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2 Colorado Tribes fire back at state, governor after court ruling walls off online sports betting

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2 Colorado Tribes fire back at state, governor after court ruling walls off online sports betting


The leaders of two Native American reservations in southern Colorado recently called the state’s ban on their ability to partake in online sports betting an extension of the “troubling legacy” of broken agreements between governments and the Tribes. 

A recent ruling by a federal court judge on the issue, along with a petroleum spill that has aggravated the relationship between the state and the Tribes, has apparently reopened old wounds. Healing them may happen in the coming weeks if the two sides can talk.

A money matter

Colorado voters narrowly approved legalized sports gambling here in November 2019. The amount of betting and the amount of tax paid to the state from it has grown substantially since then. In September alone, bettors from across the nation spent more than $99 million online with casinos in Central City, Black Hawk and Cripple Creek.  

Reservation-based casinos are important to Native American economies. In 2023, tribally owned gaming operations nationally generated about $42 billion in revenue. Understandably, those reservations seek to maximize that cash flow. 

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In Colorado, both the Southern Ute and Ute Mountain Ute Indian Tribes started sports betting platforms through their own casinos six months after voters gave online gambling the green light. The Southern Ute Tribe launched the Sky Ute SportsBook through its Sky Ute Casino in Ignacio. The Ute Mountain Ute Tribe started its own platform at its Ute Mountain Casino in Towaoc. 

According to court documents, the vendor for the Sky Ute Sportsbook received a letter from the Colorado Division of Gaming (CODOG) two weeks after it started. 

“[W]e believe that your company is participating in sports betting in Colorado on behalf of the Southern Ute Indian Tribe without complying with Colorado gaming law,” the letter stated. 

Later, the vendor working for the Ute Mountain Utes’ operation received the same letter.  

The gaming division advised the Tribes to apply for the state betting license, the same license that all other Colorado casinos are required to obtain. With that license would come a promise to pay 10% of net sports betting revenue to the state. The casinos declined, shut down their sports books and sued instead.

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“The Tribes claim that Colorado’s actions made their sports betting operations challenging and more expensive,” Judge Gordon Gallagher summarized in last month’s ruling, “effectively freezing them out of the sports betting market.”

Last month, Gallagher dismissed the case.  

“Colorado explicitly authorized sports betting, a Class III game, throughout the state,” the Tribes complained in a joint press release following the judge’s decision. “But the State immediately stymied the ability of the Tribes to engage in that activity despite clear authorization under the Gaming Compacts, and instead, elected to benefit out-of-state gaming interests over its relationship with the Tribes. When the Tribes sought to challenge that conduct, the Administration chose to hide behind its immunity. These actions by the Polis Administration in refusing to honor the Gaming Compacts entered into with Colorado’s two federally-recognized Tribes represents one of the lowest points in State-Tribal relations in recent history.”

History

The first gambling approved on a Native American reservation came in 1979 when the Florida Seminoles opened a high-stakes bingo hall. Its legality was challenged, but the U.S. Supreme Court eventually ruled it was a legal operation.

In 1988, the Indian Gaming Regulatory Act (IGRA) was enacted, giving way to the growth of casinos on reservation land. 

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Much has changed since then. First, online sports gambling became legal in most states in 2018, thanks to a U.S. Supreme Court decision. 

That same year, the Supreme Court struck down a 1992 federal law that banned commercial sports betting in most states. This spurred most states to authorize sports wagering, as Colorado did one year later. This gave those states regulatory authority over such gambling outside reservation boundaries. 

Of course, one of the most significant changes to occur was in technology.

“[B]ecause of the ability to place an online bet from a cellular phone or other electronic device, bettors can engage in gambling from
almost anywhere,” Judge Gallagher stated in his ruling. “If the gambler and roulette wheel were on Indian land, IGRA applied. However, in 2025, a gambler can be in Denver and the electronic game processed through a computer server on Southern Ute Indian Tribe land or Ute Mountain Ute Tribe land. Where then does the gaming occur?”

“This is a legal determination for the Court to make,” he stated.

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In the end, Gallagher determined that any bet placed off-reservation is regulated by the state. 

“That distinction is crucial in this action and fatal to the Tribes’ case,” Gallagher wrote. “A myriad of gambling houses offer legal sports betting in the State of Colorado. To engage in this service, they must remit 10% to the State. The State of Colorado has offered this possibility to the Tribes.” 

Anger Spills Over

“The Tribe respects Judge Gallagher and appreciates the time he has given this issue,” the Tribes stated in their recent press release. “We believe a different result is mandated by federal law and will be evaluating how to move forward in the coming weeks.” 

But after that expression of hope, the Tribes’ sentiments took a very different tone. The press release referred to the “bitter irony” of the situation – a legal setback over gambling funds, most of which are directed at the state’s effort to protect its water resources, while the Southern Ute Tribe deals with a nearly year-old gasoline spill that threatens the Animas River. Groundwater contamination has forced several residents from their properties. 

In the months since CBS Colorado first reported the spill, the company whose pipeline is responsible for it has upgraded the extent of it, from 23,000 gallons to nearly 97,000. The spill is now the largest spill of its kind in Colorado since the state began tracking such incidents in 2016. 

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“We are confident that had this spill been in Denver instead of a remote, rural part of the state, the response would have been more robust,” the two Tribes stated in the press release. “The Southern Ute Indian Tribe has expended its own resources to ensure the local waterways and resources are protected in our region. It has done so without a single dollar of the millions of dollars in revenue the State has collected from sports betting, and without the benefit of additional revenue from tribally-run sports betting that could have been relied upon had the Gaming Compact been honored.”

The Tribes claimed Colorado Gov. Jared Polis failed to participate in a recent conference call with state and Indigenous leaders about the spill.

“Yesterday’s cancelled call between Governor Polis and (Southern Ute) Chairman (Melvin J.) Baker reflects an alarming lack of urgency on the Governor’s part to work cooperatively with the Tribe on this spill – it brings to mind the troubling legacy of how states have historically disregarded Tribal relations, an approach that is wholly unacceptable in today’s society,” they said. “The history of relations between Tribes and the state and federal governments is one of broken Treaties and agreements. The Polis Administration’s conduct is a reminder that those things we think are an artifact of a distant past still exist today.”

A spokesperson from Gov. Polis’s office responded with a statement: 

“We deeply respect the government-to-government relationship the state has with the Ute Mountain Ute and Southern Ute Indian Tribes. We are glad that the court ruled in the state’s favor to ensure Colorado can continue to manage sports betting in a way that works best for Coloradans and our state, and continue funding important water projects around the state. We are dedicated to working together with the Tribes on gaming matters, and we look forward to ongoing conversations with the Ute Mountain Ute and Southern Ute Indian Tribes on this important issue.”  

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Elsewhere

The issue is not Colorado’s alone. Today, Indian gaming, as it is called, is played in 29 states. There are 532 gaming operations, which include casinos, bingo halls, travel plazas and convenience stores. These are owned by 243 Tribes. In total, they grossed almost $44 billion in fiscal year 2024. 

However, according to Tribal Government Gaming, three of the 10 states containing the largest number of Tribes still do not have legal sports betting seven years after SCOTUS gave states the right to allow it. A ballot initiative is in the planning stages for 2028 in California. 

Congress could enact a national standard for online sports betting through tribal casinos, but has not taken up the issue. 

Adjacent to Colorado (from Tribal Government Gaming): 

  • All of Arizona’s Tribes can offer in-person wagering and digital betting on the reservation. But off reservation, the 10 Tribes licensed to offer online sports betting are regulated by the state and pay the same 10% tax rate as commercial operators.  
  • Nebraska voters agreed to legalize sports betting on the November 2020 ballot, and three years later, the first bets were taken. The Winnebago Tribe is a key player on the Nebraska gaming scene, but in this case, the Tribe is regulated and taxed by the state.
  • Oklahoma Tribes are hoping to pursue legalizing sports betting when the current governor’s term limits are reached in 2027. 
  • New Mexico’s Tribes have their own regulatory body and are not beholden to the state. They also do not pay taxes.  



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Coworking firm Industrious takes former WeWork space in Denver

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Coworking firm Industrious takes former WeWork space in Denver


Industrious, a national coworking brand, is opening a new location in LoHi.

The company has snapped up 25,000 square feet at The Lab building at 2420 17th St., just off Platte Street. Industrious has an existing LoHi location just up the road at 2128 W. 32nd Ave.

“They are going to draw from different populations. … No doubt they’re close to each other, but [this is a] different product type, just in terms of build-out,” said Peri Demestihas, an Industrious executive.

Demestihas said the current LoHi location has been full for two years, which indicates demand for more space. That existing spot is more for established businesses with a greater emphasis on private offices. The new location will be geared more toward smaller companies and the solo entrepreneur.

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In total, there will be 379 dedicated “office seats” and 18 “access seats,” which can be used by anyone.

Industrious has a conservative mindset when it comes to growth, Demestihas said. The company also operates in Upper Downtown and by I-25 and Colorado Blvd.

“These are the submarkets we like and if we can find the right building and we can get the right structure, … without those things, we’re not going to go to those submarkets. It’s got to suit our members.”



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Contamination, climate change and political drama stall clean water for Colorado’s Arkansas Valley – High Country News

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Contamination, climate change and political drama stall clean water for Colorado’s Arkansas Valley – High Country News


The western stretch of the Arkansas River, which flows from its headwaters in the Rocky Mountains across the plains of southeastern Colorado, is in trouble. That trouble is compounded by uncertainty about what, exactly, is polluting and drying the river, and how such problems can be fixed. 

Overshadowed by the ongoing political brawl over the Colorado River, the Arkansas River Valley rarely appears in national news. But since Dec. 30, when President Donald Trump vetoed a bipartisan bill that would have secured favorable terms for funding to complete a $1.39 billion, 130-mile water pipeline, the region has become the stage for yet more drama about water in the Western U.S.

The Arkansas Valley Conduit is part of a decades-long effort to replace the dwindling, contaminated water in this stretch of the Arkansas Valley with clean water from Colorado’s Western Slope and the Pueblo Reservoir. If completed, it will supply water to roughly 50,000 valley residents, many of whom can no longer count on municipal supplies for safe drinking water.

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Pundits portrayed Trump’s veto as retaliation against Colorado politicians: Republican Rep. Lauren Boebert, who helped force the November vote for the release of the Epstein files, and Democratic Gov. Jared Polis, who has resisted pressure to pardon Tina Peters, a county clerk in western Colorado convicted of tampering with voting machines during the 2020 election. Sens. Michael Bennet and John Hickenlooper, both Democrats, condemned the administration for “putting personal and political grievances ahead of Americans.” The Salida-based Ark Valley Voice declared a “Reign of Retribution Punishing Deep Red Southeastern Colorado.” The New York Times, emphasizing the same irony, observed that “A Trump Veto Leaves Republicans in Colorado Parched and Bewildered.” 

For those managing the project, the veto is a setback but not a showstopper. The first dozen miles of the conduit have already been completed, and enough capital is on hand for at least three more years of construction. “Some (coverage) has been saying it’s the end of the project, which is totally false,” said Chris Woodka, senior policy and issues manager of the Southeastern Colorado Water Conservancy District. “It’s still being built; the veto was not for any reason that had anything to do with the project, and we’re working in every way we can to make this affordable.” 

For valley residents, the issue is personal. This rural region is more culturally aligned with western Kansas than with Front Range cities. Like people throughout the Great Plains, the local residents are grappling with eroding social services and the rising cost of living. The scarcity of safe water magnifies uncertainty. “If you don’t have clean water,” said Jack Goble, general manager of the Lower Arkansas Valley Water Conservancy District and a sixth-generation rancher, “you really don’t have anything.”

A resident prepares to fill jugs with purified water at the Rocky Ford Food Market in Rocky Ford, Colorado. The town’s water supply is contaminated with unsafe levels of radium and uranium. Credit: Michael Ciaglo
Lawrence Armijo, maintenance operator for the town of Manzanola’s water treatment plant. While the plant filters out most toxins, it is not equipped to remove radium and uranium from the groundwater.
Lawrence Armijo, maintenance operator for the town of Manzanola’s water treatment plant. While the plant filters out most toxins, it is not equipped to remove radium and uranium from the groundwater. Credit: Michael Ciaglo

“HOW EASY IT IS,” wrote William Mills in his 1988 book The Arkansas, “to take a river for granted.” 

The Arkansas Valley of Colorado is the ancestral homelands of the Plains Apache, Comanche, Kiowa, Cheyenne and Arapaho peoples. A geographical corridor across the Southern Plains, it was a route for incursions and ethnic cleansing by non-Native fur trappers, traders, military expeditions, hide hunters, railroad developers and settlers. Those settlers include my ancestors; I grew up in southwest Kansas, where generations of my family farmed and ranched along the dry Cimarron River. The Arkansas Valley, with its dwindling water and flatlands, feels like home.

By 1900, settlers had diverted the Arkansas into a maze of ditches. Irrigation and migrant labor supported sugar beet factories, vegetable cultivation and Rocky Ford’s famous melons. Such practices remade the riverbed, increased salinity, and reduced flow. As with the Colorado River, water rights were assigned partly on wishful thinking. Today, the Arkansas Valley is one of the region’s most over-appropriated basins, and the river’s annual flow has dramatically declined. A short distance past the Kansas line, the river is entirely dry.

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The Arkansas is being drained in new ways. Climate change and a record-breaking snow drought are intensifying the scarcity. Over the last half-century, growing Front Range cities have purchased water rights from farmers in the valley. Exchange agreements allow cities to swap these rights for ones farther upstream, leaving the downstream flow diminished and dirtier. Between 1978 and 2022, nearly 44% of the irrigated farmland in the Lower Arkansas Valley Water Conservancy District was taken out of production.

Critics call it “buy-and-dry.” They say the removal of water has disastrous consequences for an agricultural region. “If you take all of that water out of an economy that completely depends on it,” Goble said, “it just breaks a community.” Faced with the prospect of litigation from local water districts, cities like Aurora claim to be developing more sustainable arrangements.

“If you don’t have clean water, you really don’t have anything.”

THE ARKANSAS’ WATER is changing, too. The river is diverted into dozens of canals and fields. What doesn’t evaporate or get absorbed returns as runoff or sinks through the alluvial gravels that connect to the riverbed. Each time a drop of water returns, it carries more dissolved minerals. As the river’s volume lessens, the concentration increases in what is left. By the time the river reaches the Kansas border, the water regularly contains 4,000 milligrams or more per liter — making it about eight times saltier than a typical sports drink and unsuitable for growing many crops.

Minerals are not the only problem. The river basin and alluvial gravels are also contaminated with radium and uranium. Last year, a study by the Colorado Geological Survey found that the levels of radioactivity in more than 60% of the private wells sampled in the valley exceeded federal standards. 

The radionuclides are called “naturally occurring.” But natural uranium usually stays locked in rock. In the valley, irrigated agriculture sets it into motion. Uranium is mobilized by complex interactions between oxygen, sediments, water, microbes and nitrate. Nitrate is a common fertilizer. One study found that valley farmers had over-applied it for decades. This pulls out radionuclides, turns them loose, and flushes them into the river’s shallow aquifer. Levels rise as the river moves east through agricultural lands.

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Contamination is not news in the valley. People have worked on cooperative solutions for decades. To meet safe water standards while the conduit is under construction, the towns of La Junta and Las Animas installed filtration systems. But cleaning the water creates hyper-contaminated wastewater, which is currently diluted and poured back into the river.  “The only true solution,” said Bill Long, president of the Southeastern Colorado Water Conservancy District board, “is a new source.”

Orlando Rodriguez, Pate Construction foreman, climbs out of a hole where sections of the Arkansas Valley Conduit will be connected.
Orlando Rodriguez, Pate Construction foreman, climbs out of a hole where sections of the Arkansas Valley Conduit will be connected. Credit: Michael Ciaglo

THE CONDUIT WOULD PROVIDE safe water to a region too often disregarded. But the project also raises questions about what can truly be bypassed and what cannot, and about the fate of the river itself.

Near Cañon City, upstream from the conduit, the Lincoln Park/Cotter Superfund site contains a former uranium mill, millions of tons of radioactive waste, coal mineworks and tailing ponds. The site sits less than two miles from the Arkansas River. It is known to be contaminated with the same compounds — radionuclides, selenium, sulfates — that affect communities downstream.  

Local residents have worked for decades to raise awareness and hold a revolving cast of agencies, regulators and owners accountable for the pollution. “It has taken us a lifetime,” said Jeri Fry, co-chair of Colorado Citizens Against Toxic Waste. “As the years have gone by, we have been the ones holding the memory.” 

“The only true solution is a new source.”

Without memory, they say, contamination is normalized as background, treated as an isolated issue, or denied. “We’ve been stonewalled on many of our legitimate concerns,” said Carol Dunn, vice-chairperson of the Lincoln Park/Cotter Community Advisory Group. She believes state regulators avoid testing for fear of uncovering inconvenient facts.

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The most inconvenient would suggest connections between contamination in the valley and industrial pollution upstream, which affects not only Cañon City but the communities of Leadville, Pueblo and Fountain Creek. For Fry, all of the known and unknown pressures on the river point to the same fundamental problem. “We are not treating our water as though it is a sacred thing,” she said. “And it is. It’s got to be.” 

Russell Van Dyk, owner of Lloyd’s Ice and Water in Rocky Ford, Colorado, closes up his store at the end of the day. The residents of Rocky Ford and surrounding towns rely on purified drinking water because the area’s groundwater has been contaminated by uranium and radium.
Russell Van Dyk, owner of Lloyd’s Ice and Water in Rocky Ford, Colorado, closes up his store at the end of the day. The residents of Rocky Ford and surrounding towns rely on purified drinking water because the area’s groundwater has been contaminated by uranium and radium. Credit: Michael Ciaglo

We welcome reader letters. Email High Country News at editor@hcn.org or submit a letter to the editor. See our letters to the editor policy.

This article appeared in the May 2026 print edition of the magazine with the headline “The absence of clean water.”   

This story is part of High Country News’ Conservation Beyond Boundaries project, which is supported by the BAND Foundation and the Mighty Arrow Family Foundation.

Spread the word. News organizations can pick-up quality news, essays and feature stories for free.

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2026 Rockies’ good, bad and tradeable at the season’s quarter mark

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2026 Rockies’ good, bad and tradeable at the season’s quarter mark


By almost every measure, the 2026 Rockies are better than the ’25 Rockies. And, by almost every measure, the Rockies have a long way to go to become a contending big-league baseball team.

After getting bludgeoned by Kyle Schwarber and shut down by ace lefty Cristopher Sanchez in a 6-0 loss at Philadelphia on Sunday, the Rockies are 16-25 with one-quarter of the season in the books.

Schwarber hit solo home runs in the first and second innings off right-hander Tomoyuki Sugano, who gave up five runs on seven hits over five innings. Sanchez dominated Colorado for seven innings, giving up six hits, striking out seven, and walking none. He reduced his ERA to 2.11.

It was a step back for Colorado, but a week ago, Paul DePodesta, president of baseball operations, said, “We’re certainly encouraged by a lot of what’s going on, but at the same time, far from satisfied.”

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Here’s a look at the state of the Rockies at the quarter pole:

• On pace: The Rockies’ .390 winning percentage has them pointed toward a 63-99 record. That would be a 20-game improvement over their 119-loss season in 2025 and enable them to avoid the infamy of being the first team since the 1961-64 Washington Senators to post four consecutive 100-loss seasons.

• White Sox meter: Chicago’s Southsiders lost a major league record 121 games in 2024. At the quarter pole last year, they were a miserable 12-29, but they eventually finished with a 60-102 record. That was a 19-game improvement.

• Road conditions: Colorado was laughably bad on the road last season, going 18-63, averaging just 2.81 runs per game, and getting outscored by 213 runs. The ’26 Rockies no longer look like automatic roadkill. They are 8-14 away from Coors Field but 6-4 over their last 10 games. They are averaging 3.95 runs per game on the road.

• Rotation in motion: The ’25 Rockies finished with a starters ERA of 6.65, the worst in the majors since ERA became an official statistic in 1913. This season’s starters own a 5.27 ERA, still the worst in the majors, but an improvement. Toss out the innings thrown by “openers” and the starters’ ERA is 5.11.

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• Ace in the making? Right-hander Chase Dollander, who has the pure best stuff on the staff, is exponentially better this season than last — 3.35 ERA vs. 6.98 ERA as a rookie. On Friday, he held the Phillies to two runs and three hits in 5 2/3 innings, but walked five in the Rockies’ wild, 9-7, 11-inning victory. Dollander’s command was not sharp, but he didn’t implode as he might have last season.

“Every outing is different, for everybody,” Rockies manager Warren Schaeffer told MLB.com. “Today, for Chase, he had to battle command issues, but his stuff is so good that he was able to stay in it. He competed, and he kept grinding without his best command.”

Colorado Rockies’ Chase Dollander pitches during the first inning of a baseball game against the Philadelphia Phillies, Friday, May 8, 2026, in Philadelphia. (AP Photo/Matt Rourke)

Trade material: Except for Dollander, Colorado’s four other starters are all veterans in the final year of their contracts. That makes them possible trade candidates at the Aug. 3 deadline, if not before.

However, after a strong start to the season, the starters are beginning to fade. Lefty Kyle Freeland (1-4, 6.00 ERA) has a vesting option worth $17 million for 2027, but he needs to pitch 170 innings to activate that option, and it’s doubtful he will. There is a $9 million team option for right-hander Michael Lorenzen, but considering that he is 2-4 with a 6.92 ERA and a 3.56 batting average against, it’s doubtful the Rockies would pick up his option. But are either Lorenzen or Freeland tradeable?

That leaves lefty Jose Quintana (1-2, 3.90 ERA) and Sugano (3-3, 4.07 ERA) as the most attractive trade pieces. And throw in reliever Antonio Senzatela (2-0, 1.11 ERA), too, because he’s also in the final year of his contract.

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Somehow, someway, the Rockies are going to have to restock their pitching cupboard for next season and beyond. It’s a predicament that DePodesta and company will have to solve.

Men of mystery: The hope was that this would be corner outfielder Jordan Beck’s breakout season, and that centerfielder Brenton Doyle and shortstop Ezequiel Tovar would bounce back. It’s early, but it’s not happening.

After going 1 for 3 on Sunday, Beck is hitting .169 with a .490 OPS. Doyle (.196, .529, 33.6% strikeout rate) is showing signs of rebounding, as is Tovar (.197, .277, 28.6%), who had two singles on Sunday. Still, the trio is underperforming. Beck and Doyle are often supplanted in the lineup by Mickey Moniak and newcomers Troy Johnston and Jake McCarthy.

The Rockies' Mickey Moniak heads up the first base line after hitting a triple off New York Mets relief pitcher Craig Kimbrel in the eighth inning of a baseball game Monday, May 4, 2026, in Denver. (AP Photo/David Zalubowski)
The Rockies’ Mickey Moniak heads up the first base line after hitting a triple off New York Mets relief pitcher Craig Kimbrel in the eighth inning of a baseball game Monday, May 4, 2026, in Denver. (AP Photo/David Zalubowski)

After a 1-for-4 performance on Sunday, Moniak is hitting .303 with a 1.004 OPS and leads the Rockies with 11 home runs. Moniak has had hot streaks before with the Angels, but then faded. However, the Rockies believe he can sustain his success.



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