Water law

GWC Welcomes New Water Law Fellow Tyanne Benallie

Annie Carlozzi — Wed, 01 Apr 2026 21:54:43 +0000

GWC Welcomes New Water Law Fellow Tyanne Benallie Annie Carlozzi Wed, 04/01/2026 - 15:54

Colorado Law is ranked seventh in the nation for environmental law with the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (GWC) advancing its commitment to educating young leaders through the Water Law Fellows Program. Now in its fifth year, the program addresses the rising demand for thoughtful policy initiatives at all levels of government by training the next generation of outstanding leaders in sustainable water management, water law, and policy.

With the accelerated need to address extraordinary circumstances in an unprecedented era, Colorado Law and the GWC are uniquely situated as a premier pipeline of diverse future leaders in environmental and natural resources matters.

The Water Law Fellows Program is not just an educational experience — it’s a career accelerator. This intensive multidisciplinary program equips Fellows with the skills and knowledge to produce high-quality work that influences law reform in the public interest, setting them up for successful careers in environmental law and policy.

Fellows conduct reform-oriented research on the most pressing issues in their field and interact with public and private sector leaders to inform policymaking, all while under the mentorship of leading researchers. Colorado Law and the GWC are known for distinguished faculty, a long record of public service, an extraordinary body of research and an interdisciplinary curriculum that includes unique on-the-ground learning.

The Getches-Wilkinson Center is thrilled to announce that Tyanne Benallie will be joining the team as a Water Law Fellow in August 2026. Tyanne Benallie (Ty) is a member of the Diné Nation, born for the Tó’ahaní (Near the Water Clan) and born into Naashashí (Bear Clan), with family roots in the Bisti region (Checkerboard) of northwest New Mexico. Raised in Albuquerque, she developed an early appreciation for diverse cultures, which has led her to travel to 43 countries.

Ty holds a B.A. in Political Science from Fort Lewis College, with a minor in Spanish, and an M.A. in International Development and Social Change from Clark University. She has dedicated her career to working with resilient populations, bringing expertise in Indigenous capacity-building initiatives and policy across environmental, social, education, and health sectors. Her experience includes work in tribal communities, roles in 91��Ѽ, D.C., and volunteer service in developing countries.

She will graduate with a Juris Doctor (J.D.) from the University of New Mexico School of Law in May 2026, along with dual certificates in Indian Law and Natural Resources and Environmental Law. Outside her studies and work, Ty enjoys traveling, running, hiking, skiing, ice skating, yoga, photography, writing, film, reading, music, and time with family. Ahé’héé.

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Advanced Natural Resources Seminar Explores the Colorado Plateau

Annie Carlozzi — Mon, 30 Mar 2026 20:03:58 +0000

Advanced Natural Resources Seminar Explores the Colorado Plateau Annie Carlozzi Mon, 03/30/2026 - 14:03

Celeste Baro , Sydney Stellato

After an approximately seven-hour drive from Boulder, we arrived at Dugout Ranch and the Canyonlands Research Center, tucked deep within canyon country near Bears Ears National Monument and Canyonlands National Park. We spent our first night under a sky full of stars, and in the morning, we woke from our tents surrounded by towering orange and red rock formations.

That morning, we met with Matt and Kristen Redd, managers of the Dugout Ranch and Canyonlands Research Center. In 1997, The Nature Conservancy worked with the Redd family to purchase the Dugout Ranch, securing a major conservation win and protecting important lands and waters from development. Later, in 2009, The Nature Conservancy purchased the Dugout’s cattle herd for use as a research tool, and in 2010, a suite of partners formally launched the Canyonlands Research Center. Hearing about the ranch’s transformation into a living research laboratory showed us what collaborative conservation can look like in practice where ranching, science, and conservation all intersect.

While at the ranch, we also heard from Shaun Ketchum, a young Diné and Ute Mountain Ute leader and Director of the 100 Years of Silence Project. He shared the history behind the project, which seeks to illuminate a painful and little-known event in Ute history, when 80 Ute tribal members were rounded up and imprisoned in a barbed-wire camp near Blanding, Utah, based on false accusations. The project works to bring this history to light in order to promote public understanding and healing for Ute people.

We also hiked into Shay Canyon to view petroglyphs etched into the canyon walls. After our hike, we drove to Bluff, Utah, where we stayed for the night.

The following morning, we met Amanda Podmore, Conservation Director at the Grand Canyon Trust, for breakfast before heading out for a hike along Comb Ridge. There, we talked about the Trust’s work on Bears Ears National Monument, Baaj Nwaavjo I’tah Kukveni – Ancestral Footprints of the Grand Canyon National Monument, and their broader public lands and tribal outreach efforts across the Colorado Plateau.

From there, we made our way to the Grand Canyon’s North Rim, where we stayed at the Grand Canyon Trust’s Kane Ranch. In September 2005, the Trust completed a historic transaction to purchase the grazing rights and base property of the Kane and Two-Mile Ranches in the heart of the Arizona Strip. Together, the ranches encompass 850,000 acres. Because current law requires that some cattle be grazed on the ranches, the Trust maintains a cattle operation while also carrying out an ambitious conservation program to assess and improve land health. They collect baseline data across different ecosystems—ponderosa pine forest, pinyon-juniper woodland, and wetlands—and track changes over time to guide restoration and management.

We spent the next two nights at Kane Ranch cooking meals together, wandering the fields, and watching the stars at night. During the day, we visited the proposed dam site in Marble Canyon and discussed ongoing Colorado River issues—water scarcity, drought, and the immense pressure placed on the river by the many communities and states that rely on it. We also drove to a condor viewing area, where we learned about the reintroduction of the California condor, an endangered species that once had a population of only about 20 individuals. Seeing condors soaring again over the canyon felt like a rare conservation success story. We also visited the White Sage Burn area and discussed pinyon-juniper management and changing fire regimes on the landscape.

The next morning, we drove to Page, Arizona, for a tour of Glen Canyon Dam with Bob Martin, Deputy Power Manager for the U.S. Bureau of Reclamation. Authorized by the Colorado River Storage Project Act of 1956 and completed in 1963, Glen Canyon Dam was built to store water for Colorado River Compact requirements and generate hydroelectric power. Standing inside the dam, we talked about the future of Lake Powell and the very real possibility of the reservoir reaching “dead pool,” the level at which water can no longer flow through the dam, and even “power pool,” where hydropower generation would no longer be possible. These questions—about water storage, electricity, drought, and the ability of Upper Basin states to meet compact obligations—made clear just how much the modern West depends on this single river system.

After the tour, we continued to Tuba City, located on the border of the Navajo and Hopi reservations, reflecting on everything we had seen and learned over the past several days—about conservation, history, water, energy, and the many different people and communities connected to these landscapes.

Tuba City happened to be the city that Professor Krakoff began her career in American Indian Law, working for DNA People’s Legal Services for three years. We visited her home when she lived in Tuba City – an old Mormon settlement with tall poplar trees. We got to see Newspaper Rock – a popular site for petroglyphs from various historical tribes that used the rock to communicate with each other. We spoke with women from Change Labs – a non-profit working on giving resources to Native run businesses through providing business coaching, microloans, and a workspace for people to work out of. They work with all different types of businesses to help make sure that businesses on the reservation can thrive. This was complimented by a talk with Amber Benally and Ethan Aumack who highlighted the Grand Canyon Trust’s Just Transition Program focused on helping tribes that benefitted from coal mining to transition to non-extractive industries.

At Window Rock, the capital of the Navajo Nation, we spoke to Bidtah Becker, the Chief Legal Counsel for the President and Vice President, about current water rights settlements happening on the Colorado River, the Navajo Nation’s water settlement, and how the two are intertwined. We also got to speak with one of the Navajo Nation’s hydrologists who explained the science of the water settlement to us. Finally, we had lunch in town with Navajo tacos, a specialty on the Nation. We stopped by the home of Deon Ben, the Native America Director, who talked about his work with the Grand Canyon Trust and working on coalition building for Southwest Tribes, including the tribes work with establishing and managing nearby National Monuments. He also allowed us to see into his home, a modern day hogan. Hogans are traditional dwellings of the Navajo people. Being able to see him living and working on his families homestead was a privilege.

On Thursday, we left the Navajo Nation and went back into Colorado. We stayed in Ignasio, Colorado where we met with Lisa Yellow Eagle, and got to visit the Southern Ute Indian Tribe. We talked about the Southern Ute’s federally reserved water rights and the water projects that they and the BIA have on tribal property. Then we got to tour the Pine River Indian Irrigation Project (“PRITT”) and see the miles and miles of irrigation and canals that the tribe uses to get water. We discussed water settlements and how the water of Colorado has been used to support the tribe, and various economic avenues that the tribe has used to support itself. As an added benefit we got to see a bald eagle flying away!

Finally, we met with a former student of the seminar, who went on his own field seminar down by the Rio Grande when he attended Colorado Law. We had dinner with Dan McCarl who currently works for Maynes, Bradford, Shipps & Sheftel. He has worked with the DOJ in the Environment & Natural Resource Division and Western Energy Project and had a very nuanced view into how various aspects of American Indian Law, energy law, and water law coincide. He offered insight into how to be an attorney working from different avenues to help achieve our goals.

We spent the night in Pagosa Springs before driving back up to Boulder on Friday. After eight days of learning and being on the road we were very excited to be back at Colorado Law to be able to put everything we learned about into action!

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Rethinking How the United States and Mexico Share the Colorado River

Annie Carlozzi — Mon, 30 Mar 2026 16:35:06 +0000

Rethinking How the United States and Mexico Share the Colorado River Annie Carlozzi Mon, 03/30/2026 - 10:35

Eric Kuhn , Anne Castle , Carlos de la Parra , John Fleck , Jack Schmidt , Kathryn Sorensen , Katherine Tara

With the existing Colorado River operating rules set to expire in nine months, the relationships among the Basin States have been the focus of much discussion and analysis, but the agreements between the US and Mexico governing their relationship are terminating at the same time. Discussions between the two countries are just ramping up, and there is a window of opportunity for new, creative arrangements that better reflect conditions on the River and make Mexico less dependent on what appears to be inevitable litigation in the US. This paper looks closely at the hydrology and hydrogeography of the Colorado River and suggests a shift from a fixed volume delivery obligation to one that equitably shares whatever water exists on a percentage basis.

Authors:
Eric Kuhn, Anne Castle, Carlos de la Parra, John Fleck, Jack Schmidt, Kathryn Sorensen and Katherine Tara

Rethinking How the United States and Mexico Share the Colorado River

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Aden Choate and Leah Dory Named 2026 David Harrison Innovations in Water and Energy Law & Policy Fellows

Annie Carlozzi — Fri, 20 Mar 2026 20:24:26 +0000

Aden Choate and Leah Dory Named 2026 David Harrison Innovations in Water and Energy Law & Policy Fellows Annie Carlozzi Fri, 03/20/2026 - 14:24

University of Colorado Law School students Aden Choate ('28) and Leah Dory ('28) are this year’s David Harrison Innovations in Water and Energy Law & Policy Fellows. The Fellowship, initiated in 2010 by partners of the law firm of Moses, Wittemyer, Harrison and Woodruff, P.C. in honor David L. Harrison (Law ‘71), is awarded each year to a Colorado Law student on the basis of academic performance, commitment to public service, and interest in the study of water and energy law and policy. This year, for the first time, we are thrilled to support two Harrison Fellows.

Aden Choate is a first-year law student from Charleston, IL, with a keen interest in environmental governance and water law. She earned a Bachelor of Science in Foreign Service from Georgetown University’s Walsh School of Foreign Service in 2021, where she majored in Culture & Politics with a focus on political ecology in the Andean region. While studying abroad in Ecuador, she first encountered rights-of-nature frameworks, which the country codified in its 2008 constitution to grant legal rights to natural bodies. Before law school, Aden worked for three years as a journalist, most recently as a staff reporter in Provincetown, MA, covering local government. Her reporting on water-related conflicts sparked her interest in water law and its role in community governance. Through the Harrison Fellowship, she looks forward to advancing her understanding of rights-of-nature frameworks and comparative water law, and to building a foundation to further explore their applications for water security in the United States.

Leah Dory is a first-year law student interested in water law and policy. Inspired by growing up on a farm in Colorado, interning with a U.S. senator, and studying water policy in China, Leah is interested in the ways law shapes our relationship to water, land, and one another. Through the Harrison Fellowship, Leah seeks to engage more deeply at the intersection of law and environmental systems while learning new ways to advance the sustainable management of water. Leah is a Student Deputy Director of the Acequia Assistance Project, the incoming Vice President of NALSA, and ELS Bar Association Liaison and Coordinator for the CU Undergraduate Colorado Water Fellows. When not reading for class, Leah climbs rocks, makes stained glass art, and plays in the snow.

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Samantha Crosby (Colorado Law '28) Named 2026 Conscience Bay Company Western Water Policy Fellow

Annie Carlozzi — Wed, 18 Mar 2026 19:44:46 +0000

Samantha Crosby (Colorado Law '28) Named 2026 Conscience Bay Company Western Water Policy Fellow Annie Carlozzi Wed, 03/18/2026 - 13:44

University of Colorado Law School student Samantha Crosby ('28) is this year’s Conscience Bay Company Western Water Policy Fellow. The Conscience Bay Company Western Water Policy Fellowship, initiated in 2023 by leaders of the Conscience Bay Company, is awarded each year to a Colorado Law student on the basis of academic performance, commitment to public service, and interest in the study of Western water law and policy. To the extent practicable, each Conscience Bay Company Western Water Policy Fellow will focus on a specific project in advancing innovative solutions for sustainable management of water in the Western United States.

Samantha Crosby is a 1L student at the University of Colorado Law School. She grew up in Scottsdale, Arizona and spent a lot of her childhood on the water in Arizona — Bartlett Lake, Lake Powell, etc. Watching the Phoenix area expand despite water shortages led to her interest in water law. She hopes to explore the water policy issues impacting her new community in Colorado and her community back home in Arizona. She's hopeful that her research through the Fellowship will supplement her learning in the environmental classes she plans to take throughout her time at Colorado Law and give her an interesting perspective on the legal issues that impact Western water policy.

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Acequia Assistance Project Student Attorneys Attend 12th Annual Congreso de Acequias

Annie Carlozzi — Mon, 09 Mar 2026 19:37:36 +0000

Acequia Assistance Project Student Attorneys Attend 12th Annual Congreso de Acequias Annie Carlozzi Mon, 03/09/2026 - 13:37

Leah Dory and Conor Hughes

Acequia Assistance Project student attorneys, along with MENV policy students, went to the San Luis Valley this month to attend the 12th annual Congreso de Acequias. While there, students met with their clients, experienced the local culture, and learned about the generational traditions of ranching and farming in the Valley. This visit allowed students to connect more deeply with the community and gain hands-on legal experience.

The trip to the Valley began on Friday afternoon with client meetings, where students met one-on-one with their clients regarding a variety of issues, such as bylaws and incorporations for acequias. These conversations grounded students' work in real relationships, offering a deeper understanding of the legal questions at hand. The team then rounded out the evening at the infamous Mrs. Rios for a Mexican/Thai dinner. This year, the group was joined by activist Shirley Romero Otero for an engaging dinner speech about the history of the Valley and the ongoing issues the Valley is facing.

Before the start of Congreso de Acequias at the local school, students went on a ditch and farm tour with local fifth-generation farmer, Aquino “Jerry” Gellegos. Students walked the People Ditch, Colorado's oldest continuously used ditch, with court decree priority number one from 1852, while Jerry shared the ditch’s importance to the community. Students then visited Jerry's cattle operation and met the cute new calves.

The main event, Congreso de Acequias, is an annual full-day conference that centers local voices, issues, and plans for the future. The event began with a bendición de las aguas – the blessing of the water – where water from each acequia in attendance was combined and blessed by a priest. The water was then poured into small jars and distributed to the community.The ceremony set the tone for the day, that water is not just as a resource, but something communal, cultural, and deeply relational.

The first presentation was from the Division of Water Resources, which examined the forecasted flows in the area. This bleak forecast was followed by a cautionary presentation from Gerald Romero, who shared about surviving and rebuilding in the aftermath of the Hermit Peak Calf Canyon fire in northern New Mexico. Drawing parallels to the San Luis Valley, he offered both warning and guidance, emphasizing preparation, resilience, and community response in the face of increasing fire risk.
These stimulating presentations were followed by Acequia Assistance Project Director Gregor MacGregor’s invitation to community members in need of legal assistance to fill out a program intake form. The annual student art contest then presented awards to students from kindergarten to high school for the art they made representing water and the community. A delicious lunch, entirely composed of locally sourced food, followed.

The afternoon began with a discussion of beavers. While an integral part of the landscape and providing many watershed benefits, beavers have also been a thorn in the side of many irrigators in the Valley. A variety of solutions, “beaver deceivers,” have been created to promote coexistence between irrigators and beavers, such as culvert protectors and tree wrapping. Attendees then headed out to the field for a demonstration on two methods for improving soil health, no-till and fungal-rich compost.

Throughout the weekend, students took this opportunity to learn, listen, and build relationships with the community. These experiences will shape how they approach their clients and understand the broader significance of their work. The Acequia Assistance Project is grateful to all the community members who provided such a warm welcome to the students this year. Students are already looking forward to their next trip to the Valley!

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CBC Western Water Policy Fellowship - Now Accepting Applications!

Annie Carlozzi — Tue, 17 Feb 2026 15:59:56 +0000

CBC Western Water Policy Fellowship - Now Accepting Applications! Annie Carlozzi Tue, 02/17/2026 - 08:59

GWC is now accepting applications for the Conscience Bay Company Western Water Policy Fellowship.

Program Overview

The Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (GWC) at the University of Colorado Law School is proud to announce the Conscience Bay Company Western Water Policy Fellowship for the 2026–27 academic year. This fellowship provides a Colorado Law student with hands-on experience in Western water law and as well as mentorship, professional development, and opportunities for scholarship and networking.

Key benefits include:

Legal research and writing, supported by GWC staff, focused on real-world water law challenges, including Colorado River management, interstate water governance, groundwater management, and Tribal water rights.
Mentorship from faculty, GWC staff, and practicing attorneys – opportunities to work alongside GWC’s Executive and Assistant Directors, the Director of GWC’s Western Water Policy Program, GWC’s Post-Grad Water Law Fellows, and access to GWC’s network of leaders on the Advisory Council.
Opportunities for original scholarship and publication.
Travel support for conferences and networking events.

Eligibility

Open to currently enrolled 1L and 2L students at Colorado Law.

Fellowship Stipend

The Fellow will work approximately 10 hours per week during the fall and spring semesters at $20/hour. Scheduling is flexible to accommodate coursework and other commitments. The Fellow may begin working with GWC during the 2026 spring semester as scheduling permits.

Program Overview, Benefits and Application Process Available Here

Now accepting applications through March 1, 2026 at 11:59pm

For further information, please feel free to contact GWC Assistant Director, Annie Carlozzi at annie.carlozzi@colorado.edu or 303-492-1286.

Watch the Information Session Recording: In November, current GWC hosted a lunch and learn regarding these opportunities and invited current scholars and fellows to share their experience in their respective positions with interested students. If you are a current Colorado Law student, you can access that recording here.

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Considerations for Assigned Water after Expiration of the 2007 Guidelines

Annie Carlozzi — Mon, 26 Jan 2026 21:34:41 +0000

Considerations for Assigned Water after Expiration of the 2007 Guidelines Annie Carlozzi Mon, 01/26/2026 - 14:34

Assigned Water programs in the Colorado River system, like Intentionally Created Surplus and Mexican Water Reserve, have created valuable flexibility in the Lower Basin. These programs mitigate the disincentive for conservation or saving water inherent in the prior appropriation system of water rights, the "use it or lose it" phenomenon. They have proved to be critical to managing volatility in water supplies and were an essential component of the 2019 Drought Contingency Plan.

During the two decades that Assigned Water has existed in the Colorado River, we have learned more about both the benefits of these programs and some of the problems with the specific rules through which they have been implemented. A group of Colorado River policy experts, dubbed the Traveling Wilburys of the Colorado River, has published a new paper discussing the advantages and drawbacks of existing Assigned Water programs and providing recommendations for designing a better system for the future, including a potential conservation pool in the Upper Basin.

An executive summary of the work is provided here, together with the complete discussion and rationale for specific recommendations.

Authors:
Kathryn Sorensen, Sarah Porter, Anne Castle, John Fleck, Eric Kuhn, Jack Schmidt, Katherine Tara

Executive Summary and Recommendations

Considerations for Assigned Water after Expiration of the 2007 Guidelines

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Colorado River Continues to Bring Unlikely Parties Together at CRWUA

Annie Carlozzi — Mon, 29 Dec 2025 15:51:40 +0000

Colorado River Continues to Bring Unlikely Parties Together at CRWUA Annie Carlozzi Mon, 12/29/2025 - 08:51

Daniel Anderson

Image by Lex Padilla

The Colorado River Water Users Association annual conference met in Las Vegas last week. Each year, over a thousand government officials, members of the press, municipal water district leaders, water engineers, ranchers, and tribal members meet to discuss the management of the mighty Colorado River. Hanging over the three-day conference was a stalemate between the upper and lower basin states over how to manage the Colorado River after current operational guidelines expire at the end of 2026.

Throughout the conference, the states’ inability to reach a consensus deal produced ripple effects. The stalemate held back progress on both near term shortage concerns (experts predict that Lake Powell will be only 28% full at the end of the ’25-’26 water year) and long-range planning, such as the development of the next “Minute” agreement between the United States and Mexico.

The closing act of CRWUA 2025 was an orderly (and familiar) report from each of the basin states’ principal negotiators that their state is stretched thin but remains committed to finding a consensus agreement. This final session had no discussion or Q&A. The basin states now have until February 14th to provide the Bureau of Reclamation with their consensus deal, which would presumably be added to an Environmental Impact Statement (EIS) draft that is expected to be released in early January. With time running short, many worry that public participation in the EIS process – vital to informed decision-making – will be greatly reduced.

Still, as Rhett Larson of Arizona State University said on the first day of the conference, “Desert rivers bring people together.” Tribal governments continue to innovate in the areas of conservation and storage, even in spite of ongoing challenges to meaningful access of federally reserved tribal water rights. For instance, the Colorado River Indian Tribes, or CRIT, shared news of a Resolution and Water Code recently passed by their Tribal Council which work together to recognize the Colorado River’s personhood under Tribal law. This provides CRIT with a holistic framework for on-reservation use and requires the consideration of the living nature of the Colorado River in off-reservation water leasing decisions. John Bezdek, who represented CRIT at the conference, put it this way: “If laws are an expression of values, then this tribal council is expressing to the world the importance of protecting and preserving the lifeblood of the Colorado River.” Among others, Celene Hawkins of The Nature Conservancy and Kate Ryan of the Colorado Water Trust also shared about the unique, and often unlikely, partnerships formed to protect stream flows and the riparian environment across the Colorado River basin.

Notwithstanding the basin states’ current deadlock, one theme rang true at CRWUA 2025: Despite the dire hydrologic and administrative realities facing decision-makers today, the Colorado River continues to bring unlikely parties together.

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The Shoshone Instream Flow Acquisition: Public Process Carves a Path Forward

Annie Carlozzi — Mon, 15 Dec 2025 15:00:00 +0000

The Shoshone Instream Flow Acquisition: Public Process Carves a Path Forward Annie Carlozzi Mon, 12/15/2025 - 08:00

Daniel Anderson

On November 19^th, a rapt crowd gathered both in Denver and online for a six-hour public hearing and deliberation by the Colorado Water Conservation Board (CWCB) board members. CWCB was meeting to consider a proposed deal to acquire and protect the water rights for the Shoshone hydropower station in the Colorado River as an “instream flow” (ISF). Perhaps more fascinating than the CWCB board members’ approval of the ISF agreement, however, was the open process built on shared values that led to this decision.

The non-consumptive Shoshone water rights, which have been generating power at the Shoshone generating station in Glenwood Canyon for nearly a century, have considerable importance on the Colorado River. Under the proposed ISF agreement, once Public Service Company (PSCo) stops generating hydropower under these Shoshone rights in the future, the water will continue to flow downstream rather than become available to junior users, like those on Colorado’s Front Range. A collection of West Slope entities, CWCB, and (presumably) the federal government will chip in to pay $98.5 million to purchase the water rights and then donate them to the CWCB in perpetuity. The goal: improve the environment on the 2.4-mile stretch in Glenwood Canyon where water currently is diverted out of the Colorado River to generate power before being returned. Importantly, acquiring these water rights would also maintain the fragile status quo for municipalities, irrigation districts, endangered species, and recreation downstream.

Some Front Range municipal water users, like Denver Water and the Northern Colorado Water Conservancy District (Northern), opposed technical and legal elements in the agreement to change these significant water rights for use as instream flows. After several hours of thoughtful questioning and tinkering with words like “shall” and “may,” the CWCB board members ultimately approved the monumental ISF agreement on terms substantially similar to the proponents’ proposal. The legal transfer of the water rights contemplated in the agreement now heads to Colorado water court (25CW3177). There, the water court process should lead to a decree that ensures the exercise of these water rights matches historical use, and therefore, no injury comes to other Colorado River users.

Characterizing public decision-making processes as wasteful and inefficient is in vogue. Just eight days before CWCB’s approval of the Shoshone ISF agreement, the seven Colorado River basin states failed to meet a deadline on how they plan to manage Colorado River operations after 2026 – all after years of primarily closed-door negotiations. But the CWCB’s process during the Shoshone water rights acquisition facilitated both collaboration and compromise – two critical elements that appear to be missing from the present negotiations regarding the Colorado River’s post-2026 operations. The Shoshone example demonstrates that a public process rooted in shared values can lead to fair, durable, and flexible solutions in complex water management problems.

Finding Compromise through Effective Public Process

Despite the high stakes, the November 19^th CWCB hearing that decided the fate of the Shoshone ISF agreement was remarkably open and fluid. In fact, this hearing was actually an extension from a roughly fourteen-hour opposition hearing that took place September 17^th-18^th pursuant to the public process required by 2 CCR 408-2 (specifically, ISF Rule 6m). The two-day September hearing concluded with a request by CWCB board members to both sides: earnestly pursue mediation with former water court judges to reach a negotiated settlement before the next regular CWCB board meeting on November 19^th-20^th. Two months later, the parties brought back competing redlined versions of the ISF agreement (and even competing bluelines due to fractures among the opposers). Despite returning without a complete settlement, CWCB staff and the Colorado River District (CRD), the named proponents of the ISF agreement, incorporated solutions to some of the opposers’ major concerns. For example, their proposed version provided a mechanism to continue a 2007 agreement that allows Denver Water to jump the seniority queue for Colorado River water using the Shoshone rights under defined “drought” conditions.

Despite this progress, a few issues lingered during the November 19^th hearing. It became evident three hours into the hearing that neither side would surrender on a few aspects of the ISF agreement. And the CWCB board members, representing every major water basin across the state, seemed uncertain whether they really needed to reach a decision that day. But their hesitation was not due to a lack of decisiveness or entrenched positions. Rather, the hesitation reflected concerns with how future generations might look upon this acquisition long after these decision-makers were gone. CWCB board members wrestled with these concerns on hot mics, prefacing questions and statements with their unique expertise and regional perspective.

For instance, Denver Water and Northern warned the CWCB board members that under the proponents’ ISF agreement, the CWCB would cede their statutory authority to CRD in perpetuity due to Section 7B, the collaborative process created for voluntary ISF call reductions. CWCB board members asked clarifying questions of both sides to understand the details of 7B. In limited circumstances, 7B allows CWCB and CRD to jointly decide whether to voluntarily reduce the amount of water flowing downstream under the Shoshone water right. This voluntary reduction was not required by law or any previous agreement but was included by CWCB and CRD to provide opportunities for public input and adaptive action if unforeseen challenges threatened future Coloradans across the state. Rather than shy away from an innovative process due to an unresolved legal argument over CWCB’s exclusive authority, CWCB board members shifted their attention to adjusting 7B’s language to fairly accomplish the aims of such a voluntary call reduction. During final edits on the ISF agreement, CWCB board members ensured that any “affected water user” – not just current opposers – could request this voluntary reduction. They also changed language so CWCB and CRD could make these voluntary call reductions based on future circumstances beyond the already-extensive list of factors found in 7Biii.

The hearing was time-consuming and a bit unstructured, but in the end, quite productive. Ultimately, the hearing officer suggested projecting the proponents’ updated ISF agreement for all attendees to see, then collectively reviewing and editing the ISF agreement live. Under the leadership of Chair Lorelei Cloud, the CWCB board members agreed to this approach. At the end of the night, a modified version of the ISF agreement containing compromise, flexibility, and creative joint decision-making mechanisms was approved by the CWCB board members. The transfer of these rights still needs to clear other hurdles, but in time, CWCB will hold this substantial water right in perpetuity to preserve and improve the natural environment on the Colorado River.

Shrouded Colorado River Negotiations

Compare this with the cycle of closed-door negotiations taking place between the seven basin states over the Colorado River. For the last few years, state negotiators have engaged in clandestine meetings, often in undisclosed locations, at undisclosed times. The public often hears only a few rumors of what is being discussed. Publicly, basin representatives repeat the legal positions that reinforce their proposed management alternative but also commit to continuing the difficult discussions off-the-record. Then the cycle repeats.

This heightened level of confidentiality might be prudent for settlement negotiations involving a sensitive private matter, such as a business dispute. But 40 million people across the American west depend on the Colorado River for their livelihoods. And this closed-door approach centered on the basin states largely excludes Native Nations, many of which cannot meaningfully benefit from their significant reserved water rights to Colorado River water. The current approach further constrains their sovereignty and their relationship with the river.

This opaque method of deciding the shared fate of the Colorado River has understandably generated frustration across the basin. At the Getches-Wilkinson Center’s Colorado River Conference this past June, Jim Lochhead, Colorado’s former top water negotiator, described the current process like “waiting for the black smoke or the white smoke to come out off the seven-state negotiating room.” So far, this conclave-like strategy has been ineffective: the states recently blew through another deadline on November 11^th.

Public Process and Binding Values in Effective Decision-making

It’s fair to say that there are just as many differences as similarities between Colorado River basin management and the Shoshone ISF agreement approval by the CWCB board members. The latter is just one step in the process to change ownership and use of water rights within Colorado law. Once the Shoshone generating station shuts down, this ISF right will improve the natural environment in the 2.4-mile stretch of Glenwood Canyon while largely maintaining the existing downstream flow regime. On the other hand, Colorado River negotiations currently take place between seven states (and impact the interests of two national governments and thirty sovereign tribal governments). That’s a whole lot more cats to herd than the seven major river basin representatives on the CWCB board who undoubtedly have more in common as a headwater state.

But take a step back from those differences, and the potential benefits of embracing a transparent and mission-driven process emerge. At least on November 19^th, that approach ultimately led to a thoughtfully crafted decision to preserve crucial flows in the Colorado River into perpetuity. Such a public process may provide more incentives for negotiators to move off sticky legal arguments and consider reasonable compromises that include everyone with a stake in the Colorado River.

While opening the Colorado River’s management to a more public process could help, the success in the Shoshone ISF acquisition also required shared values. In CWCB’s Shoshone acquisition, even the opposers applauded the efforts to preserve this water for environmental reasons for future generations. To be sure, the opposers still have more chances in water court to question the CWCB’s authority to share some decision-making and quibble with the historical use volumes of the Shoshone generating station. But they also recognized the factors by which the CWCB were making their decision (ISF Rule 6e). And the Colorado legislature gave the CWCB a clear mission: “to conserve, develop, protect, and manage Colorado’s water for present and future generations.” (See also, C.R.S. 37-60-102). While broad, this mission empowers CWCB to balance competing interests in Colorado's rivers and streams, which is exactly what happened during the Shoshone proceedings.

No comparable shared mission glues parties together in the Colorado River Compact of 1922 with equal clarity. There, the major purposes found in Article I are to “provide for the equitable division and apportionment of the use of the waters of the Colorado River System; to establish the relative importance of different beneficial uses of water; to promote interstate comity; to remove causes of present and future controversies; and to secure the expeditious agricultural and industrial development of the Colorado River Basin… To these ends the Colorado River Basin is divided into two basins…”. The Compact divided the basin in half and adopted a rigid allocation system in the hopes of preventing future conflict once and for all. Nonetheless, a century of controversies has followed, limiting the options available to future leaders entrusted with managing the Colorado River.

Despite good intentions when drafting the Compact, the basin states lack a body with executive authority and technical staff like the CWCB. Where no such body is directed to carefully weigh collective gains that can be shared by an entire basin, river, or region, the opportunities for creative compromise narrow. Conversely, Colorado statutes require the CWCB to act with all Coloradans in mind, and disagreements by the parties involved in the Shoshone ISF acquisition hearing were frequently couched in this unitive framework. In terms of water management decisions, this led to a relatively fast, inexpensive resolution.

Some deadlines will surely be missed when many parties are involved in making difficult, lasting choices. In the case of the Shoshone ISF agreement, extending the final decision one time after the September hearing was arguably a feature of a functioning, flexible process. Parties reported at the November 19^th hearing that they spent the past two months meeting together. These efforts led to major modifications, incorporating the concerns of various stakeholders while also making concessions that may pay dividends to the entire Colorado River basin.

While certainly not a silver bullet, Colorado River basin states should take a step back to orient around shared values to drive a more inclusive, public process. Armed with these values, Colorado River decision-makers would be empowered to realign their positions from adversaries to allies. This realignment could then inform a new approach, like creating an inter-sovereign commission that serves as a public forum or even updating the compact with a modern water allocation scheme. Future generations will thank today’s leaders for taking that risk.

For Further Reading

Final Shoshone ISF Agreement.

Colorado Water Conservation Board, 2025 Shoshone ISF Acquisition (last visited Dec. 10, 2025).

Matthew McKinney, Jay Weiner & Daryl Vigil, First in Time: The Place of Tribes in Governing the Colorado River System, 63 Nat. Res. J. 153 (2023).

Colorado River Research Group, Colorado River Insights: Dancing with Deadpool 55 (Dec. 2025).

Up Next

Stay tuned for an upcoming piece discussing the CWCB’s authority to share management of its instream flow rights – and what that means for future streamflow protection in Colorado.

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