U.S. Senator Michael Bennet (D-Colo.) participated in a flyover of the lower Dolores River last week as part of a tour to discuss special legislation for the area.
Public land including a 92-mile section of the river from McPhee Dam to the confluence with the San Miguel is being considered for a new National Conservation Area.
"His message was he did not want to impose an NCA; he would only support legislation and make it a priority if there is community buy-in," said Mike Preston, general manager of the Dolores Water Conservancy District, who participated in the tour. "We followed the river from Gateway to the dam. We were all really impressed by the view of Slick Rock Canyon from the air."
An NCA is a special type of land management directive, layered over federal lands, that is custom tailored to address community needs. The designation works to protect natural resources while respecting traditional uses of public lands under long-term plans.
"What is unique about an NCA is that it is a bill negotiated in Congress, not a proclaimed designation like a National Monument," Preston said. "NCA's require consensus building and are more flexible because they are drawn up by constituents, not totally within the land management agency."
That section of river cuts across several counties and is mostly on Bureau of Land Management land, but it also includes Forest Service land and private property.
In between the towns of Slick Rock and Bedrock, the Lower Dolores has carved out a serpentine canyon with whitewater rapids and towering red-rock cliffs. When there is enough runoff, the stretch is popular for boaters taking multi-day trips.
Discussion of an NCA is in the early stages, but the idea comes after years of community meetings under the umbrella of the Dolores River Working Group, representing a wide variety of river stakeholders.
Amber Kelley, Dolores River coordinator with San Juan Citizens Alliance, heads up a legislative subcommittee studying the matter.
"The working group felt that the NCA is a good fit because they can be crafted to meet the needs of the local community. Every NCA out there is different, and there is a lot of public input."
Farmers, ranchers, municipalities, native fish, anglers and boaters all depend on the Dolores River. McPhee dam and reservoir handle agricultural and municipal/industrial water needs, but below the dam, anglers, fish and boaters are forced to divide what is left over, which during a drought can be just a trickle.
A major impetus of NCA consideration is to use it as leverage for the BLM and Forest Service to drop Wild and Scenic River suitability status on the section of river from McPhee dam to the San Miguel confluence.
Wild and Scenic "suitability" is a management precursor to official National Wild and Scenic River status, which must be approved by Congress.
Reservoir managers, including the DWCD, are not in favor of Wild and Scenic rivers because they typically come with a federally reserved water right to secure adequate flows.
Under Colorado's priority water law system, the federal water right would be junior to current rights, but senior to future rights. However, federally reserved water rights could also have an impact on the flexibility of senior rights upstream such as changes in diversion structures and locations.
The current W&S "suitability" status gives extra protection to the lower Dolores because it is managed to protect the natural values, putting it on the list for possible Wild and Scenic River designation.
"Some stakeholders have concerns about Wild and Scenic status, while others want to make sure that river values have long-term protection," Kelley stated. "An NCA is a compromise in which Wild and Scenic consideration would be taken off the table, but important ecological and recreation values could still have long-term protection."
A boundary study is underway for the NCA, and private property owners who are near or within the proposed area are being contacted to determine issues and concerns.
"There is momentum for this idea, but there is more work to be done," said Marsha Porter Norton, facilitator for the Dolores River Working Group. "An NCA rose to the top because it is flexible and is responsive to local needs and has local control."
No bill for an NCA on the lower Dolores has been introduced, and there is no proposed boundary; the plan is still in the conceptual phase. Sen. Bennet's trip was a way to gauge public support and gather information.
"Senator Bennet's visit was a great opportunity to educate him about the work of the legislative subcommittee," Kelley said. "He was supportive of the local efforts and assured us that nothing would move forward until the group had consensus to do so."
jmimiaga@cortezjournal.com