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STATE OF COLORADO <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3441 <br />FAX: (303) 866 -4474 <br />www.cwcb.state.co.us <br />Bureau of Land Management <br />Uncompahgre Field Office, Colorado <br />Attn: RMP Revision <br />2645 S. Townsend Ave. <br />Montrose, CO 81401 <br />February 26, 2010 Bill Ritter, Jr. <br />Governor <br />Jim Martin <br />Executive Director <br />Jennifer Gimbel <br />CWCB Director <br />Re: CWCB Comments on Draft Wild and Scenic Eligibility Report for the Dan McAuliffe <br />Bureau of Land Management Uncompahgre Planning Area. Deputy Director <br />The Colorado Water Conservation Board (CWCB or Board) appreciates this opportunity to <br />comment on the Draft Wild and Scenic Eligibility Report for the Bureau of Land Management <br />Uncompahgre Planning Area (Draft Report) released by the Bureau of Land Management <br />( "BLM ") in December 2009. <br />The Draft Report details the inventory and evaluation of waters within the Uncompahgre <br />Planning Area and portions of the Dominguez - Escalante National Conservation Area for <br />potential eligibility in the National Wild and Scenic Rivers System. The analysis considers the <br />condition of river segments along the Lower and North Fork of the Gunnison, the San Miguel, <br />and the Upper and Lower Dolores Rivers, each of which comprises part of the Colorado River <br />hydrologic system within Colorado. <br />The CWCB has a substantial interest in the efficient management and wise administration of the <br />river segments inventoried and evaluated in the Draft Report. The CWCB is authorized to, <br />among other things, "cooperate with the United States and the agencies thereof... for the <br />purpose of bringing about the greater utilization of the water of the state of Colorado ...," and <br />"to confer with and appear before the officers, representatives, boards, bureaus, committees, <br />commissions, or other agencies of... the federal government, for the purpose of protecting and <br />asserting the authority, interests, and rights of the state of Colorado and its citizens with respect <br />to the waters of the interstate streams in this state. "' <br />Furthermore, the CWCB has the exclusive authority to appropriate instream flow water rights,2 <br />and its Instream Flow Program has proven to be very successful, protecting over 8,500 miles of <br />streams and 480 natural lake levels in Colorado. The BLM has successfully relied on this <br />program in dozens of situations to protect water resources located within or adjacent to BLM <br />lands. It is under this authority and in the interest of protecting the rights and needs of its <br />citizens that Colorado submits the following comments: <br />The CWCB appreciates the Draft Report's express acknowledgement that the eligibility <br />analysis is an initial phase of the Wild and Scenic River investigation, intended to <br />identify the BLM's opinion regarding the free - flowing nature and outstanding and <br />remarkable values of the inventoried river segments. Although the CWCB may dispute <br />or disagree with some of the BLM's findings in the Draft Eligibility Report if it <br />1 Section 37 -60 -106, subsections (e) and (i), C.R.S. (2009). <br />2 Section 37 -92- 102(3), C.R.S. (2009). <br />Flood Protection • Water Supply Planning and Finance • Stream and Lake Protection <br />Water Supply Protection • Conservation and Drought Planning <br />