ELBERT COUNTY, Colo. — For over two years, Gary and Colleen Austin have fought to protect the home where they’ve lived for 37 years.
Their battle began when they received word from Xcel Energy regarding plans to build part of the Colorado Power Pathway Project along their property on Highway 86.
“Their easement will come within 150 feet of our home, and that’s where the kids play, that’s where we’ve got the pony,” Gary Austin said.
As a part of Colorado's Power Pathway project, Xcel plans to install 48 miles of 275 new steel poles in Elbert County to improve the state’s electric grid. The project is set to cost $1.7 billion.
This transmission infrastructure will carry electricity from generation resources along Colorado's Eastern Plains to Front Range cities through a 550-mile, 345-kilovolt double-circuit transmission line, according to Xcel. That line encircles Eastern Colorado, one of the nation's best areas for wind and solar energy.
Eastern Plains
Elbert County residents push back against Xcel power pole project during hearing
When several property owners like the Austins fought back, Xcel began the process of using eminent domain to acquire their land.
“The Xcel people have told us that they can get immediate possession of our land, regardless of the permits or any lawsuit that might be in progress,” Austin said.
The Austins were hopeful when Elbert County took up their fight.
Last week, the Elbert County Board of Commissioners unanimously voted to deny permits for the project. On Wednesday, commissioners finalized that decision by officially rejecting two applications from Xcel: a special use by review zoning permit and an Elbert County 1041, for failing to meet the approval criteria.
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Elbert County commissioners deny permits for Xcel Energy's power pole project
Despite this victory, Xcel has historically managed to overcome such roadblocks. In 2022, residents in Eaton spoke out against Xcel's Northern Colorado Area Plan. The town council listened and denied a special-use permit for Xcel, but the utility company sued. The two sides eventually reached a settlement, and today, power lines stand near properties in Eaton as a reminder of their lost battle.
Back in Elbert County, the Austins understand the David vs. Goliath nature of their battle against a powerful corporation.
“They will try to run over us, and we're going to put up the best fight we can,” Gary said.
The fight is far from over. Elbert County officials believe Xcel will likely appeal Wednesday’s decision to the Elbert County District Court under Colorado Rules of Civil Procedure 106. There is a 28-day limitation period for filing such an appeal.
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