This bill establishes the Dolores River National Conservation Area and Special Management Area to protect the river's ecological, scenic, and recreational values while upholding existing water rights and tribal agreements.
Michael Bennet
Senator
CO
This bill establishes the Dolores River National Conservation Area and Special Management Area to protect the river's ecological, cultural, and recreational values, including native fish and whitewater boating. It mandates the creation of comprehensive management plans developed with significant public input while explicitly protecting existing water rights, tribal agreements, and private property. Furthermore, the legislation removes certain river segments from future consideration under the Wild and Scenic Rivers System.
Dolores River Bill Locks Down 68,000 Acres of Colorado Land, Halts New Mining, But Grandfathers In Existing Uranium Leases
This legislation, the Dolores River National Conservation Area and Special Management Area Act, creates two new protected zones covering about 68,000 acres of federal land in Colorado. The goal is to conserve the natural resources, protect native fish and whitewater boating, and preserve the scenic and cultural assets of the Dolores River corridor. It’s a major move to formalize conservation for a significant stretch of river, but it comes with some complicated fine print regarding resource extraction and water.
The New Protected Zones: What Changes on the Ground
This Act carves out two distinct areas: the Dolores River National Conservation Area (52,872 acres managed by the BLM) and the Dolores River Special Management Area (15,452 acres in the San Juan National Forest). For anyone who enjoys hiking, hunting, or rafting, this bill provides long-term security for those activities by severely restricting industrial development. The bill explicitly bans new mining claims, mineral leasing, and geothermal resource development across all 68,000 acres. If you’re a contractor or delivery driver, be aware that outside of emergencies or government business, motorized vehicles will only be allowed on designated roads. In the particularly sensitive Ponderosa Gorge area, the rules get even tighter, banning new roads and most motorized equipment entirely to keep its wilderness character intact (Sec. 401).
Water Rights: The Elephant in the Reservoir
When you talk about the West, you talk about water, and this bill is clear: it doesn’t touch existing water rights. This legislation explicitly protects the operations of the Dolores Project and the McPhee Reservoir, including the agreements related to the Colorado Ute Indian Water Rights Settlement Act of 1988 (Sec. 402). For farmers and municipalities downstream, this means the bill won't impose new streamflow requirements or stricter federal water quality standards than what already exists. However, the Secretary is now required to manage the water releases from McPhee Dam with an eye toward improving native fish populations and whitewater rafting opportunities, which will involve regular consultation with a wide range of stakeholders, including water managers and local counties. Critically, the Act bars federal funding for any new water projects that would significantly harm the river’s resource values, even if the project is located outside the protected area (Sec. 402(d)).
The Uranium Lease Loophole
While the bill locks the door on future mining, it leaves a window open for specific existing operations. The Act includes a provision that exempts existing Department of Energy (DOE) uranium leasing agreements from the new management restrictions (Sec. 102(e)). Land under these existing leases won't be fully managed under the new conservation rules until the DOE lease expires or is terminated. This means that for some parcels within the new Conservation Area boundary, the full protection intended by the Act could be delayed indefinitely if the Secretary of Energy chooses to extend the existing leases. It’s a real-world example of how old contracts can slow down new conservation efforts.
The Advisory Council and Tribal Assurances
To keep management grounded, the Act creates a 14-member Advisory Council within a year to guide the BLM and Forest Service on the management plans (Sec. 103). This council is required to include agricultural water users, recreation interests (specifically whitewater boating), local county commissioners, a grazing permittee, and two members representing Indian Tribes, including the Ute Mountain Ute Tribe. This structure is designed to ensure that local voices and diverse interests have a seat at the table during the planning process. Furthermore, the Act explicitly guarantees that existing Tribal treaty rights and traditional uses—like ceremonies and gathering plants—remain fully protected and are not diminished by this new designation (Sec. 404). This ensures that conservation doesn't inadvertently override established rights and uses.