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April 11, 2008 <br />Page 34 <br />completion of feasibility studies. Mineral development was the basis for the founding of both <br />Silverton and Durango and has historically been the primary economic base of SJC. While <br />tourism may presently be the dominant economic influence, significant potential exists in the <br />near term for mining to return to a position of significant long term economic importance in the <br />SJC. The Draft Plan implies that mining ceased in the 1920's. Mining and mineral location is <br />not an allowed use under a WSR. Therefore, there is a significant conflict between an eligibility <br />designation and mineral development under the SJC Plan, as well as with historic and possible <br />future use. The Draft Plan fails to recognize the very real potential for renewed mineral <br />development and the need for mineral location that could be precluded by WSR status. <br />b. Water Development - If the Animas River below Silverton is <br />designated suitable for WSR, needed new water development upstream of Bakers Bridge may be <br />prohibited or made extremely difficult and expensive, contrary to the intent of the SJC Plan. <br />Future water development needs in SJC have been identified, as evidenced by the recent <br />conditional water rights applications filed by both private and public entities. Existing <br />conditional water rights would also be at risk. Because of so much public land in this area, <br />needed water development will require federal special use permits. With a suitability <br />designation, there is a threat that the Special Use Permit restrictions needed to develop future <br />water rights, perfect conditional water rights, or to change existing absolute water rights for new <br />uses and places of use could prevent water development. The Draft must address these conflicts <br />and their resolution in detail. The designation of streams as suitable could be a basis for the non - <br />issuance of vital permits or the placement in such permits of such onerous terms and conditions <br />that water development is unable to take place. <br />C. Water Quality - The Draft ignores significant water quality issues. <br />Although the Colorado Water Quality Control Commission (Commission) has established <br />standards for each of the proposed eligible WSR reaches, in general these standards are not being <br />met. The Animas River was previously on Colorado's 303d list for impaired waters. Colorado <br />recognized that water quality issues on the upper Animas River Basin are very complex and <br />poorly understood. Therefore, a Use Attainability Analysis was prepared by the Animas River <br />Stakeholders Group in cooperation with the Colorado Department of Public Health and <br />Environment after several years of study. A plan was developed to bring each of the stream <br />segments into compliance with recommended standards based on existing and planned <br />remediation work in the sub - basins above Silverton, recognizing that some stream segments, <br />such as Cement Creek, will never attain sufficient water quality to support a fish population <br />because of many factors, including natural mineral contamination. The Commission adopted the <br />recommended standards. While the Draft Plan discusses limited water quality in the Upper <br />Animas River Basin, there is no assurance that all of water quality standards will ever be met. <br />The goal is to improve the water quality in the Animas River below Silverton so that it may <br />support a self - sustaining fish population. While the implementation of the work plan has been <br />on -going for several years and all parties hope to implement the plan within 20 years, the results <br />to date are indeterminate. There is no assurance that it will not take longer because of funding <br />and legal constraints. All parties recognize that the Anima River Stakeholder's Group is making <br />