Brandon Leuallen, The Business Times

Plans to replace a 65-year-old stretch of power lines currently running through Kingsview subdivision on the south side of the Colorado River in Fruita have hit a snag. The City of Fruita has denied part of Xcel Energy’s application, specifically the proposal to run overhead power lines through Snooks Bottom public park.

Xcel Energy representatives said if the city wants the lines placed underground, Fruita would have to cover the estimated $9.7 to $11 million cost.

After filing an appeal, Xcel presented its case to the Fruita City Council on Jan. 8 during a regularly scheduled meeting. The appeal cited three main arguments: inconsistency with Fruita’s code; a violation of Colorado case law; and the high cost of installing underground lines.

Public Opposition

During public comment, local resident Daniel Emery, whose home overlooks the park, criticized Xcel’s approach.

“Frankly, Xcel is simply trying to put these power lines in as cheaply as they can,” Emery said. “Underground power lines are far safer and better. Even if the cost was the full $11 million, it wouldn’t even be a rounding error on their quarterly budget.”

Planning Department’s Perspective

Fruita City Planner Henry Hemphill detailed the planning department’s decision to deny the portion of the application affecting the park. He explained that no parks in Fruita currently have overhead power lines, and placing them in Snooks Bottom would be inconsistent with the city’s comprehensive plan, which emphasizes preserving parks, open spaces, and visual amenities.

Hemphill also pointed out other businesses, such as Dairy Queen and True Value, had to meet compatibility standards in their applications, including noise restrictions and additional landscaping.

“We have been consistent in our code in applying compatibility standards, not only with land use but also with conditional-use permits, as was required in this case,” he said.

Xcel’s Case

Xcel area manager Brad McCloud said the utility had engaged in good faith efforts since 2021, including hosting two public meetings to discuss alternative options. McCloud noted the proposed alignment avoided the Kingsview subdivision as a concession, but he added, “You would still bear the cost of the $9.7 to $11 million extra burden, per current Public Utilities Commission policy.”

Jennifer Chester, Xcel’s senior manager for siting and land rights, highlighted that about 32 miles of alternatives had been considered, and public feedback primarily came from Kingsview Estates residents.

Chester also presented examples of overhead power lines coexisting with parks, trails and disc-golf courses in other parts of Colorado, emphasizing that undergrounding is about 10 times more expensive than overhead lines.

“The CSR zone allows for above-ground transmission lines, and the code defines compatibility as the ability to coexist with surrounding land uses,” Chester said.

Legal Considerations

Fruita City Attorney Mary Elizabeth Geiger clarified the appeal only involved the transmission lines in the Community Services Recreational zone district. She said if Xcel is dissatisfied with the council’s decision, the company could file a Rule 106 action in district court to challenge whether the decision was arbitrary or capricious.

Geiger said alternative alignments outside the CSR or Kingsview areas could be explored, but it will require a new application, likely triggering another land-use process.

Council’s Decision

Council members questioned the dollar amount in Xcel’s presentation, then asked for clarity on the likelihood taxpayers would end up paying for the underground lines. Council members ultimately decided they were only there to vote on whether the planning commission acted within its rights in the initial ruling to deny that portion of the application.

After deliberation, the council voted unanimously to deny the appeal, leaving Xcel Energy to revisit its plans or to pursue potential legal action.