Colorado Supreme Court Denies Xcel Fast-Track Over Cheyenne Wells Land

The wind off the High Plains hits the gravel roads near Cheyenne Wells with a force that rattles loose dirt against fender flaps. It is a dry, open stretch of Cheyenne County where the horizon stretches flat and unbroken. In this landscape, a 550-foot strip of land is the difference between a connected grid and a stalled project.

The Colorado Supreme Court rejected Xcel Energy’s bid to fast-track a dispute over that strip of land on Monday. The court issued a brief, unanimous decision denying the utility’s request for a writ of certiorari. This means the case does not bypass the Colorado Court of Appeals. It goes to Denver for a standard appeal instead.

Xcel Energy wanted the state’s highest court to overturn a Cheyenne County district judge. That judge ruled Xcel did not have the power to use eminent domain to acquire the right of way. The utility argued the case raised serious statewide issues regarding clean energy policy. They claimed the matter was of "imperative public importance" to justify skipping normal appellate processes.

The Colorado Energy Office and the Sierra Club filed amicus briefs supporting Xcel. The Sierra Club stated that timely connection of two wind farms to the grid is critical. Those projects are the 603 megawatt Singing Grass project and the 450 MW Cheyenne Ridge II wind farm. The club’s brief noted that the district court’s ruling threatens to delay or prevent Xcel Energy and other utilities from using eminent domain.

The Supreme Court did not address the legal issues in its two-paragraph ruling. It simply denied the request.

Xcel Energy issued a statement expressing disappointment. The company said it will proceed with the appeal pending in the Court of Appeals. "The inability to complete the final segment of this critical transmission infrastructure is delaying project benefits to customers, participating landowners and local economies," the company said.

The dispute centers on a specific piece of property. Xcel Energy’s subsidiary, Public Service Company of Colorado (PSCo), wants to run generation tie lines 27 miles from the wind farms. The preferred path crosses an intersection of two rough county roads. That land belongs to Dryland Partners (DLP), a family farming and ranching operation run by Darin Dickey and his brothers.

Dickey’s family has farmed and ranched in Cheyenne Wells for four generations. They previously sold 90 acres to Xcel Energy for the Goose Creek substation. That substation is part of Xcel’s $1.7 billion Power Pathway transmission project, which links Eastern Plains wind and solar resources to the Front Range.

The short version: Xcel wants a straight line from wind farm to substation. Dickey’s family holds the deed to the land that line must cross. The district judge sided with Dickey. Xcel wanted a faster route to the top court. It did not get one.

Make no mistake, this is a bottleneck for the Power Pathway. The utility argues that delays hurt local economies and customers. The landowners argue they are being forced into a deal they did not make. The Supreme Court’s refusal to intervene leaves the legal battle in the lower courts, where it will likely drag on for months or years.

Worth watching is what happens next in the Court of Appeals. Xcel’s statement focuses on "critical transmission infrastructure." It does not mention the specific legal basis for eminent domain in this context. The district judge found that basis lacking. Until an appellate court rules otherwise, the 550-foot strip remains a point of contention on the High Plains.

The wind keeps blowing in Cheyenne Wells. The power lines do not yet cross the road.