Colorado
Colorado governor vetoes block on surveillance pricing as other states push for bans
Colorado’s governor vetoed a bill on Tuesday that would have banned companies from using surveillance pricing to set workers’ wages and prices for consumer goods.
The measure would have been the strongest in the nation against algorithmic pricing. While Maryland became the first state to approve a law banning surveillance pricing in grocery stores in April, Colorado’s proposed measure was more expansive.
Governor Jared Polis wrote in a public letter explaining his veto that he found the legislation to be overly broad, and said it would “inadvertently capture innocuous uses of technology that in no way harms – and indeed benefits – consumers and workers”, echoing business owners’ major concern with the bill, which was supported by progressive groups. He said the bill would “punish differentially lower prices, not just higher prices”.
Consumer advocates are unhappy with the veto. “Governor Polis had an opportunity to stand with working Coloradans, but instead chose to side with the dominant corporations using invasive surveillance data to pick their pockets,” said Pat Garofalo, director of state and local policy at the American Economic Liberties Project.
Colorado’s bill proposed banning companies from using algorithms, powered by artificial intelligence or other data-processing techniques, to set custom prices or wages based on the collection of an individual’s information. This data could include everything from where an individual lives and what they have bought in the past, to their financial status, travel habits and affiliations.
Critics of surveillance pricing say that companies exploit this data to charge buyers the most that they are willing to pay, and give workers the lowest amount they are willing to accept. Colorado’s measure also included exemptions for certain discounts tied to loyalty programs and transparent markdowns for students and senior citizens.
This is the second time in 12 months that Polis has blocked a bill focused on surveillance pricing; in 2025, he vetoed a measure that would have banned landlords from using rent-setting algorithms.
Surveillance pricing bans grow in popularity across US
Many states, including Illinois, California, Massachusetts and New Jersey, are also considering bills that would regulate surveillance pricing. Connecticut’s legislature approved a sweeping consumer privacy bill that included new rules for surveillance pricing in May. The measure bans companies setting individualized prices for their goods based on consumer data.
In New York, the state attorney general is rallying support for a ban on surveillance pricing, and a bill that would do so has passed the state senate, but not the assembly; last year, New York enacted a transparency-focused law that forces companies to disclose when they use personal data to set individualized prices determined by an algorithm.
Maryland became the first state to ban surveillance pricing in April, though that measure was limited to prices for grocery store items and was criticized by many consumer advocates for being riddled with industry carveouts.
Colorado’s surveillance pricing bill was larger in scope, as it applied to all sorts of companies across industries, and covered wages, too. It would have prevented ride-share firms such as Uber and Lyft from setting individualized wages for drivers based on data they collect about them, as documented in a 2023 study.
Colorado’s measure had also won over many critics of Maryland’s law, who feared that latter’s legislation was watered down by lobbying efforts.
Maryland’s measure, unlike Colorado’s proposal, did not crack down on other ways companies may try to achieve the same effect as surveillance pricing, says McBrien, with the Electronic Privacy Information Center (Epic). Under Maryland’s law, a company could raise its prices for everyone, and then offer individualized discounts – but Colorado’s law addressed this loophole, McBrien says.
Critics of Colorado’s bill agreed with the governor in characterizing the rules as overly broad; they argued it would disrupt competitive markets and open the door to unnecessary litigation. The Travel Technology Association, which represents online travel agencies and short-term rental platforms, called for a narrower definition of “surveillance data” and testified through written comment that the measure would “prohibit pricing practices that are transparent, pro-competitive, and beneficial to consumers – while exposing travel platforms to litigation exposure that bears no relationship to the harms the bill identifies”.
The Federal Trade Commission (FTC) has documented examples of surveillance pricing in stores selling clothing, beauty products, home goods and hardware. Under the Biden administration, the FTC released an initial study that indicates companies use a wide range of personal data when setting individualized prices for consumers.
But it’s unlikely the current administration will crack down on surveillance pricing, given that the current FTC chair, Andrew Ferguson, characterized the previous administration’s report as a rush job. Consumer advocates say the federal government’s inaction adds to the urgency of states needing to regulate surveillance pricing.
On 18 May, a bipartisan group of 16 state attorneys general wrote to the FTC about online food delivery fees, asking the agency to “address unfair and deceptive pricing practices across the economy”, including surveillance pricing.
Colorado
Erie Town Council approves sale of Colorado mineral rights for major oil and gas development
Erie Town Council approved the sale of its mineral rights to SM Energy Company during its regular meeting late Tuesday night. This will allow SM Energy to conduct its major oil and gas project within the Draco Pad well site that will stretch from Weld County into Boulder County.
With the plan falling into place for SM Energy, this will mark the future development of what is to become one of the largest oil and gas developments in the state.
According to the town’s press release, “The agreement provides for the plugging and abandoning of 17 wells, allows Town staff to conduct site inspections on the Draco Well Pad on a regular basis, transfers three parcels of land (for a total of 158 acres) to the Town of Erie, assigns a 3% share of revenue from the production of these minerals to the Town, and a cash payment of $4.5M will be made to the Town. SM Energy will gain ownership of mineral rights equal to roughly 182 acres, or 4.9% of the overall Draco drilling area.”
The agreement passed in a close 4-3 decision after it had recently failed in a 3-3 council vote June 16.
The state originally approved the Draco Pad well site development in 2025.
Colorado
1up Arcade Bar in LoDo pulls the plug as owners prep Lakewood location
It’s game over for Colorado’s first arcade-bar as The 1up LoDo pulls the plug on its pinball machines and video game cabinets for the last time.
The spot, which billed itself as the first of its kind in the state, ceased operations on Monday, June 22, in anticipation of a 13,000-square-foot 1up location opening in Lakewood’s Belmar development.
“Our new home will occupy the former Lucky Strike space, at 415 Teller St. in Lakewood, and preserve much of the underground atmosphere that made the original LoDo location so memorable,” the owners wrote on Facebook on Monday. “It will be the largest 1up Arcade Bar we have ever built and will feature our most extensive collection of arcade games, pinball machines, redemption games, and attractions to date.”
The company decided to close the LoDo location at 1926 Blake St. in Denver, due to “the combination of changing conditions in downtown Denver and the increasing financial pressures facing the hospitality industry made it clear that it was time for the next chapter,” they wrote.
The original 1up opened on March 23, 2011, as the first full-service bar with a large collection of vintage video game cabinets, pinball machines, modest Skee-Ball lanes, and oversized Jenga blocks. A popular stop-off before and after Rockies games, concerts and downtown festivals, its subterranean lair became a reliable draw in a neighborhood otherwise dominated by TV-plastered sports bars and trendy, short-lived nightclubs.
“Today, gaming has become a major part of the hospitality landscape, and while the industry has evolved in countless ways, we are incredibly proud to have helped pioneer that movement here in Colorado,” owners wrote. “While our original location has closed, The 1up Arcade Bar is not going away. Our Colfax, Greenwood Village, and Westminster locations remain open and will continue serving the communities that have supported them for years.”
The closure hits just as two other LoDo businesses shutter, including the Rock Bottom Restaurant & Brewery on 16th and Curtis streets, and Church and Union on 17th Street, one of four restaurants from Jamie Lynch of “Top Chef” fame.
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Colorado
The Colorado River is vanishing — and the fixes are getting weird
The crisis on the Colorado River is simple: The seven Western states that border the essential waterway use more water than it contains. Chronic overuse has drained its two largest reservoirs, Lake Powell and Lake Mead, and a two-decade drought cycle has pushed them to the point of collapse.
The dream solution to this crisis is an agreement among all involved to use less water. Such a deal would decide who must reduce consumption, which means asking which cities would ban irrigating lawns and washing cars and which farmers would rip up their fields.
This has proven impossible. The states have been trying to work this out since the last dry spell, in 2022, but talks have ended in frustration and name-calling. The main sticking point is between the “Upper Basin” states led by Colorado and Utah (along with Wyoming and New Mexico) and the “Lower Basin” states of Arizona, California, and Nevada. Each side believes the other has a legal and a moral responsibility to cut usage during dry years. The stalemate means the Trump administration must design a schedule of restrictions ahead of a crucial deadline in September. So far, Interior Secretary Doug Burgum has balked at resolving the quarrel.
Instead, the administration is turning to a far less controversial plan: Throw money at the problem. The Interior Department and Congress are pondering a slew on projects that could increase supply, a reversal of Trump’s zeal for cutting federal grants. The seven state governors have sent Washington a “wish list” of over $50 billion, and several startups have their hands out as well.
Federal investment makes sense given the scale of the problem and the intractable impasse, said Jennifer Pitt, the Colorado River program director at the National Audubon Society and an expert on the governance of the river
“It is something easier for people to agree on,” she said. “This is a slow moving crisis, but it is a crisis, and we do see the federal funding come in to address crises in other parts of the country. Just because this is a slow moving one doesn’t make it any less worthy.”
During a Senate committee hearing last week, the Interior Department’s top water official, Andrea Travnicek, said the agency has yet to vet the wish list. She didn’t offer a specific funding request, and urged lawmakers to be “thoughtful” about how they spend taxpayer money. But senators of both parties seemed to encourage new investments. “The basin should not be forced to choose between stabilizing the present and negotiating the future,” said Senator Martin Heinrich, a Democrat from New Mexico.
The possibility of new funding marks a return to the policy of the Biden administration. During the last extreme drought in 2022, the Interior Department paid farmers billions to leave their fields fallow, but that money, from the Inflation Reduction Act, has almost run dry.
The difference now is that the roster of proposals is far more ambitious, and some far less certain to bolster the basin’s water supply. They range from desalination plants to desert groundwater pipelines to forest ecosystem restoration.
Here are a few of the major solutions state officials and companies are proposing.
Desalination
As the Colorado River crisis has deepened, some cities in the Southwest have eyed desalination, which extracts salt from sea water. A company called Poseidon Water opened such a plant in San Diego in 2015, and tried for decades to open another in Los Angeles. The wish list to Interior requests as much as $6 billion to build one in Baja California to supplement Arizona’s vanishing Colorado River supplies.
The Interior Department also signed an agreement in early June with San Diego’s water agency that explains how that plant would help. Rather than sending treated seawater inland, states would pay the city to take less from the Colorado River. Arizona stands to lose the most water during drought years, and it would be the most likely to participate in that exchange.
But desalination is expensive, requires enormous amounts of electricity, and state-of-the-art industrial technology. The Poseidon facility cost $1 billion, but San Diego has diversified its water portfolio so much that it no longer needs all the water it must purchase from the plant. Trading water could help it offset some of that cost.
Taming tech and power
Nevada uses less water than any state on the river, and has cut usage in Las Vegas by replacing grass with artificial turf. It is now seeking money to slake some of its last thirsty industries — power plants and data centers. These facilities need a fraction of what agriculture requires, but dominate usage in The Silver State.
The state’s wish list includes $300 million to retrofit its largest natural gas plant and reduce water consumption by an amount equivalent to more than 3,000 average homes. It also seeks $650 million to install zero-water cooling systems in its airports, schools, and industrial facilities. These closed-loop systems, which recirculate the same cooled water or, in the case of data centers, blast hot servers with cold air, have become more popular in Western states amid concerns about the tech boom’s growing thirst.
CN-STR / AFP via Getty Images
Squeezing rain from the clouds
Whereas Lower Basin states like Arizona and California can draw from the Colorado River’s big reservoirs on demand, northern states at its headwaters only receive the rain and snow that feed it.
These Upper Basin states have been trying for decades to engineer more precipitation, with support from Washington. It sounds futuristic, but cloud seeding — spraying salt or silver iodide into clouds, forcing them to release water they might otherwise retain — has proven fairly effective on a small scale. Utah spends a few million dollars each year doing this, and officials say it could boost annual snowpack by as much as 10 percent.
In addition, a few startups are pitching cheaper and more scalable versions of this technology. Rain Enhancement, a Florida-based outfit, says it has brought about 15,000 homes’ worth of rain to a river tributary in Utah this year; another, Rainmaker, says it can produce 1,000 times that much by 2031. That’s enough to close the supply gap on the river. That promise is fanciful, but these companies could secure federal funding from an administration that loves the tech industry.
Mining a hoard of desert groundwater
The West teems with companies that have promised miracles, from building a 300-mile pipeline to tapping a hoard of groundwater in Nevada. But perhaps no project has had a longer and more turbulent history than Cadiz, a proposal, almost 30 years old, to export groundwater from an aquifer in the Mojave Desert.
This has drawn vicious opposition from environmentalists and the late California Senator Dianne Feinstein, who called it a “grave threat” to the desert. Cadiz experienced several setbacks during the Biden administration: It lost a federal permit, California ended its pipeline lease, Arizona declined to support it, and its stock price fell to almost zero. But Susan Kennedy, its CEO, says Cadiz is flowing again with a funding agreement from the Interior Department to study exchanges between Cadiz and the Colorado River.
The company still needs to finish two pipelines, one to the Central Valley and another to the aqueduct that carries Colorado River water to California. It also must build a plant to remove contaminants in the water, but Kennedy believes she can have the tap running by 2028.
“This isn’t a competition, it’s an all-of-the-above situation,” she said of the situation on the river. That may be so, but the seven states did not include Cadiz on the “wish list” sent the Interior Department.
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