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Page 3 of 6 <br /> CRWCD Protest of Proposed Little Snake Resource Management Plan and Final Environmental <br /> Impact Statement <br /> September 13, 2010 <br /> These uses could be foreclosed in the event of a suitability determination or designation as Wild <br /> and Scenic, because the uses are mutually exclusive to the goal of protecting the free flowing <br /> nature and the segments' individual ORVs. <br /> Finally, the BLM's Manual considers whether or not there are other mechanisms <br /> available to protect the segment. The State of Colorado has processes in place to address non- <br /> consumptive water needs as well as consumptive needs. See C.R.S. § 37 - 75-104(2)(c). <br /> Designation of segments in the Yampa River would preempt that process, contrary to BLM's <br /> own guidance and FLPMA. BLM 8351 and 43 U.S.C. § 1712(c)(9). Perhaps most important, <br /> there is significant opposition to designation of any segments as Wild and Scenic in the Yampa <br /> River basin. BLM Manual 8351.33(A)(4). <br /> Additionally, and despite the fact that endangered species were a concern identified in the <br /> PRMP/FEIS to justify suitability, the study failed to adequately address how a suitability <br /> determination might impact the cooperative and successful Upper Colorado River Endangered <br /> Fish Recovery Program("Recovery Program"). As part of the Recovery Program, an endangered <br /> fish management plan presently exists for the Yampa River: USFWS, Management Plan for <br /> Endangered Fishes in the Yampa River Basin and Environmental Assessment (2004). The <br /> Yampa Plan was initiated through a cooperative agreement signed by the US Fish & Wildlife <br /> Service, the States of Colorado and Wyoming, and the River District on behalf of Yampa River <br /> basin water users. The Yampa Plan anticipated human water needs for the next 40 years and <br /> proscribes measures to minimize adverse impacts to the four endangered fishes from current and <br /> projected future water depletions from the Yampa River and its tributaries. <br /> Determination of suitability or designation under WSRA could conflict with the <br /> Recovery Program by precluding or constraining the size and scope of future water projects. The <br /> Recovery Program's dual mission is to recover the endangered fish while allowing existing and <br /> future water development to occur. As discussed below, determination of suitability would have <br /> a chilling effect on water development within and upstream of the Yampa River segments. <br /> B. The PRMP/FEIS does not contain an adequate analysis of the impacts of a <br /> Wild and Scenic Designation or the implications of future management under a finding of <br /> suitability on vested water rights and future water development. <br /> As noted above, the River District is statutorily charged with the conservation, use and <br /> development of the water resources of the Colorado River including its major tributary the <br /> Yampa River. The PRMP/FEIS fails to adequately address and disclose the impacts that a <br /> suitability determination and any inclusion in the National Wild and Scenic Rivers System <br /> ("NWSRS") would have on vested water rights and future water development in the Yampa <br /> River basin and the foreseeable impacts that would have on the State of Colorado. <br /> In determining whether the Yampa River segments are suitable for wild and scenic river <br /> designation the BLM must assess the impacts that would occur from designation or non- <br />