Colorado
New Colorado Conversion Therapy Ban With Clever Mechanism Close To Passing
On Monday, the Colorado Senate Judiciary Committee passed HB26-1322, a bill that creates a private civil right of action allowing survivors of conversion therapy to sue the practitioners who subjected them to it. The bill, which has no statute of limitations for such claims, would likely make the practice of conversion therapy financially prohibitive in the state. It comes in the aftermath of the Supreme Court’s 8-1 decision last month in Chiles v. Salazar, which found that Colorado’s 2019 ban on conversion therapy unconstitutional—effectively legalizing the discredited practice nationwide. The new bill has one final legislative hurdle to clear—the full Colorado Senate—before heading to Governor Jared Polis’s desk, though the governor has so far offered only lukewarm signals about whether he will sign it, saying he is “hopeful there is still time to construct a framework he could support.”
The bill targets what it calls “sexual orientation or gender identity change efforts”—defined as “any practice by a licensed mental health professional that seeks to direct a patient toward a predetermined sexual orientation or gender identity outcome, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of a particular sex or gender, regardless of the sexual orientation or gender identity the patient is directed toward.” The inclusion of “eliminate or reduce sexual or romantic attractions” is notable—conversion therapists have long used this framework to argue disingenuously that they are not trying to change a person’s sexual orientation, merely helping them manage unwanted feelings. The bill explicitly carves out any counseling or therapy that “provides acceptance, support, and understanding of a patient” or “facilitates a patient’s coping, social support, and identity exploration and development”—meaning therapists who support a patient’s own process of self-discovery, without steering them toward a predetermined outcome, would face no liability.
The bill uses a novel legal mechanism to target conversion therapy—a private right of action. Rather than the government banning conversion therapy outright, which is what the Supreme Court struck down in Chiles, the bill instead allows survivors to sue their practitioners directly, stating that “a person who suffered an injury as a result of sexual orientation or gender identity change efforts may bring a civil action for damages” against their conversion therapist. It also states that a lawsuit to recover damages can be commenced “at any time without limitation,” making its statute of limitations effectively endless. The mechanism may be insulated from the constitutional problem the Supreme Court identified in Chiles because the government is not restricting speech—instead, private citizens are seeking civil remedies for harm they suffered, the same way a patient can sue a doctor for malpractice. As Alejandra Caraballo, a clinical instructor at Harvard Law School, told Erin in the Morning after the Chiles ruling, “While the Supreme Court decision limits the abilities of states to regulate conversion therapy through professional standards, they did not limit the ability for states to protect LGBTQ youth from these abusive practices through tort or malpractice law.”
If the mechanism sounds familiar, it is because Republicans pioneered it to get around Supreme Court rulings they didn’t like—most famously in Texas’s SB 8, the 2021 abortion “bounty hunter” law. That law banned abortion after six weeks not through government enforcement but by allowing any private citizen to sue anyone who performed or aided an abortion for $10,000 in damages. The legal trick was simple: when abortion providers tried to challenge SB 8 in court, they couldn’t get an injunction because there was no government official to enjoin. Courts found that you can’t sue “the state” to block a law that only private citizens enforce. The Supreme Court effectively let SB 8 stand, and the strategy worked—abortion access in Texas collapsed virtually overnight even while Roe v. Wade was still the law of the land. Kansas used the same model in SB 244, which allows anyone to sue a transgender person for using a restroom that doesn’t match their assigned sex at birth. Now, Colorado Democrats are exploiting the same constitutional loophole in the opposite direction—using private civil enforcement to deter a harmful practice that the Supreme Court says the government cannot directly ban.
It is important to note that some have raised concerns the bill could be weaponized against gender-affirming therapists—with anti-trans groups arguing that helping a trans youth transition constitutes its own form of “conversion therapy.” But the bill contains multiple layers of protection against such misuse. Its carveouts explicitly shield counseling that provides “acceptance, support, and understanding of a patient.” The bill also has protections in its causation standard. To establish that conversion therapy caused harm, a court must weigh “the nature, duration, and intensity” of the efforts, “the age and vulnerability of the plaintiff at the time,” “the relationship between the plaintiff and the mental health professional,” and “expert testimony regarding the general psychological effects of sexual orientation or gender identity change efforts.” It is unlikely that judges will consider anti-trans activists to be considered medical “experts” on this topic.
LGBTQ+ organizations, activists, and Democratic lawmakers in the state have supported the bill’s passage. “This decision only reinforces the urgent need for state-level protections,” said One Colorado, the state’s largest LGBTQ+ advocacy organization. “[HB 1322] provides a pathway for accountability, allowing survivors to seek justice against those who administer this harmful practice. We remain committed to ensuring that those responsible for such profound damage are held accountable.” Rep. Karen McCormick, a Democrat from Longmont, was blunt about the bill’s intent: “The purpose of this bill is seriously to send a chilling effect to any licensed professional therapist who may think about bringing that practice back.”
Conversion therapy is a discredited practice broadly decried by every major American medical organization. The APA concluded in a 2009 systematic review that the practice is “unlikely to be successful and involves risk of harm, including depression, suicidality, and anxiety,” and called for its total elimination. The United Nations has deemed conversion therapy a form of torture. A 2020 study published in the American Journal of Public Health found that LGBTQ+ youth subjected to conversion therapy were more than twice as likely to report attempting suicide. For transgender people specifically, conversion therapy often takes the form of so-called “gender exploratory therapy,” a rebranded approach that seeks to convince trans youth they are not actually transgender, keeping transition just out of reach by tricking trans youth that it might be offered if they jump through endless hoops while intending to deny it the entire way.
The bill now heads to the full Colorado Senate for a floor vote, where Democrats hold a 23-12 majority and passage is expected. Coloradans who support the bill can contact their state senator through the Colorado General Assembly’s legislator lookup tool. If the Senate passes the bill, it will go to Governor Polis, whose signature remains the final and most uncertain step. Polis, the first openly gay governor elected in the United States, signed the original 2019 conversion therapy ban and has called the practice “a scam and a waste of people’s hard-earned money”—but his office has stopped short of committing to sign this bill, saying only that he is “hopeful there is still time to construct a framework he could support.” What changes, if any, the governor is seeking remain unclear. The bill includes a safety clause that would make it take effect on July 1, 2026, and would exempt it from voter referendum. If signed, Colorado would become the first state in the country to use a private right of action to combat conversion therapy in the wake of the Supreme Court’s ruling.
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.
Impacts from Colorado’s extreme drought conditions are hitting several state parks in the state’s northwest corner.
Colorado Parks and Wildlife announced emergency water conservation measures and boating restrictions at both Sylvan Lake State Park in Eagle County and Rifle Gap State Park in Garfield County, according to a Monday, June 22 news release.
Both parks are located within some of the more extreme drought conditions in Colorado. According to the June 18 U.S. Drought Monitor, Eagle County and western Garfield County are experiencing exceptional drought conditions — the worst measured by the monitor.
Sylvan Lake State Park
At Sylvan Lake State Park outside of Eagle, the park’s main source and well, Zurcher Spring, has run completely dry and shows no signs of recovery due to the extreme drought conditions in the region.
To maintain basic operations at the park, Parks and Wildlife has transitioned to using a secondary water source, Cowboy Spring. This spring is producing 2,000 gallons of water per day, and with park usage ranging between 2,500 and 3,000 gallons daily, park staff shut off all 17 public water spigots in the state park.
“We are using more water than we can currently produce, and are on track to run out,” said Sylvan Lake State Park Manager Matt Westerberg in the news release. “We know turning off the water spigots isn’t ideal, but our hope is this will save enough water to keep the main campground shower building operational for visitors.”
Despite having a workaround, Parks and Wildlife is asking visitors to help out by bringing their own water. Visitors can fill their tanks at the visitor center, which operates on a separate, functioning well system.
Rifle Gap State Park
A little further west in Garfield County, Rifle Gap State Park is experiencing impacts brought on by the winter’s historically low snowpack and early snowmelt. While the park typically experiences water declines in the late summer, they are hitting the state park months ahead of schedule, Parks and Wildlife reported.
To combat this, Parks and Wildlife is reducing motorized boat launching to a single lane and has pulled all courtesy docks from the water. Access for hand-launched vessels like kayaks, canoes and stand-up paddleboards will remain unaffected by the closure.
“With our boat ramp down to a single lane, launching and loading will take significantly longer than usual,” said Rifle Gap State Park Manager Brian Palcer in the release. “We are asking all boaters to practice patience, pack an extra dose of courtesy for their fellow recreators at the ramp, and expect delays. We want everyone to have a safe, enjoyable day on the water despite these challenging conditions.”
Parks and Wildlife encourages boaters to exercise caution as low water levels have also exposed shallow, unmarked hazards across the reservoir, including uneven bottom topography, fish habitat structures, rocks and tree stumps. With these conditions, the agency also issued a reminder that life jackets are required on all vessels.
If the reservoir continues to recede at its current rate, Parks and Wildlife said the water levels will drop entirely below the concrete boat ramp, forcing a complete closure of the ramp to motorized watercraft for the remainder of the season in early July.
At both parks, the most current information can be found on their individual Facebook pages and websites on CPW.State.CO.US/state-parks.
From the Times-Call photo archive via Longmont Museum: “The modern front of Colorado Creamery at 526 Main St. makes a background, above with two of the firm’s trucks parked at the right of the picture and two of the sales representatives standing at center of photo.” Originally published June 22, 1960.
For more historic photos, visit timescall.com/tag/historic-photos. We are adding new photos every week.
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