Letter April 11 2008 Concerning Comments of the SOuthwester Water Conservation District in response to Notice of Availability of Draft San Juan Public Lands Land Management Plan and Draft Envrionmental Impact Statement

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F f - April 11, 2008 r IQ San Juan Plan Revision VIA FAX (916) 456 -6724, P.O. Box 162909 UPLOAD TO PLAN WEB SITE Sacramento, CA 95816 -2909 and U.S. MAIL Re: Comments of the Southwestern Water Conservation District in response to the Notice of Availability of Draft San Juan Public Lands ( "SJPL ") Land Management Plan ( "Draft Plan ") and Draft Environmental Impact Statement ( "Draft EIS ") published December 1, 2007. 72 Fed. Reg. 71148 (December 14, 2007) Gentlemen: Maynes, Bradford, Shipps & Sheftel, LLP, represents the Southwestern Water Conservation District ( "SWCD "). On behalf of the SWCD, please consider and enter into the administrative record the following comments on various water - related aspects of the Draft Plan and the Draft EIS. These comments include: (1) general comments on the Draft Plan's approach to various water management issues, and on the Draft EIS sections pertaining to the Wild & Scenic Rivers Act ( "WSRA ") eligibility and suitability analysis, and Areas of Critical Environmental Concern ( "ACEC ") and (2) specific comments on various Draft Plan statements and on individual streams in the WSRA analysis in relationship to eligibility and suitability methodologies. DESCRIPTION OF THE SWCD AND STATEMENT OF INTEREST The SWCD was created by Colorado statute in 1941 to promote the conservation, use, and development of the waters of the San Juan and Dolores River basins in Southwestern Colorado. As such, its statutory mission is aligned with the primary statutory charge of the United States Forest Service ( "USFS ") to secure "favorable conditions of water flows" pursuant to the USFS 1897 Administrative Organic Act.' The SWCD encompasses all of La Plata, Montezuma, Archuleta, San Juan, San Miguel, and Dolores counties and parts of Montrose, Hinsdale and Mineral counties. Substantially all of the federal property that is the subject of the Draft Plan is located within the SWCD. New water - related undertakings within the SWCD, whether for agricultural, domestic, renewable power, or ecological purposes or to maintain, refurbish or optimize existing water facilities will almost certainly require access to SJPL.' Therefore, continued access to and across SJPL for water - related activities is essential to the economic well -being of southwestern Colorado. The ability of the SWCD to carry out its statutory charge is inextricably tied to the regulatory goals, objectives, standards and guidelines I United States v. New Mexico, 438 U.S. 696, 713 (1978) (confirming that the National Forests were established, "principally as a means of enhancing the uq antity of water that would be available to the settlers of the and west ") (emphasis added). 'For example, 88% of San Juan County's land base is held in federal ownership and will be managed according to the final final Plan.