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April 11, 2008 <br />Page 33 <br />While the above river segment has been recommended previously for WSR Suitability, with the <br />construction of McPhee Dam the flow in these segments of the River has changed. WSR <br />eligibility and suitability designations are only one among a range of tools that could be used to <br />advance protection. <br />The DRD has been working since January, 2004, to collaboratively address the geomorphic and <br />ecological health of the riparian corridor below McPhee Reservoir, and the sustainability of <br />warm water fish and cold water fish populations while respecting water rights, the values <br />associated with rafting and the operational constraints of McPhee Reservoir. In fact, a Trout <br />Unlimited scientist is working on trout issues below McPhee. Other DRD member conservation <br />entities include The Nature Conservancy, the Colorado Division of Wildlife; BUGS, the San <br />Juan Citizens Alliance, and the Dolores River Coalition. The DRD has produced a core science <br />report, a hydrology report and is undertaking further field studies during the summer of 2008 to <br />further systematically evaluate base line conditions and begin measuring ecological responses to <br />management of the lower Dolores focused for maintaining and improving the health of the River. <br />The placement of Management Theme 2 on the lower Dolores River provides a framework <br />which will allow the DRD to continue its collaborative work, including revising the 1990 <br />Dolores River Management Plan ( "Dolores Plan "). The DRD will be evaluating the full range of <br />available management tools, including the WSR designation, to provide appropriate protections <br />to address the health of the Dolores River and the communities that depend on this resource. A <br />DRD Technical Committee is updating the Dolores Plan. The Final Plan must specify that the <br />update of the Dolores Plan will be the tool for reconciling SJPLC obligations to protect resource <br />values with DWCD obligations to protect Dolores Project water rights, allocations and <br />contractual obligations as well as current and future water development options within the <br />DWCD. Any eligibility or suitability designation for the Lower Dolores River in the Final Plan <br />must not be the basis for a federal reserved water right on this stream, which already has a <br />CWCB ISE The Draft Plan fails to state clearly why there is better protection for natural values <br />with a WSR suitability designation than with the ACEC recommendation in Appendix "U ", pp. <br />U- 19 -20, for the Dolores River Canyon -Slick Pond to Bedrock, and pp. U- 31 -32, Snaggletooth <br />Portion of Dolores River Canyon. <br />B. Animas River System <br />1. Introduction <br />a. San Juan County Land Use Plan - The San Juan County ( "SJC ") <br />Land Use Plan ( "Plan ") has existed for over 15 years, in part to encourage economic <br />development in the area. The Draft Plan must provide for the consideration of elements of the <br />SJC Plan in its WSR analysis, especially since mining is a "Use by Right" under the SJC Plan. <br />All of the corridors proposed for Wild and Scenic eligibility designation upstream from Silverton <br />have mineral development potential, as does a portion of the segment of the Animas River <br />between Silverton and Bakers Bridge. Several mines contain known, measured mineral <br />resources that could qualify as ore reserves at current and future metal prices, pending <br />