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April 11, 2008 <br />Page 35 <br />strides to improve water quality in the Animas River Basin, but the native mineralization of the <br />Silverton Caldera could overshadow the hoped -for water quality improvements. <br />d. The Town of Silverton municipal water intake is upstream of <br />Mineral Creek on a tributary. WSR suitability designation could have major impact on any <br />much needed changes or further development of the Town's water supply. <br />e. WSR designation will effectively prohibit future mining activity <br />within the WRS corridor and development of additional water resources for mining and other <br />activities. Because future mining plans will be subordinated to recreation and other ORVs, an <br />additional layer of regulation to that already existing will likely make mineral extraction <br />impractical. Because of the constraints of terrain, including avalanche activity, the most <br />practical sites for mine plant development would be within the WRS corridor, which would <br />likely be inconsistent with maintaining the WRS values. <br />WSR eligibility and suitability designation carries an implied undefined reserved <br />water right. Whether any additional diversions upstream or within WSR segment would be <br />allowed, even if very small, is unclear. This brings great uncertainty to future water <br />development potential. <br />The development of additional water resources will be required for future mineral <br />development. Special use permits will be needed for water facilities to cross or divert from <br />public lands. These special use permits will be subject to WSR river considerations, which could <br />preclude or severely limit future water development. <br />2. Animas River Bakers Bridge to Silverton <br />a. WSR Classification — Recreational. The SJC Plan calls for the <br />Animas River below Silverton to be for limited recreational use. <br />b. Land Ownership — The part of the stream from Silverton south to <br />Kendall Gulch, approximately 1.5 miles at the upper end of the reach, is over 50% privately <br />owned. The Draft Plan tables and classifications do not represent the effective land ownership in <br />the area near Silverton, especially since the right -of -way of the Durango and Silverton Railroad <br />(RR), which pre -dates the Forest, runs almost the entire length of the corridor and should be <br />considered private land in the Draft Plan. As long as the RR right of way is used for that <br />purpose, it functions as private land, regardless of any reversionary provisions. The Draft Plan <br />does not appear to recognize this land ownership. Such recognition could change the land <br />ownership pattern significantly. <br />C. Mineral Potential — There is significant mineral development <br />potential within the stream segment, especially the section from Kendall Creek to Silverton, but <br />also in other portions, as outlined in the Draft Plan. A suitability designation would conflict with <br />