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Bruce said there is a question whether a FRWR would recognize conditional <br />rights under state law. <br />Steve said the language would have to be crafted before the WSR designation <br />and that could be difficult, but if it could be done up front the WSR designation <br />might be more possible. <br />Ann Oliver of the Nature Conservancy asked whether other reservoir sites have <br />been identified in the area that would provide better storage options — not on <br />the Hermosa but in the basin. Bruce said yes. <br />David Vackar of Trout Unlimited said Hermosa Creek is unique and valuable and <br />should be protected. He doesn't see a way for good long -term protection without <br />protecting the water rights as well. With few watersheds left in the Southwest like <br />Hermosa Creek, it would be advisable to structure something so there is strong <br />protection. <br />Bruce said Hermosa_ Creek_ is indeed special but there were 26 stream segments <br />identified as "suitable" for WSR consideration in the San Juan Public Lands' draft <br />2007 management plan, so the group can't make the assumption that this is the <br />only one. The workgroups formed by the River Protection Workgroup will be <br />looking at five other stream segments. <br />Marsha said the RPW Steering Committee is having the workgroups look at one <br />river at a time and not compare one to the other. <br />Chuck said if by some administrative procedure the feds "donated" a FRWR to <br />the state, then there could be more water included than the minimum needed for <br />an ISF. Protection needs some level of permanence. <br />Ed Zink asked what mechanisms are available for the state to increase an ISF to <br />where it would materially protect the hydrograph. <br />Bruce said there can be a donation of a water right to enhance values. The ISF <br />program has historically been acceptable because it takes the minimum and <br />leaves the upper end of the hydrograph available for use. <br />David Vackar said a WSR means much more than just protection of water rights. <br />It also can mean withdrawal of lands from mineral development, protection from <br />other federal projects, and more. <br />Jeff Widen said, in his view, the farther we move in the direction of protecting <br />enough water and preventing impoundments, the more palatable the solution <br />becomes. He said there are protections in the WSR Act that wouldn't come with <br />an ISF, such as a ban on new dams in the stretch, although that can also occur <br />with a wilderness designation. <br />M <br />