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FISCHER,BROWN, HUDDLESON AND GUNN
ATTORNEYS AT LAW WARD H.FISCHER
WILLIAM H.BROWN
ELEVENTH FLOOR.FIRST NATIONAL TOWER POST OFFICE DRAWER .1 CHAS. R.HUDDLESON
WILLIAM C.GUNN
FORT COLLINS,COLORADO 80522 W. PAUL ECKMAN
STEVEN B.RAY
AREA CODE 303/482-1056
MEMORANDUM
TO: The Members of the Board of Directors,
Cache La Poudre Water Users Association
FROM: William H. Brown
SUBJECT: Cache La Poudre Wild and Scenic River Study
DATE: March 23, 1979
Gentlemen:
Last night (this letter is dictated March 22) I attended an
informational meeting on the Cache La Poudre Wild and Scenic River Study,
sponsored by the Interdisciplinary Study Team composed of United States
Forest Service personnel and Colorado Water Conservation Board members.
I'm sure all of you are generally familiar with the Wild and
Scenic River Act and its implications insofar as the study being made on
the Poudre is concerned. You will remember that the Poudre from the mouth
of the canyon westward (with the exception of the north fork) has been
designated by Congress to be studied to see if it qualifies for designation
as a wild, scenic and/or recreational river. Ultimate designation of the
river, or parts of the river, in any of these categories could have a
significant effect upon the river's potent;a� for the rnnctrurtipn of LW..
water_projects, such as Grey Mountain Reservoir, Idylwild, and Fort Collins'
"Rockwell Reservoir."
The first part of the meeting was devoted to an explanation as
to the methodology of the studies made so far on the river, and the results
of such studies. All kinds of considerations and factors were discussed,
within a basic framework of four possible alternative designations of the
river, ranging from designating the entire river as either recreational or
wild to the other extreme of leaving the river exactly as it is. An attempt
in this letter to explain all of what occurred would be prohibitive from the
standpoint of length. I'll therefore confine my remarks to matters material
to water development and water quality, but of course will be happy to discuss
with any of you in more detail the entire scope of the study as it was explained.
V// 790731
Board of Directors,
Cache La Poudre Water Users Association
March 23, 1979
Page Two
If the river is ultimately designated (designation being done by
Congress, following recommendations from Governor Lamm's office and the
head of the Forest Service) ,as a wild river as to any of its segments, then
no change or modification of the stream channel will be permitted which
of course would preclude reservoir construction.
If any portion of the river is designated as recreational, then
water quality is to take precedence over any other value, such as use or
storage of the water. Although recreational designation does not seem to
explicitly prohibit the construction of dams, reservoirs, and similar
structures, in my opinion it would do so from a practical standpoint, since
such activities would of course have a substantial impact, during the
construction phase, upon water quality and upon the purpose of the "recreational"
designation.
Four alternatives were proposed, as I mentioned. This does not
mean, however, that numerous other alternatives could not be conceived and
considered before this thing has run its course.
Each of the alternatives divides the river into seven sections,
on an arbitrary basis. Alternative A would result in the entire river being
classified as recreation, except for the Big South and the Little South from
Beaver Creek to its confluence with the main stem of the Poudre. These would
be classified as wild. Selection of Alternative A would preclude, for all
practical purposes, future water projects on the entire river.
Alternate B designates only the Big South and the Little South
in the wild-recreational category, and would prohibit future water develop-
ment in those segments.
Alternate C designates only the Little South from its confluence
with the Poudre to Beaver Creek as wild, while leaving the remainder of
the river undesignated. Alternate D leaves the river as it is.
My impression was that the vast majority of people attending the
informational meeting were opposed to the Wild and Scenic Study in general
and any change in the river specifically. However, a few of those attending
were concerned with the loss of potential for future reservoir construction
that designation would bring. Instead, those at the meeting, or at least
the most vocal ones, were canyon residents concerned about their property
values, who didn't want to see any change in the river, but who would also,
I am sure, be greatly opposed to water development projects, at least if
those projects were in their specific area. These people will no doubt be
continuing to fight against any designation, but not from the standpoint
of its impact upon water resource development.
Board of Directors,
Cache La Poudre Water Users Association
March 23, 1979
Page Three
For this reason, although I can't assure anyone that it will do
a bit of good at this point, I think that the board of directors and as many
members of the Association as possible notify those making the study of their
serious concern as to the impact of designation upon the river from the
standpoint of loss of potential for future water storage. In this regard,
we were informed that if Alternate A is selected, it will mean a loss of
water storage in the amount of 408,000 acre feet. Comments may be
addressed to:
Forest Supervisor
Arapahoe and Roosevelt National Forests
P. 0. Box 1366
Fort Collins, Colorado 80522
This should be submitted by April 9.
We were informed that a draft environmental statement as to the
recommended alternatives is due for publication in May. I've made sure that
I will be sent a copy, and will inform you of its content when I receive it.
Sincerely,
FISC�HER,, BROWN, HUDDLESON & GUNN
���I ad"
William H. Brown
WHB:sh
cc: Roger E. Krempel
At our last County Uoard meeting we voted unanimously to oppose
any classifying of the Poudre River as a whole that would effect any
potential construction of new water or power projects..
We further believe that our Country is fast using up its' natural
resources (oil, minerals, etc.) and belie+v'e that any clncgl.fying of
forest or range land that prohibits the explorations and develoment of
these lands along this line is not in the best interests of the United
�►. ,:► r Sta.tes. v i...C :•,rar;r.r,.x+: _ . . - ...*. .: .•, .. ., .. „.... .
Lie, as penple in hgrlculI-ure, who in our busirrc'n;: ue.r.k close to
Mother Nature, would like to ,quo our l rind, if posrihle, not changed
from its' original status.
If much of nur land is left in its' original status, we must
depend more and more on imports and as has been proved in the recent
energy shortage, this source of imports from foreign countries is
extremely unreliable.
Forest Supervisor
Arapahoe and Roosevelt
Notional Forests
P. Q. Box 1366
Fort Collins,
C� (3(1522
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