The newly formed Water Protection Work Group was created in response to a proposed National Conservation Area for the lower Dolores River.
The WPWG seeks to protect municipal and agricultural water supplies in Montezuma and Dolores counties from any consequence arising from NCA legislation.
Participants include Phyllis Snyder, Larry Don Suckla, Zane Odell, Doug Stowe, Greg Black, Don Schwindt, Drew Gordanier, Bernard Karwick, Bob Bragg, Keenan Ertel and Gerald Koppenhafer.
The recently released their minimum requirements and recommendations to David Robbins, a Colorado water attorney who has reviewed the NCA proposal.
“Prior public promises that the NCA ‘is not about taking water’ are appreciated and allow us to move forward with some assurance,” the group states in a memo. “Ambiguity and conflicting provisions must be left out of the NCA draft legislation.”
Some of the recommendations include:
The group wants the preamble of the NCA to be more specific about the Dolores River’s importance as the region’s sole water supply.
A proposed advisory committee in the draft NCA legislation requires more thorough definition.
The draft NCA bill must be written to explicitly prohibit any federal express or implied water rights on the Dolores River.
The draft NCA bill must release the Dolores River, upstream from the confluence with the San Miguel River, from consideration under the Wild and Scenic River’s Act. The recommendation also stipulates that no wild and scenic river portions below the San Miguel confluence can reach upstream water rights.
The NCA shall not affect the Dolores Project or the operation of McPhee Reservoir in any way.
The draft NCA bill has language prohibiting the building of large scale water projects. The WPWG recommends that large scale water projects be defined to exclude all existing projects, diversion, structures and water rights. Also, they recommend that the proposed NCA must not impact future projects under Colorado state water law that do not exceed 50,000 acre feet of annual use.
The group also wants written into any NCA legislation that management plans will not impact or influence releases or spills from McPhee dam, the water upstream from McPhee Dam, or the Dolores Project.
In April 2015, a legislative subcommittee of the Lower Dolores Plan Working Group released a draft bill that would designated a portion of the river an NCA and another portion a wilderness area.
In exchange, the river’s suitability status for a wild and scenic river below McPhee dam would be dropped.
The proposed Dolores River National Conservation Area would stretch from below the dam at Bradfield Bridge to Bedrock, Colo., and include the river and public land on both sides.
The draft bill also proposes to designate the Dolores Canyon Wilderness Area, a 30,119-acre swath of remote canyonlands that has been managed as a BLM wilderness study area for decades.
According to the draft, the Wilderness Area boundary would be located at the edge of the river, and no portion of the Dolores River will be included in it.
However, the draft bill shows the Dolores river would be part of the NCA, including where it runs through the wilderness area.
jmimiaga@the-journal.com
