A commission appointed by one man, the state’s governor, overruled the decision of a board of county commissioners elected by stakeholders across Elbert County. The Colorado Public Utilities Commission (PUC) overturned the county’s rejection of land use permits to Xcel (Public Service Company of Colorado) for a segment of a $1.7 billion 560-mile project to move power from Pueblo to Denver. The Power Pathway comes across eastern Colorado — areas not served by Xcel — to bring power to the Front Range. The project is part of Gov. Jared Polis’ mandate for entirely renewable energy in the state by 2040.

On April 22, the Board of Elbert County Commissioners announced it will file a motion seeking reconsideration of the PUC decision. The board, in a press release, said its original decision to deny the Xcel Energy permits was based on clear, established county regulations, and on the fact Xcel’s application did not meet those requirements. Commissioners also reiterated and reemphasized Elbert County never opposed the transmission project — only the specific route chosen by the utility. The route proposed by Xcel, and now approved by the PUC, essentially determined local interests were simply less important than statewide interest.

Further, the board said their responsibility is to the residents and taxpayers of the county. And they are correct.

“We fully recognize the statewide need for reliable and affordable energy,” the board said, “yet we have a primary duty to ensure that major infrastructure projects in our County are built in accordance with our land use regulations, that both respect and protect private property, minimize public safety impacts on residents and wildlife, while considering the unique rural character of our county.”

The Board of Commissioners unanimously voted in 2025 to deny Xcel’s application. The board also said they wanted Xcel to build the line farther east, where it would disturb fewer landowners, residents and wildlife. The now-approved route follows the same path the state legislature designated as the Plains-to-Pines Scenic Corridor, celebrating the area’s “unrivaled views of the east-facing Rocky Mountain range.”

Xcel then sued Elbert County and El Paso County, where commissioners also denied permits, and asked the PUC to intervene. A decision on El Paso County’s permit denial is expected in the coming days.

Before the PUC unanimously voted to heed the advice of counsel and overturn the county’s permit denials, Chairman Eric Blank said he was very empathetic about community concerns. “…it certainly seems like there may be substantial room for improvement in the company’s outreach approach to the landowners, residents and local fire agencies …,” he said. “I still thought the company might have been more generous to the landowners and fire districts. At the same time, however, we clearly have an obligation to examine and balance the local concerns with the statewide need for the new transmission line.”

PUC commissioner Tom Plant spoke about Xcel’s condemnation proceedings, which the company started prior to receiving approval from the county. The details of the condemnation filings are mostly mum due to an active lawsuit involving about a dozen landowners.

The statute used to allow the PUC to override the local land use decision is rarely used and allows the PUC to provide an expedited review of local decisions. For its part, Xcel requested an expedited decision and to proceed without a hearing.

A bill brought forward with this in mind failed. It was by Rep. Chris Richardson, R-Elizabeth, and Sens. Marc Snyder, D-Colorado Springs, and Rod Pelton, R-Cheyenne Wells. It would have required utilities to receive a certificate of public convenience and necessity from the Public Utilities Commission, as well as all necessary local land-use approvals and permits, before initiating eminent domain proceedings.

In an August 2025 letter, Gov. Polis implored state government, utilities and residents to support his clean energy goals and “remove barriers to projects and to ensure the success of utility clean energy plans in Colorado.” Once again, rural Colorado landowners are the barriers. Threatening the use of “dirtier” energy if the project doesn’t reach completion in time to nab federal dollars from the Biden administration-era clean energy programs and filing condemnation proceedings before the permits were even heard by the Board of Commissioners is a lot of things, but it isn’t clean.

Rachel Gabel writes about agriculture and rural issues. She is assistant editor of The Fence Post Magazine, the region’s preeminent agriculture publication.