches the Shoshone diversion.
In December 2023, the Colorado River District and the Public Service Company of Colorado entered into a ninety-nine million-dollar Purchase and Sale Agreement to acquire and convert the rights for permanent instream flow use. The agreement is the culmination of decades of work by the statewide Shoshone Water Right Preservation Coalition.
To complete the transaction, four conditions must be met:
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An instream flow agreement with the Colorado Water Conservation Board.
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A water court decree approving the change to instream flow use.
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Full project funding of ninety-nine million dollars.
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Approval from the Colorado Public Utilities Commission.
The first condition was satisfied with the board’s November 19 vote.
More than fifty-seven million dollars have already been committed by western slope entities, the State of Colorado, and the Colorado River District’s Community Funding Partnership. The Bureau of Reclamation awarded forty million dollars through Inflation Reduction Act funding in January 2025, although those funds remain under federal administrative review.
Xcel Energy, the parent company of the Public Service Company of Colorado, stated that the agreement supports reliable and clean energy while advancing responsible stewardship of Colorado’s water resources.
Next Steps Toward Final Approval.
The Colorado River District, the Public Service Company of Colorado, and the Colorado Water Conservation Board will now begin the water court process to authorize instream flow use. The coalition will also continue efforts to secure the federal funding previously awarded.
If all conditions are met, the project will create a permanent tool for maintaining upper Colorado River flows in support of agriculture, fisheries, recreation, hydropower, and the river’s ecological function. The Shoshone protection effort is expected to become a central feature of the state’s long-term water security strategy.
Image: Snow-covered fields near Montrose on Colorado’s Western Slope, on October 29, 2022. Tony Webster. Licensed under the Creative Commons Attribution 2.0 Generic license.
Frequently Asked Questions
What are the Shoshone Water Rights?
They are historic non-consumptive water rights tied to the Shoshone Power Plant in Glenwood Canyon. The senior 1902 right and the junior 1929 right have helped stabilize flows on the upper Colorado River for more than one hundred years.
What does instream flow protection mean?
Instream flow protection allows a legally defined amount of water to remain in the river to support fish, wildlife, recreation, and natural river function. In Colorado, these rights are held by the Colorado Water Conservation Board.
Why did the Colorado Water Conservation Board’s vote matter?
The vote allowed the state to accept a perpetual interest in the Shoshone Water Rights. This approval is the first of four steps required to create a permanent instream flow right.
How much funding has been secured so far?
More than fifty-seven million dollars have been committed by state and local entities. Forty million dollars in federal funding was awarded in early 2025, but that funding is still under review by the current federal administration.
What still needs to happen before the agreement is final?
The partners must obtain a water court decree, secure the remaining funds, and receive approval from the Colorado Public Utilities Commission. Only then can the ninety-nine million-dollar Purchase and Sale Agreement be completed.
Who supports the Shoshone project?
Thirty-five organizations, including western slope towns, counties, water districts, and non-profits, formally supported the proposal. More than four hundred public comments also expressed support.
