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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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Colorado River Insights, 2025: Dancing with Deadpool

Annie Carlozzi — Wed, 03 Dec 2025 20:46:16 +0000

Colorado River Insights, 2025: Dancing with Deadpool Annie Carlozzi Wed, 12/03/2025 - 13:46

In a collection of essays and research summaries, eleven members of the Colorado River Research Group (with eight guest contributors) touch on issues as diverse as plummeting reservoir storage, climate change trends, risk management, agricultural water conservation, equity, and governance, all against the backdrop of the need to fashion post-2026 reservoir operating rules.

Download the report here:
Colorado River Insights, 2025: Dancing with Deadpool

Chapter 1. Colorado River Reservoir Storage – Where We Stand
Jack Schmidt, Anne Castle, John Fleck, Eric Kuhn, Kathryn Sorensen, and Katherine Tara

Chapter 2. Think Natural Flows Will Rebound in the Colorado River Basin? Think Again.
Jonathan Overpeck and Brad Udall

Chapter 3. The Erosion of the Colorado River “Safety Nets” is Alarming
Doug Kenney

Chapter 4. Water Equity in the Colorado River Basin
Bonnie Colby and Zoey Reed-Spitzer

Chapter 5. The Tale of Three Percentage-Based Apportionment Schemes
Eric Kuhn

Chapter 6. A Humbly Proffered Proposal to Aid the Colorado River System: Conservation Easements & Land Purchases
Kathryn Sorensen and Sarah Porter

Chapter 7. Facing the Future: Can Agriculture Thrive in the Upper Basin with Less Water?
Kristiana Hansen, Daniel Mooney, Mahdi Asgari, and Christopher Bastian

Chapter 8. Towards a Basinwide Entity: Moving from Vision to Action
Matthew McKinney, Jason Robison, John Berggren, and Doug Kenney

Contributors

Colorado River Research Group (CRRG) Members

Bonnie Colby, Professor, University of Arizona.

John Fleck, Writer in Residence, Utton Transboundary Resources Center, University of New Mexico.

Kristiana Hansen, Professor, Department of Agricultural and Applied Economics, University of Wyoming.

Doug Kenney, Director, Western Water Policy Program, Getches-Wilkinson Center, University of Colorado Law School; and Chair, Colorado River Research Group.

Eric Kuhn, Retired General Manager, Colorado River Water Conservation District.

Matthew McKinney, Co-director, Water & Tribes Initiative; Senior Fellow, Center for Natural Resources & Environmental Policy, University of Montana; Fulbright Specialist 2025-2027.

Jonathan Overpeck, Dean, School for Environment and Sustainability, University of Michigan.

Jason Robison, Professor of Law and Co-Director, Gina Guy Center for Land & Water Law, University of Wyoming.

Jack Schmidt, Director, Center for Colorado River Studies, Utah State University, and former Chief, Grand Canyon Monitoring and Research Center.

Kathryn Sorensen, Kyl Center for Water Policy, Arizona State University; and former Director, Phoenix Water Services.

Brad Udall, Senior Water and Climate Research Scientist/Scholar, Colorado Water Center, Colorado State University.

Guest Contributors

Mahdi Asgari, Postdoctoral Scholar, Department of Agricultural and Applied Economics, University of Wyoming.

Christopher Bastian, Professor, Department of Agricultural and Applied Economics, University of Wyoming.

John Berggren, Regional Policy Manager, Western Resource Advocates.

Anne Castle, Senior Fellow, Getches-Wilkinson Center, University of Colorado Law School; former US Commissioner, Upper Colorado River Commission; and former Assistant Secretary for Water and Science, US Department of the Interior.

Daniel Mooney, Associate Professor of Agricultural and Resource Economics, Colorado State University.

Sarah Porter, Director, Kyl Center for Water Policy, Arizona State University.

Zoey Reed-Spitzer, Research Assistant, North Carolina State University (formerly University of Arizona).

Katherine Tara, Staff Attorney, Utton Transboundary Resources Center, University of New Mexico.

Download the report here:
Colorado River Insights, 2025: Dancing with Deadpool

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GWC Scholarships and Fellowships - Now Accepting Applications!

Annie Carlozzi — Tue, 02 Dec 2025 17:38:08 +0000

GWC Scholarships and Fellowships - Now Accepting Applications! Annie Carlozzi Tue, 12/02/2025 - 10:38

GWC is now accepting applications for the Wyss Scholars Program for U.S. Lands Conservation and the Harrison Fellowship in International Water Law.

Wyss Scholars Program for U.S. Lands Conservation

The Wyss Scholars Program seeks to identify and nurture a new generation of leaders on western land conservation issues by providing financial support to students who are committed to careers focused on western conservation.

Two Wyss Scholars will be selected each year on the basis of leadership potential, commitment to furthering land conservation in the American West, commitment to pursuing a career in nonprofit or public sector conservation, financial need, and academic strength. While experience living or working in the West is preferred, all students interested in western lands and sustainability issues are encouraged to apply.

Eligibility: All current 2L JD candidates at the University of Colorado Law School are eligible to apply. Two Law School students will be selected each year for the Wyss Scholars programs.

For complete descriptions and application instructions:

The Wyss Scholars Program for U.S. Lands Conservation

Harrison Fellowship in International Water Law

The Innovations in Water and Energy Law & Policy 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. To the extent practicable, each Harrison Fellow will focus on a specific project where the partner organization is advancing innovative solutions for sustainable management of water or related energy resources outside the United States.

Harrison Fellows will serve for no less than eight (8) weeks during the summer with a qualifying organization and will be provided a stipend as set forth below. The Fellow will produce a report on the relevant subject matter, where permitted by the host organization, and present the results of their work at a seminar hosted by the GWC.

Eligible Colorado Law students may apply for Harrison Fellowship funding for summer unpaid or underpaid internships (less than $500 per week) with a qualifying organization (a 501c3 or other non-governmental organization), involved in international conservation, water and/or related energy issues. Organizations may not use the availability of the stipend to eliminate or reduce originally offered or attached compensation.

Eligibility: The summer Fellowship will be open to currently enrolled University of Colorado Law School students who will continue to be Colorado Law students returning in the fall, including current 1L and 2L students.

For complete descriptions and application instructions:

The Harrison Fellowship in International Water Law

GWC is now accepting applications for both positions through January 16, 2026.

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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2026 Conference on the Colorado River

Annie Carlozzi — Mon, 01 Dec 2025 16:10:39 +0000

2026 Conference on the Colorado River Annie Carlozzi Mon, 12/01/2025 - 09:10

The Getches-Wilkinson Center and Water & Tribes Initiative will be co-convening the 2026 Conference on the Colorado River on Thurs, June 4th and Fri, June 5th at the Wolf Law Building in ��, CO.

We hope you join us for what will be sure to be an engaging 2-day conference bringing together thought leaders from across the Colorado Basin.

Thursday, June 4th and Friday, June 5th

8:00 a.m. 5:00 p.m. (Mountain Time)
Wolf Law Building, Wittemyer Courtroom

Breakfast, Snack and Lunch provided daily
Attendee reception provided on Thurs, June 4th

Registration will open on January 15, 2026.

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GWC Fall 2025 Newsletter

Annie Carlozzi — Tue, 25 Nov 2025 21:43:40 +0000

GWC Fall 2025 Newsletter Annie Carlozzi Tue, 11/25/2025 - 14:43

Featured Articles:

The Debate Over Public Lands in Public Hands
Ruth Wright Distinguished Lecture with John Leshy
Martz Symposium on Public Lands
Getches-Green Natural Resources, Energy and Environmental Law Clinic
Could Good Samaritans Fix America's Hardrock Abandoned Mine Project?
Introduction of GWC Research Assistants and Fellows

PLUS:

2025 Match Challenge for the GWC
2026 Conference on the Colorado River Save the Date

Read the Newsletter here

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GWC Works with Law Professors Across the West to Weigh in on Public Lands Rule

Annie Carlozzi — Wed, 12 Nov 2025 16:03:17 +0000

GWC Works with Law Professors Across the West to Weigh in on Public Lands Rule Annie Carlozzi Wed, 11/12/2025 - 09:03

In 2024, the Bureau of Land Management issue a new set of regulations that would guide its oversight of 245 million acres of federal public lands. Known as the “Public Lands Rule,” the regulations implement the “multiple use and sustained yield” framework adopted by Congress in the Federal Land Policy & Management Act of 1976 (FLPMA). The 2024 regulations clarify BLM’s mission to focus on stewardship of public resources by managing for long-term ecological health and resilience, which will protect the interests of the American public in a sustained yield of renewable and non-renewable resources. The intent of the Rule is to ensure that BLM treats conservation of public resources on par with other multiple uses.

The Rule is well-grounded in FLPMA, which directs BLM to manage the public lands for the long-term interests of the American public without allowing for permanent impairment of the land and the quality of the environment. The Rule does not direct BLM to allow or disallow any specific uses at any particular place, but rather it sets forth a framework for how landscape health will be measured and tracked over time, and how natural resources will be protected when BLM considers potential uses of public lands.

With the change in Administration, BLM recently proposed to rescind the Public Lands Rule, asserting that it was conflict with BLM’s statutory authorities in FLPMA. The public notice did not provide much detail on the alleged statutory conflict, but BLM stated its intent to rescind the Rule in whole.

GWC recently submitted comments on the proposed rollback of the Public Lands Rule and worked with law professors across the west to ensure that BLM correctly interprets and applies the multiple use and sustained yield of FLPMA. When Congress passed this bedrock law in 1976, it clearly delegated to the Secretary of the Interior the discretion to decide which uses will be allowed to strike the correct balance between extraction and protection of natural resources. The law professors weighed in to protect the integrity of FLPMA and to uphold the authority of BLM to carefully manage and protect our shared natural resources.

Read submitted comments here.

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Broken Trust

Annie Carlozzi — Thu, 30 Oct 2025 15:00:47 +0000

Broken Trust Annie Carlozzi Thu, 10/30/2025 - 09:00

Tribal Nations and communities will experience a 70% reduction in funding - losing $551 million dollars - for access to clean, reliable, and accessible drinking water under the Trump administration’s proposed FY 2026 budget. The President’s budget proposal is clear demonstration of the Trump Administration’s policy priorities and its view of federal responsibilities to Tribal Nations. Broken Trust, a new report from the initiative on Universal Access to Clean Water for Tribal Communities describes the devastating cuts proposed to Tribal water infrastructure funding and the inevitable impacts.

Read the full report here:
Universal Access to Clean Water for Tribal Communities (UACW), 2025. “Broken Trust: President Trump’s Proposed FY 2026 Budget and Tribal Water.”

Image credit: : Russel Albert Daniels

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GWC Scholarships and Fellowships Lunch and Learn

Annie Carlozzi — Sat, 25 Oct 2025 18:07:14 +0000

GWC Scholarships and Fellowships Lunch and Learn Annie Carlozzi Sat, 10/25/2025 - 12:07

Join us for lunch, learn about GWC Scholarship and Fellowship Opportunities!

Monday, November 10
12-12:45pm
Room 206

Current Getches-Wilkinson Center Scholars and Fellows will share information on the various funding opportunities available through GWC. This will include instructions on how to apply for a Summer 2026 or Academic Year 26/27 Scholarship or Fellowship in Natural Resources, Public Lands and Water Law.

Opportunities highlighted:

The Wyss Scholars Program for U.S. Lands Conservation

The Harrison Fellowship in International Water Law

The Charles N. Woodruff Memorial Scholarship

Conscience Bay Company Western Water Policy Fellowship

Post-Grad Water Law Fellowship

Free lunch! Registration not required.

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2025 Martz Symposium on Public Lands

Annie Carlozzi — Thu, 23 Oct 2025 17:27:20 +0000

2025 Martz Symposium on Public Lands Annie Carlozzi Thu, 10/23/2025 - 11:27

The Getches-Wilkinson Center will be convening the 2025 Martz Symposium on Public Lands: "Public Lands in Public Hands – Reflections on 50 Years of Retention Policy" on Thurs, Oct 23rd and Fri, Oct 24th at the Wolf Law Building in ��, CO.

Public Lands in Public Hands: Reflections on 50 Years of Retention Policy

The Federal Land Policy and Management Act marked a new chapter in the history of public lands in the United States. In that 1976 law, Congress declared a national policy that public lands be retained in federal ownership and control for the benefit of the American people. Over the last 50 years, that retention policy has led to far reaching consequences for people and places across the country. Today, public lands provide critical support for economic, environmental, social, and cultural values, contributing to the vitality of both urban and rural communities. Yet, the nation still struggles with the effects of dispossession and forced removal of Indigenous peoples from their ancestral lands, most of which remain in the hands of the Federal government. Retention of public lands also presents certain challenges to states, localities, and private property owners.

Despite 50 years of retention policy and widespread public support for keeping public lands in public hands, the future of public lands remains uncertain. Some want the federal government to sell off federal public lands or give them to the States. Others are keen to defend and celebrate the retention policy and their love of public lands.

The legal landscape has also changed dramatically over the past 50 years. Public land planning has proved to be a mixed bag, but it engages the public on the critical issues facing public land planners, including resource development, grazing policy, land conservation, endangered species conservation, and the protection of cultural resources, among many other things. Modernizing the decision-making process has also taken center stage, with debates about strategies for making faster and smarter decisions. Adaptive management has also entered the public lands lexicon, although it sometimes seems more aspirational than real.

This year’s Martz Symposium takes a deep dive into the past, present, and future of our national policy of keeping public lands in public hands. The symposium will convene experts in public lands law and policy, advocates from across the political and policy spectrum, including Tribal leaders, experts on public opinion, and many other respected voices. Our goal will be to stimulate new thinking and fresh ideas, and to inspire a new generation of public lands leaders to build on the legacy from the past 50 years. Please join us for what promises to be an outstanding opportunity to engage with old and new friends and colleagues on one of the most important issues facing the American West.

Registration is OPEN!

Preliminary Agenda

Thursday, October 23, 2025

8:00-8:45am	Breakfast and Networking
8:45-9:00am	Welcome and Opening Remarks Chris Winter, Executive Director, Getches-Wilkinson Center
9:00-9:30am	Who Will Speak for the Public Lands and What Will They Say Prof. Sarah Krakoff, University of Colorado Law School
9:30-10:30am	Public Opinion on Public Lands – A Deep Dive into the Conservation in the West Poll Kathryn Hahne, New Bridge Strategy
10:30-11:00am	BREAK
11:00am-12:15pm	The Affordable Housing Question Moderator: Prof. Bret Birdsong, UNLV Law School Arthur Gailes, American Enterprise Institute Dan Gibbs, Director, Colorado Department of Natural Resources, Former Summit County Commissioner Rudy Soto, Native American Indian Housing Counsel Eric Novak, Praxis Consulting Group LLC
12:15-1:15pm	LUNCH
1:15-2:15pm	Debating The Constitutional Foundation Moderator: Chris Winter, GWC Prof. John Leshy, Emeritus Distinguished Professor of Law, UC Law San Francisco, Former Solicitor of the Department of the the Interior Ethan Blevins, Pacific Legal Foundation
2:15-2:45pm	BREAK
2:45-4:00pm	The Land Back Movement and Public Lands Moderator: Prof. Vanessa Racehorse, University of Colorado Law School Gussie Lord, Earthjustice Prof. Kekek Stark, Davis-Johnston Associate Professor of Law, University of Montana School of Law Prof. Rebecca Tsosie, University of Arizona Law School
4:00-5:30pm	Conference Reception

Friday, October 24, 2025

8:00-9:00am	Breakfast and Networking
9:00-9:15am	Welcome and Opening Remarks Chris Winter, GWC
9:15-10:30am	Agency Funding and Staffing – Who Will Manage the Public Lands Moderator: Matt Lee-Ashley, Foreground Strategies, Former Chief of Staff, Council on Environmental Quality Dr. Mamie Parker, Former Head of Fisheries, U.S. Fish and Wildlife Services Tim Whitehouse, Public Employees for Environmental Responsibility Scott Fitzwilliams, Former Supervisor of the White River National Forest
10:30-11:00am	BREAK
11:00am-12pm	Fireside Chat with Secretary David Bernhardt, former Secretary of the Department of the Interior
12-1:00pm	LUNCH
1:00-2:15pm	The Great Balancing Act - Evolving Issues in Multiple Use Management Moderator: Alison Flint, The Wilderness Society Louis Geltman, VP for Policy and Government Relations, Outdoor Alliance Natalie Landreth, Partner, Nashoba Consulting LLC and Co-Executive Director, Tribal Public Lands Alliance Katie Schroder, Partner, Davis Graham & Stubbs Prof. Mark Squillace, University of Colorado Law School

Read Speaker Bios Here

Download Agenda Here

Registration is OPEN!

Registration Rates
General (In person) $250
Remote Access Only $100
CU Faculty/Staff/Student (In person or Zoom) Free
*Buff OneCard number may be requested for validation of current �� faculty/staff/student status.
Colorado Law Alumni Only Reception Thurs, Oct 23 $15
*This is only available to Colorado Law alumni to attend the Martz Symposium Reception on Thurs, Oct 23rd. This does not grant access to the conference.

Registration will close Monday, October 20.
No refunds will be offered after October 1, 2025.
Remote access will be given to ALL registered attendees.
Conference reception, campus parking, and lunches/refreshments included with in person registration.
General Colorado CLE is pending.

Hotel Room Block
GWC has a hotel room block at the �� Marriott Wed, Oct 22 - Sat, Oct 25. Click here to book online. The room block is available on a first-come, first-serve basis and is valid until October 9, or until all rooms are filled.

Conference Partnerships

We’re now accepting conference partners at all levels.

Learn more about our partnerships here.

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Ruth Wright Distinguished Lecture in Natural Resources with John Leshy

Annie Carlozzi — Wed, 22 Oct 2025 16:27:37 +0000

Ruth Wright Distinguished Lecture in Natural Resources with John Leshy Annie Carlozzi Wed, 10/22/2025 - 10:27

The Getches-Wilkinson Center is pleased to present the 2025 Ruth Wright Distinguished Lecture in Natural Resources with John Leshy on Wed, Oct 22nd at the Wolf Law Building in ��, CO.

On Shaky Ground: America’s Public Lands Face an Uncertain Future

Laying groundwork for the Martz Symposium, Leshy will discuss current challenges to America’s public lands, starting with a proposal to include, in the One Big Beautiful Bill Act (OBBBA) that President Trump signed into law in early July, a mandate to sell off millions of acres. While that proposal failed after triggering widespread opposition from western Republicans, among many others, the OBBBA did contain several sweeping---if little-noticed---mandates aimed at industrializing many millions of acres of public lands. Meanwhile, the Trump Administration has taken aggressive steps, principally through deep personnel and budget cuts, to hollow out the four major federal land management agencies, apparently to persuade Americans that the federal government simply cannot manage these lands and thus make a case for transferring them to states and private interests.

The lecture will then address whether all this could fundamentally alter the objective of conserving large areas of land in national ownership, open to all, and managing them primarily for conservation, preservation, inspiration and recreation. That has been a primary objective of public land policy ever since the 1890s. It was then that---partly in reaction to the corruption and plunder by robber barons that marked the so-called Gilded Age---a movement flowered to conserve large areas of land in national ownership, leading to the public lands we see today. Now we are in a new Gilded Age, with the rich amassing unimaginable wealth while many ordinary Americans are stagnating. Leshy will conclude by discussing whether some rethinking of public land policy is in order, as calls grow for using these lands for, among other things, extracting critical minerals, upgrading the electrical grid, and siting renewable energy facilities, as support grows for streamlining governmental decision-making processes, as climate change exacerbates wildfires and droughts, and as recreational visits mushroom.

Wednesday, October 22nd

12-12:50pm Student Lunch with John Leshy in Room 206 - no registration required

6:00-7:30: Lecture: Wolf Law Building, Wittemyer Courtroom
7:30-8:30pm - Reception for all registered attendees

This event is free and open to the public, but registration is required to attend and/or receive the livestream link.
In person and Virtual (Zoom) attendance available.
There will be a reception following the lecture. Details will be sent to registered participants prior to the event.

General Colorado CLE credits are pending for this event.

Registration is OPEN!

John Leshy

John Leshy is Professor Emeritus at the University of California College of the Law in San Francisco. His political history of America’s public lands, Our Common Ground, was published in 2022 by Yale University Press. Leshy was Solicitor (General Counsel) of the Interior Department throughout the Clinton Administration, and earlier served as special counsel to the Chair of the Natural Resources Committee of the U.S. House of Representatives, a law professor at Arizona State University, Associate Solicitor of Interior for Energy and Resources in the Carter Administration, an attorney-advocate with the Natural Resources Defense Council (NRDC), and a litigator in the U.S. Department of Justice Civil Rights Division. He headed the Interior Department transition team for Clinton-Gore in 1992 and was co-lead for Obama-Biden in 2008. He’s four times been a visiting professor at Harvard Law School, from which he graduated in 1969, after earning an A.B. at Harvard College. His many publications include a book on the Mining Law of 1872 and co-authoring casebooks on public land and resources law (now in its 8th edition) and water law (now in its 7^th edition).

The Ruth Wright Distinguished Lecture in Natural Resources

In 2018, the GWC received a generous gift from the Wright Family Foundation to establish the Ruth Wright Distinguished Lecture in Natural Resources in honor of her inspiring legacy as a leader in western natural resources, land conservation, and environmental policy and advocacy. With this support, we look forward to bringing this free event to our community for years to come.

As a legislator, environmentalist, and historian, Ruth Wright dedicated her career to environmental issues and activism. While a student at Colorado Law, she led efforts to preserve ��’s open space and limit the height of buildings in �� to 55 feet to protect enjoyment of the unique landscape for the ages. In 1980, she was elected to the Colorado House of Representatives, where she represented �� until 1994. She was also the second woman ever to become the House minority leader, a role she held from 1986 until 1992. While serving in the House of Representatives, Wright continued to be a strategic champion for the environment, and has been recognized by such groups as the Colorado Wildlife Foundation, the ACLU, the Sierra Club, and Colorado Open Lands.

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