Dolores River National Conservation Area and Special Management Area Act

The Dolores River is currently suitable for designation as a Wild and Scenic River designation.. While this designation could provide additional protection for the river, many in the local water and agriculture communities have concerns about a Wild and Scenic designation because it comes with a federal reserved water right. The Lower Dolores Plan Working Group explored alternative tools to address these concerns and permanently protect the River’s natural, historic, and cultural values.

The group chose an NCA as the best designation for the area because it can be tailored to meet specific local needs. The Dolores River NCA is carefully designed to protect the natural and recreational values of the Dolores River without harming water rights or agriculture.

The legislation was crafted over a decade by the Legislative Subcommittee of the Lower Dolores Plan Working Group, which was formed in 2008 as an offshoot of the Dolores River Dialogue.

The Lower Dolores Plan Working Group included roughly 50 participants, including representatives from covered counties, water interests, ranchers, boaters, the Ute Mountain Ute Tribe, conservationists, private landowners, mineral interests, and off-highway vehicle (OHV) users. The smaller Legislative Subcommittee represented all of the Working Group interests.

The Ponderosa Gorge Roadless Area (as shown on the map) will be managed to preserve its wilderness character.

The Working Group agreed that ongoing discussions on management of releases and flows are best considered outside of the proposed legislation.

The Dolores River Native Fish Monitoring and Recommendation Team, an informal, multi-disciplinary body, advises on releases and flows in the area.

The legislation will not affect grazing, which will continue to be managed as it is now.

No, instead the legislation removes the Dolores River from further study under the Wild and Scenic Rivers Act.

A Wild and Scenic River designation confers a new federal reserved water right for any unallocated water in a river segment.Water and agricultural interests are concerned that a federal right could negatively affect existing private water rights.

The Dolores River Working Group concluded that an NCA/SMA would permanently protect the river corridor’s natural values without imposing new water rights.

A wild and scenic river designation carries with it a new federal reserved water right for any unallocated water in a river segment.

Water and agricultural interests are concerned that a federal right could negatively affect existing private water rights.

That is why the Dolores River Working Group concluded that an NCA/SMA would permanently protect the natural values of the river corridor, without imposing any new water rights.

Federal land managers currently list the Dolores River as suitable for Wild and Scenic designation. They have also identified a number of Outstandingly Remarkable Values (ORVs) for the river, including three native fish species, whitewater boating, cultural resources, geology, scenery, and ecology. As a suitable river, Federal land managers must manage the Dolores to protect the ORVs.

The legislation clearly identifies natural, scientific, and historical values of the river (including the ORVs identified above) and requires federal agencies to manage the area to protect and enhance those values.

The legislation:

• Prohibits new dams on the river and tributaries in the designated area.
• Prohibits activities outside the NCA/SMA that have significant negative effects on NCA/SMA values.

• Identifies and protects the natural values of the landscape
• Designates the Ponderosa Gorge as a Roadless Area and maintains its current remote and wild condition

Secretary of the Interior to collaborate with and consider recommendations from interested stakeholders regarding the management of available flows below McPhee Reservoir.

Currently, the Dolores River Native Fish Monitoring and Recommendation Team provides recommendations for reservoir managers to consider. Their work would fulfill the legislation’s requirements.

The legislation requires the Secretary of the Interior and Secretary of Agriculture to draft a management plan for the NCA/SMA within three (3) years of enactment.

The legislation creates an Advisory Council to provide input to federal agencies as they prepare the management plan. The Council consists of key stakeholders in the region, including water interests, grazing, private landowners, conservationists, boaters, the Ute Mountain Ute Tribe, and local counties.