Shoshone Water Rights

Updated 1 day ago

Lindsey DeFrates and Brendon Langenhuizen from Colorado River District to present on efforts to preserve the Shoshone Water Right.

Chapters

Welcome and Introduction (00:00:00)
Pete Wadden introduces the meeting, mentions the hosting organizations, and discusses the lunch with the locals talks.

Pete Wadden from the Town of Vail Environmental Sustainability Department, in partnership with Eagle River Water and Sanitation District and High Five Access Media, welcomes attendees to the lunch with the locals talk, which is held once a month to discuss topics about watershed and aquatic ecosystem health, focusing this time on big river issues on the Colorado River system.
Event Logistics and Waste Diversion (00:00:24)
Instructions on waste diversion are provided, emphasizing compostable items and exceptions.

Attendees are informed about efforts to divert waste from the event. Everything on the back table is compostable, except for the red pepper flake packets. Compost bins are available for cups, plates, forks, and food scraps.
Introduction to Shoshone Water Rights (00:00:59)
Introduction to the topic of Shoshone water rights and the speakers from the Colorado River District.

The meeting focuses on the preservation of the Shoshone water rights, with knowledgeable speakers Brendan Lang Hans and Lindsay Derates from the Colorado River District present to discuss the topic.
Presentation by Lindsay Derates (00:01:54)
Lindsay Derates from the Colorado River District introduces the organization and its focus on water issues.

Lindsay Derates, Deputy Director of Communications with the Colorado River District, provides background on the organization, explaining its role in representing Western Slope water interests, advocating for river and water rights, and dealing with challenges related to climate change and aging infrastructure.
Challenges Facing Western Slope Water (00:05:03)
Discussion on pressures on water systems due to climate change and infrastructure issues in Western Slope.

The presentation highlights the significant pressures on the water system, driven by a hotter, drier climate affecting water availability and ecosystem health, and the aging infrastructure requiring repairs amid decreased efficiency.
Shoshone Water Rights Preservation Project (00:08:41)
Overview of the Shoshone Water Rights and their importance for the Colorado River system.

The Shoshone Water Rights are highlighted as some of the most senior and significant non-consumptive water rights in the Colorado River system, playing a crucial role in keeping water flowing for various uses including recreation, ecosystems, and municipal needs.
Agreement with Xcel Energy (00:12:16)
Details of the agreement with Xcel Energy to purchase and lease back water rights to ensure their protection.

An agreement has been reached with Xcel Energy to purchase the Shoshone water rights while leasing them back for continued hydropower production, ensuring their long-term protection and stability in the face of potential infrastructure challenges.
Fundraising and Support for Water Rights Preservation (00:14:49)
Discussion on fundraising efforts and local community support for securing Shoshone water rights.

The River District has received substantial support from local communities and the state of Colorado for the preservation of the Shoshone water rights, highlighting the widespread recognition of their importance for the Western Slope.
Ecosystem Impact Studies (00:16:21)
Introduction to ecosystem studies and their role in supporting the instream flow agreement.

Brendan Lang Hans discusses ongoing studies to assess the impact of using Shoshone water rights for instream flow, focusing on the fish habitat and overall ecosystem health in the depletion reach of the Colorado River.
Conclusion and Next Steps (00:26:01)
The presentation concludes with a call to support the instream flow proposal and next steps.

The meeting concludes with an emphasis on the importance of securing the instream flow rights for the Shoshone water rights to protect the ecosystem and water users, and an overview of the next steps in the legal and administrative process.
Fish Sampling and Environmental Impact (00:26:22)
Discussion on fish sampling in Devil's Hole Canyon and its environmental impact post-Grizzly Creek fire and mudslides.

The discussion covers the impact of the Grizzly Creek fire and subsequent mudslides on the Devil's Hole Canyon area. Fish sampling was conducted to assess the health of aquatic life in the river. It was noted that the power plant was shut down due to rockfall, which affected river flows. The sampling showed a healthy population of trout and other species, despite the diminished flow state of the river. There was also mention of invasive species management and macroinvertebrate surveys indicating a healthy ecosystem, though some areas of concern remain.
Flow Study and Suitability Analysis (00:31:00)
Presentation on flow studies and aquatic habitat suitability in the river sections around Devil's Hole.

The presentation covered a detailed flow study conducted on two river reaches around Devil's Hole to assess aquatic habitat suitability. The study involved creating two-dimensional models to simulate depths and velocities that are favorable for different fish species. The analysis showed that increased flow leads to better habitat suitability, supporting a diverse range of fish and macroinvertebrate species. The study's findings emphasized the importance of maintaining and improving river flows to enhance fish habitat and ecosystem health.
Instream Flow Recommendation (00:37:00)
Recommendation to accept instream flow offer to improve environmental conditions.

The CPW recommended that the CWCB accept the instream flow offer, highlighting that additional water would increase habitat availability for both recreational and native fish species. The recommendation was based on studies showing that additional flows would significantly enhance the environmental conditions in the canyon reach, providing dynamic fish habitats and supporting aquatic life.
Public Support and Administrative Process (00:40:00)
Discussion on public support and process for instream flow acquisition by CWCB.

The discussion focused on garnering public support for the instream flow acquisition process being undertaken by the CWCB. The importance of public comments was emphasized, as they play a critical role in influencing the CWCB's decision. Various local governments and organizations have already expressed support, and there is a push for more public involvement to demonstrate widespread backing for the initiative.
Water Rights and Legal Process (00:45:00)
Explanation of water rights issues and the legal process involved in changing water rights usage.

The segment detailed the complexities of water rights related to the instream flow proposal. Opposition from Front Range entities due to concerns over water rights usage was discussed, alongside the need to address these issues in water court. The presentation explained the historical use of water rights and the legal boundaries that must be respected in the change of use cases, emphasizing that these issues are best settled in court.
Questions and Answers (00:52:00)
Q&A session addressing audience queries about the project and legal aspects.

The meeting concluded with a Q&A session where audience members asked about the involvement of other states in the water rights issue, the nature of opposition to the project, and the legal process. The presenters clarified that while the project is driven by Colorado interests, the health of the river benefits the entire basin. They also highlighted the support from various stakeholders and the expected challenges in water court.
Discussion on Water Rights Donation to CWCB (00:55:06)
Discussion on donating water rights to the CWCB for instream flow use while maintaining ownership for West Slope control.

The meeting covered the plan to donate water rights to the Colorado Water Conservation Board (CWCB) for instream flow purposes, ensuring that the ownership stays with the West Slope to maintain control. This approach is to protect the water rights and ensure they remain within the local jurisdiction, with the CWCB being the only entity capable of holding an instream flow right.
Call Management and Volumetric Limits (00:55:40)
Proposal to manage water rights calls with historical recognition and volumetric limits to ensure sustainable use.

The proposal involves maintaining the ability to call water rights as historically done, with a focus on managing these calls based on volumetric limits. This aims to balance the historical usage patterns with the current water availability, ensuring that during wet years more water can be diverted, while in dry years less water is taken. The plan is to establish these limits while acknowledging historical usage and future needs.
Scope of River Protection and Junior Water Rights (00:57:20)
Protection limited to a two and a half mile river stretch to avoid impacting junior water rights downstream.

The discussion focused on the scope of river protection, limiting it to a two and a half mile stretch from the diversion dam to the power plant to avoid affecting junior water rights downstream. This careful limitation is intended to prevent impacting users who have historically drawn water beyond this stretch, ensuring that the protection benefits the significant sections without overextending its reach.