Wild & Scenic Rivers South Platte River

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• • are required to consider reasonable measures in the planning of the project, for minimizing any impacts of the project on the desig- nated Wild and Scenic River segments. These measures can be in- cluded as conditions of the permits by the permitting agencies who have authority to require such conditions. It is recognized that, subject to reasonable mitigation measures, construction activities may have some impact and that project facilities may be visible from certain portions of the Wild and Scenic River corridor. See 36 CFR Part 296.5 (a), (b), 296.6. However, no implicit approval or dis- approval of any specific construction activity is implied by the fore- going sentence. The terminal point of Wild and Scenic River designation below Poudre Park was chosen so that the maximum water level of a res- ervoir at the Gray Mountain site will not exceed 5,640 feet in ele- vation. This water level ceiling protects from inundation of the seg- ments designated under this Act and provides as additional assur- ance to the residents of Poudre Park that Wild and Scenic River designation will protect against encroachment of reservoir levels through Poudre Park. In order to provide designation of the Poudre River to a point below Poudre Park, and at the same time provide for the develop- ment of a reservoir at the Grey Mountain site, section 2 recognizes that it may be necessary to relocate existing Highway No. 14 into the Wild and Scenic River corridor to provide access to Poudre Park and its residents around the project facilities. Road relocation also includes the consideration of reasonable meaures by permit- ting authorities and the project sponsor to minimize any impacts on the designated segments. It is noted that the potential reloca- tion of the road is permissible only under these circumstances be- cause the road currently exists and is needed for access by resi- dents of Poudre Park. The acceptance of the potential need for road relocation is not intended as precedent to allow road access to any other private inholdings currently without access bordering a wild and scenic river. Section 2 contains a congressional finding that water and energy development located entirely downstream of all designated seg- ments and carried out in accordance with this savings provision is not incompatible with designation of segments of the Cache la Poudre River under the Wild and Scenic Rivers Act, given the unique circumstances of siting of the proposed projects in this in- stance. This provides the requested assurance to water supply in- terests that water and energy development will not be prohibited because of designation under the Act and meets the concern of con- servation interests that the designation of the river must be taken into account in project planning. The last sentence of section 2 recognizes that inclusion of seg- ments of the Cache la Poudre River in the Wild and Scenic River System creates a Federal reserved water right in those segements and that this water right shall be adjudicated in the Colorado court system, and shall have a priority date as of the date of passage of this Act. Section 3 is self explanatory. 3- �� i i_~__. - -- —, .