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'. " 4It OOlOul 4It PRACTICAL EFFECTS OF WILD AND SCENIC DESIGNATION ON PIEDRA RIVER During this session of Congress, a bill may be introduced to designate certain portions of the piedra River as a wild and Scenic River. Attached is a map of the segments under consider- ation. Piedra area water users are naturally concerned about the potential impact of wild and scenic legislation on their water rights and water use practices. In a nutshell, wild and Scenic designation would not threat- en existing uses. Changes of use and perfection of existing conditional uses may be more carefully scrutinized than 'at present. Future new uses of significant size may be prohibited especially if a federal permit is required. The Piedra River is one of the longest, free-flowing rivers in Colorado. Because of its character and natural beauty the Piedra, from the Continental Divide downstream to U.S. Highway 160, has been studied and recommended for inclusion in the National wild and Scenic River System. Actual inclusion of the Piedra in the National Wild and Scenic River System would take an act of Congress. Inclusion of the Piedra River in the National Wild and Scenic River System is likely to have a beneficial impact on property values. The "highest and best use" of the area under present and forseeable conditions is for low density vacation homes and executive ranches. Designation of the Piedra would complement such uses. Under the Act, a federal water right is created, but only as of the date of Wild and Scenic designation. If Piedra River legislation is passed in 1989, this means that a 1989 priority date would be assigned to the Wild and Scenic water right. It would therefore be junior to all existinq water riqhts and cOUld not callout existinq users. If the Piedra River Canyon below Piedra Road down to Highway 160 is designated, water users upstream would have a large new junior water right downstream. Water users downstream of Highway 160 would be unaffected. Water users in the Wild and Scenic segment would be in the same position as upstream users as far as their water rights are concerned. A Wild and Scenic water right, even through junior, would be entitled to protection from injury in the event a water user wanted to change an existing water right either in use or location. For example. if a rancher wanted to change an irrigat- ion right to commerical and domestic use for a resort develop- ment, that could be done in a water court proceeding, but only to the extent that it would not injure other rights, including the junior Wild and Scenic right. With or without the Wild and Scenic designation, the no-injury standard means that only the actual historic consumptive use of the irrigation right could be changed. However, with Wild and Scenic designation, changes of water rights would probably be more strictly reviewed.