Elbert County Environmental Alliance
Protect and Preserve
Elbert County Environmental Alliance is working to protect our community and wildlife from Xcel’s high voltage power lines
Possible legislation will limit local control of land use issues such as transmission corridors and wind and solar facilities
ECEA has learned that the state is considering putting forth legislation that would establish statewide regulations regarding the siting and permitting of transmission projects and solar and wind facilities. If this becomes law, it would effectively override county regulations, and take local control from the county elected officials. The state would establish statewide transmission corridors, and limit what the county could impose for setbacks, wildlife analysis, and other land use elements, regardless of what the county has outlined in its 1041 regulations. This proposal also indicates a need for the state to triple wind energy capacity and quintuple solar capacity, and would dictate setbacks for these projects as well. The prospect of this proposal may be why Xcel has not yet submitted their application.
If we allow this to become legislation, we lose our say in where transmission lines can be placed within our county, and how far from property lines and residences transmission lines, wind turbines, and solar facilities can be located. It is imperative that we contact Senator Chris Hansen, who most likely will sponsor this bill, as well as both Senate and House Leadership.
Some points to include in your letters:
What problem are they attempting to solve with this legislation?
These land use decisions are very impactful to local residents, and therefore should be subject to local control
Each county develops 1041 regulations to “to facilitate the identification, designation, and regulation of areas or activities of state interest” – these serve to check and balance state and local needs. According to the state: “The general intention of these powers is to allow for local governments to maintain their control over particular development projects even where the development project has statewide impacts. The statute concerning areas and activities of state interest can be found in Colorado Revised Statute 24-65.1-101. Elbert County recently updated their 1041 regulations to represent a consensus of what works for our county.
Colorado is a diverse state, with each county having its own needs and lifestyles, so a “one size fits all” approach is inappropriate.
We must act now – before this proposal gets that far! Send letters to all legislators on the contact sheet, and be sure to forward this information to friends, family, and neighbors in Elbert County, as well as other rural counties.
Thank you to the Sun Country HOA who invited us out to speak!
Can you fight eminent domain?
One of our members, a retired attorney, is highly confident that, because the Xcel Power Pathway is intended to meet the carbon reduction requirements of Senate Bill 19-235, (p.19, paragraph 2.00 of the Company’s 120 day report of September 18, 2023), it is subject to CRS 40-2-124 and CRS 40-2-125, which prohibits eminent domain to be used. She believes that landowners can resist Xcel’s pressure to give up an easement and they could not exercise eminent domain without coming up against this law.
While ECEA is not offering legal advice, if you own land along Xcel’s proposed route, you might want to check this out with your attorney. For more information, watch this video at the 42:32 mark.
Xcel’s Map Sent to Land Owners Within 1/4 Mile of Proposed Line
The high voltage lines would be placed along a 150 foot easement along the yellow, indicated route. Keep in mind that the transmission towers are 140 feet tall (that is four regular power lines on top of each other, or just 13 feet shorter than the Kiowa water tower. According to Xcel’s website, “The Eastern Plains of Colorado is one of the nation’s best areas for wind and solar. New transmission lines encourage construction of wind and solar power plants to bring more low-cost electricity to help meet the needs of our growing state” and wind and solar plants will be connected up to a 35 mile radius from the lines.
Elbert County Citizens Show up for Xcel Open Houses to Voice Their Concerns
About 75 people showed up to the Simla Open House and almost 300 attended the Kiowa Open House in an attempt to share their concerns with Xcel representatives. Attendees were frustrated with the format, expecting a presentation with an opportunity for questions and answers. Additionally, many found it difficult, if not impossible to get answers to their questions.
What can YOU do?
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Attend a County Commissioner meeting on the 2nd and 4th Wednesday at 9:00 AM
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Contact our newly elected state officials
Especially Senator Pelton and Representative Bockenfeld
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Write, email, or call Xcel and the Public Utilities Commission
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Sign up for the Elbert County Environmental Alliance News Updates
Letters you can print and send
Xcel’s main goal: Profit
According to the May 2023 Independence Institute Report, The Future of Colorado Energy:
“…the more infrastructure a utility builds, the more profit it can earn as long as the PUC approves those investments. Under this system, utilities stand to benefit considerably from an energy transition that forces the closure of still-useful power plants and encourages a major build out of brand-new generation facilities and transmission lines. It should come as no surprise, then, that the single-largest driver of cost under both the Polis Plan and the LCD Scenario is utility profits, since both scenarios necessarily involve building a substantial amount of new electricity infrastructure over a short period of time.”
Also read Colorado Sun’s article on Xcel’s plans to profit
Xcel Plans to Submit Formal Application with County
On July 11, Xcel Energy submitted pre-app materials with the county. On October 10, they held an Open House in Simla and on October 18, another one in Kiowa, to “hear citizen concerns” with their proposed route. According to Xcel representatives, they will be filing their formal application with the county in 3-4 months (January-February, 2024).
We must continue to work to oppose this route. This is NOT a done deal unless we quit!
Important to Know
The route that Xcel has posted is just their PREFERRED route - it has not yet been approved!
What this means for you. . .
If you are contacted by Xcel or their contractors because your property is along the route, you do not have to grant them access. Let them know that you are aware that the project has not yet been approved by the County.
Major solar facility proposed
Elbert County has received a pre-application for a significant solar power generation complex near Matheson. See the Public Notice for the exact location. The county has determined that this project will have a major impact on the county, so the permit application will have to be a Major 1041.
Now Available
These 8” x 10” no trespassing signs can be purchased from ECEA for $10.
Email us at ECEnvironmentalAlliance @gmail.com to receive yours.
Xcel Identifies Preferred Route
December 1, 2022 Xcel has identified their preferred transmission route, which will cut right through the heart of Elbert County. Click the link below to see the interactive map.
Find up to date information
“We are going to be slathering the Eastern Plains with wind and solar.”
-PUC Commissioner John Gavan
You have a voice - share your concerns with Elbert County Commissioners, Xcel and the Public Utilities Commission.
Check out the recent news
Protect our wildlife
Bald eagles and other raptors, deer, elk, antelope, bears, badgers, mountain lions, and wild turkeys are just some of the animals whose migration and breeding patterns would be altered by the introduction of high voltage lines into their habitat.
Protect our community, way of life, and sense of place
Elbert County is filled with families who chose a rural way of life, surrounded by the beauty of our natural surroundings. High voltage lines would destroy the place we call home.
The Eastern Plains of Colorado is one of the nation’s best areas for wind and solar. New transmission lines encourage construction of wind and solar power plants to bring more low-cost electricity to help meet the needs of our growing state - Xcel’s website
No, thank you!
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