II 

117TH CONGRESS 

2D SESSION S. 4542 

To establish the Dolores River National Conservation Area and the Dolores 

River Special Management Area in the State of Colorado, to protect 

private water rights in the State, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2022 

Mr. BENNET (for himself and Mr. HICKENLOOPER) introduced the following 

bill; which was read twice and referred to the Committee on Energy and 

Natural Resources 

A BILL 

To establish the Dolores River National Conservation Area 

and the Dolores River Special Management Area in the 

State of Colorado, to protect private water rights in 

the State, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Dolores River National Conservation Area and Special 

6 Management Area Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—DOLORES RIVER NATIONAL CONSERVATION AREA 

Sec. 101. Establishment of Dolores River National Conservation Area. 

Sec. 102. Management of Conservation Area. 

Sec. 103. Dolores River National Conservation Area Advisory Council. 

TITLE II—DOLORES RIVER SPECIAL MANAGEMENT AREA 

Sec. 201. Designation of Dolores River Special Management Area. 

Sec. 202. Management of Special Management Area. 

TITLE III—TECHNICAL MODIFICATIONS TO POTENTIAL 

ADDITIONS TO NATIONAL WILD AND SCENIC RIVERS SYSTEM 

Sec. 301. Purpose. 

Sec. 302. Release of Dolores River study area. 

Sec. 303. Applicability of continuing consideration provision. 

TITLE IV—GENERAL PROVISIONS 

Sec. 401. Management of covered land. 

Sec. 402. Protection of water rights and other interests. 

Sec. 403. Effect on private property and regulatory authority. 

Sec. 404. Tribal rights and traditional uses. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONSERVATION AREA.—The term ‘‘Con4 servation Area’’ means the Dolores River National 

5 Conservation Area established by section 101(a). 

6 (2) COUNCIL.—The term ‘‘Council’’ means the 

7 Dolores River National Conservation Area Advisory 

8 Council established under section 103(a). 

9 (3) COVERED LAND.—The term ‘‘covered land’’ 

10 means— 

11 (A) the Conservation Area; and 

12 (B) the Special Management Area. 

13 (4) DOLORES PROJECT.—The term ‘‘Dolores 

14 Project’’ has the meaning given the term in section 


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1 3 of the Colorado Ute Indian Water Rights Settle2 ment Act of 1988 (Public Law 100–585; 102 Stat. 

3 2974). 

4 (5) MAP.—The term ‘‘Map’’ means the map 

5 prepared by the Bureau of Land Management enti6 tled ‘‘Proposed Dolores River National Conservation 

7 Area and Special Management Area’’ and dated July 

8 13, 2022. 

9 (6) PUBLIC LAND.—The term ‘‘public land’’ 

10 has the meaning given the term ‘‘public lands’’ in 

11 section 103 of the Federal Land Policy and Manage12 ment Act of 1976 (43 U.S.C. 1702). 

13 (7) SECRETARY.—The term ‘‘Secretary’’ 

14 means— 

15 (A) in title I, the Secretary of the Interior; 

16 (B) in title II, the Secretary of Agri17 culture; and 

18 (C) in title IV— 

19 (i) the Secretary of the Interior, with 

20 respect to land under the jurisdiction of 

21 the Secretary of the Interior; and 

22 (ii) the Secretary of Agriculture, with 

23 respect to land under the jurisdiction of 

24 the Secretary of Agriculture. 


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1 (8) SPECIAL MANAGEMENT AREA.—The term 

2 ‘‘Special Management Area’’ means the Dolores 

3 River Special Management Area established by sec4 tion 201(a). 

5 (9) STATE.—The term ‘‘State’’ means the State 

6 of Colorado. 

7 (10) UNREASONABLY DIMINISH.—The term 

8 ‘‘unreasonably diminish’’ is within the meaning of 

9 the term used in section 7(a) of the Wild and Scenic 

10 Rivers Act (16 U.S.C. 1278(a)) and has the mean11 ing of the term as applied in appendix D of the 

12 Technical Report of the Interagency Wild and Scenic 

13 Rivers Coordinating Council entitled ‘‘Wild & Scenic 

14 Rivers: Section 7’’ and dated October 2004. 

15 (11) WATER RESOURCE PROJECT.—The term 

16 ‘‘water resource project’’ means any dam, irrigation 

17 and pumping facility, reservoir, water conservation 

18 work, aqueduct, canal, ditch, pipeline, well, hydro19 power project, and transmission and other ancillary 

20 facility, and other water diversion, storage, and car21 riage structure. 


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1 TITLE I—DOLORES RIVER NA2 TIONAL CONSERVATION AREA 

3 SEC. 101. ESTABLISHMENT OF DOLORES RIVER NATIONAL 

4 CONSERVATION AREA. 

5 (a) ESTABLISHMENT.— 

6 (1) IN GENERAL.—Subject to valid existing 

7 rights, there is established the Dolores River Na8 tional Conservation Area in the State. 

9 (2) AREA INCLUDED.—The Conservation Area 

10 shall consist of approximately 53,187 acres of Bu11 reau of Land Management land in the State, as gen12 erally depicted on the Map. 

13 (b) PURPOSE.—The purpose of the Conservation 

14 Area is to conserve, protect, and enhance the native fish, 

15 whitewater boating, recreational, scenic, cultural, archae16 ological, natural, geological, historical, ecological, water17 shed, wildlife, educational, and scientific resources of the 

18 Conservation Area. 

19 (c) MAP AND LEGAL DESCRIPTION.— 

20 (1) IN GENERAL.—As soon as practicable after 

21 the date of enactment of this Act, the Secretary 

22 shall file a map and legal description of the Con23 servation Area with the Committee on Natural Re24 sources of the House of Representatives and the 


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1 Committee on Energy and Natural Resources of the 

2 Senate. 

3 (2) EFFECT.—The map and legal description 

4 prepared under paragraph (1) shall have the same 

5 force and effect as if included in this title, except 

6 that the Secretary may correct minor errors in the 

7 map or legal description. 

8 (3) PUBLIC AVAILABILITY.—A copy of the map 

9 and legal description shall be on file and available 

10 for public inspection in the appropriate offices of the 

11 Bureau of Land Management. 

12 SEC. 102. MANAGEMENT OF CONSERVATION AREA. 

13 (a) IN GENERAL.—The Secretary shall manage the 

14 Conservation Area in accordance with— 

15 (1) this Act; 

16 (2) the Federal Land Policy and Management 

17 Act of 1976 (43 U.S.C. 1701 et seq.); and 

18 (3) other applicable laws. 

19 (b) USES.—Subject to the provisions of this Act, the 

20 Secretary shall allow only such uses of the Conservation 

21 Area as are consistent with the purpose described in sec22 tion 101(b). 

23 (c) MANAGEMENT PLAN.— 

24 (1) PLAN REQUIRED.— 


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1 (A) IN GENERAL.—Not later than 3 years 

2 after the date of enactment of this Act, the Sec3 retary shall develop a management plan for the 

4 long-term protection, management, and moni5 toring of the Conservation Area. 

6 (B) REVIEW AND REVISION.—The manage7 ment plan under subparagraph (A) shall, from 

8 time to time, be subject to review and revision, 

9 in accordance with— 

10 (i) this Act; 

11 (ii) the Federal Land Policy and Man12 agement Act of 1976 (43 U.S.C. 1701 et 

13 seq.); and 

14 (iii) other applicable laws. 

15 (2) CONSULTATION AND COORDINATION.—The 

16 Secretary shall prepare and revise the management 

17 plan under paragraph (1)— 

18 (A) in consultation with— 

19 (i) the State; 

20 (ii) units of local government; 

21 (iii) the public; 

22 (iv) the Council; and 

23 (v) the Native Fish Monitoring and 

24 Recommendation Team, as described in 

25 section 402(b)(1); and 


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1 (B) in coordination with the Secretary of 

2 Agriculture, with respect to the development of 

3 the separate management plan for the Special 

4 Management Area, as described in section 

5 202(c). 

6 (3) RECOMMENDATIONS.—In preparing and re7 vising the management plan under paragraph (1), 

8 the Secretary shall take into consideration any rec9 ommendations from the Council. 

10 (4) TREATY RIGHTS.—In preparing and revis11 ing the management plan under paragraph (1), tak12 ing into consideration the rights and obligations de13 scribed in section 402, the Secretary shall ensure 

14 that the management plan does not alter or dimin15 ish— 

16 (A) the treaty rights of any Indian Tribe; 

17 (B) any rights described in the Colorado 

18 Ute Indian Water Rights Settlement Act of 

19 1988 (Public Law 100–585; 102 Stat. 2973); 

20 or 

21 (C) the operation or purposes of the Dolo22 res Project. 

23 (d) INCORPORATION OF ACQUIRED LAND AND IN24 TERESTS.—Any land or interest in land located within the 

25 boundary of the Conservation Area that is acquired by the 


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1 United States in accordance with section 401(c) after the 

2 date of enactment of this Act shall— 

3 (1) become part of the Conservation Area; and 

4 (2) be managed as provided in this section. 

5 (e) DEPARTMENT OF ENERGY LEASES.— 

6 (1) IN GENERAL.—Nothing in this title affects 

7 valid leases or lease tracts existing on the date of en8 actment of this Act issued under the uranium leas9 ing program of the Department of Energy within the 

10 boundaries of the Conservation Area. 

11 (2) MANAGEMENT.— 

12 (A) IN GENERAL.—Subject to subpara13 graph (B), land designated for the program de14 scribed in paragraph (1) shall be— 

15 (i) exempt from section 401(b); and 

16 (ii) managed in a manner that allow 

17 the leases to fulfill the purposes of the pro18 gram, consistent with the other provisions 

19 of this title and title IV. 

20 (B) DESIGNATION.—Land subject to a 

21 lease described in paragraph (1) shall be con22 sidered part of the Conservation Area and man23 aged in accordance with other provisions of this 

24 title on a finding by the Secretary that— 

25 (i)(I) the lease has expired; and 


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1 (II) the applicable lease tract has been 

2 removed from the leasing program by the 

3 Secretary of Energy; and 

4 (ii) the land that was subject to the 

5 lease is suitable for inclusion in the Con6 servation Area. 

7 (C) EFFECT.—Nothing in subparagraph 

8 (B) prevents the Secretary of Energy from ex9 tending any lease described in paragraph (1). 

10 SEC. 103. DOLORES RIVER NATIONAL CONSERVATION AREA 

11 ADVISORY COUNCIL. 

12 (a) ESTABLISHMENT.—Not later than 180 days after 

13 the date of enactment of this Act, the Secretary shall es14 tablish an advisory council, to be known as the ‘‘Dolores 

15 River National Conservation Area Advisory Council’’. 

16 (b) DUTIES.—The Council shall advise— 

17 (1) the Secretary with respect to the prepara18 tion, implementation, and monitoring of the manage19 ment plan prepared under section 102(c); and 

20 (2) the Secretary of Agriculture with respect to 

21 the preparation, implementation, and monitoring of 

22 the management plan prepared under section 202(c). 

23 (c) APPLICABLE LAW.—The Council shall be subject 

24 to— 


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1 (1) the Federal Advisory Committee Act (5 

2 U.S.C. App.); 

3 (2) the Federal Land Policy and Management 

4 Act of 1976 (43 U.S.C. 1701 et seq.); and 

5 (3) this Act. 

6 (d) MEMBERSHIP.— 

7 (1) IN GENERAL.—The Council shall include 13 

8 members to be appointed by the Secretary, of whom, 

9 to the extent practicable— 

10 (A) 2 members shall represent agricultural 

11 water user interests in the Conservation Area 

12 or the Dolores River watershed, of whom 1 

13 shall represent the Dolores Water Conservancy 

14 District; 

15 (B) 2 members shall represent conserva16 tion interests in the Conservation Area; 

17 (C) 2 members shall represent recreation 

18 interests in the Conservation Area, 1 of whom 

19 shall represent whitewater boating interests; 

20 (D) 1 member shall be a representative of 

21 Dolores County, Colorado; 

22 (E) 1 member shall be a representative of 

23 San Miguel County, Colorado; 

24 (F) 1 member shall be a representative of 

25 Montezuma County, Colorado; 


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1 (G) 1 member shall be a private landowner 

2 that owns land in immediate proximity to the 

3 Conservation Area; 

4 (H) 1 member shall be a representative of 

5 Colorado Parks and Wildlife; 

6 (I) 1 member shall be a holder of a graz7 ing-allotment permit in the Conservation Area; 

8 and 

9 (J) 1 member shall be a representative of 

10 the Ute Mountain Ute Tribe. 

11 (2) REPRESENTATION.— 

12 (A) IN GENERAL.—The Secretary shall en13 sure that the membership of the Council is fair14 ly balanced in terms of the points of view rep15 resented and the functions to be performed by 

16 the Council. 

17 (B) REQUIREMENTS.— 

18 (i) IN GENERAL.—The members of 

19 the Council described in subparagraphs 

20 (B) and (C) of paragraph (1) shall be resi21 dents that live within reasonable proximity 

22 to the Conservation Area. 

23 (ii) COUNTY REPRESENTATIVES.—The 

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1 paragraphs (D) and (E) of paragraph (1) 

2 shall be— 

3 (I) residents of the respective 

4 counties referred to in those subpara5 graphs; and 

6 (II) capable of representing the 

7 interests of the applicable board of 

8 county commissioners. 

9 (e) TERMS OF OFFICE.— 

10 (1) IN GENERAL.—The term of office of a 

11 member of the Council shall be 5 years. 

12 (2) REAPPOINTMENT.—A member may be re13 appointed to the Council on completion of the term 

14 of office of the member. 

15 (f) COMPENSATION.—A member of the Council— 

16 (1) shall serve without compensation for service 

17 on the Council; but 

18 (2) may be reimbursed for qualified expenses of 

19 the member. 

20 (g) CHAIRPERSON.—The Council shall elect a chair21 person from among the members of the Council. 

22 (h) MEETINGS.— 

23 (1) IN GENERAL.—The Council shall meet at 

24 the call of the chairperson— 


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1 (A) not less frequently than quarterly until 

2 the management plan under section 102(c) is 

3 developed; and 

4 (B) thereafter, at the call of the Secretary. 

5 (2) PUBLIC MEETINGS.—Each meeting of the 

6 Council shall be open to the public. 

7 (3) NOTICE.—A notice of each meeting of the 

8 Council shall be published in advance of the meeting. 

9 (i) TECHNICAL ASSISTANCE.—The Secretary shall 

10 provide, to the maximum extent practicable in accordance 

11 with applicable law, any information and technical services 

12 requested by the Council to assist in carrying out the du13 ties of the Council. 

14 (j) RENEWAL.—The Secretary shall ensure that the 

15 Council charter is renewed as required under applicable 

16 law. 

17 (k) DURATION.—The Council— 

18 (1) shall continue to function for the duration 

19 of existence of the Conservation Area; but 

20 (2) on completion of the management plan, 

21 shall only meet— 

22 (A) at the call of the Secretary; or 

23 (B) in the case of a review or proposed re24 vision to the management plan. 


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1 TITLE II—DOLORES RIVER 

2 SPECIAL MANAGEMENT AREA 

3 SEC. 201. DESIGNATION OF DOLORES RIVER SPECIAL MAN4 AGEMENT AREA. 

5 (a) ESTABLISHMENT.— 

6 (1) IN GENERAL.—Subject to valid existing 

7 rights, there is established the Dolores River Special 

8 Management Area in the State. 

9 (2) AREA INCLUDED.—The Special Manage10 ment Area shall consist of approximately 15,664 

11 acres of Federal land in the San Juan National For12 est in the State, as generally depicted on the Map. 

13 (b) PURPOSE.—The purpose of the Special Manage14 ment Area is to conserve, protect, and enhance the native 

15 fish, whitewater boating, recreational, scenic, cultural, ar16 chaeological, natural, geological, historical, ecological, wa17 tershed, wildlife, educational, and scientific resources of 

18 the Special Management Area. 

19 (c) MAP AND LEGAL DESCRIPTION.— 

20 (1) IN GENERAL.—As soon as practicable after 

21 the date of enactment of this Act, the Secretary 

22 shall file a map and legal description of the Special 

23 Management Area with the Committee on Natural 

24 Resources of the House of Representatives and the 


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1 Committee on Energy and Natural Resources of the 

2 Senate. 

3 (2) EFFECT.—The map and legal description 

4 prepared under paragraph (1) shall have the same 

5 force and effect as if included in this title, except 

6 that the Secretary may correct minor errors in the 

7 map or legal description. 

8 (3) PUBLIC AVAILABILITY.—A copy of the map 

9 and legal description shall be on file and available 

10 for public inspection in the appropriate offices of the 

11 Forest Service. 

12 SEC. 202. MANAGEMENT OF SPECIAL MANAGEMENT AREA. 

13 (a) IN GENERAL.—The Secretary shall manage the 

14 Special Management Area in accordance with— 

15 (1) this Act; 

16 (2) the National Forest Management Act of 

17 1976 (16 U.S.C. 1600 et seq.); and 

18 (3) other applicable laws. 

19 (b) USES.—The Secretary shall allow only such uses 

20 of the Special Management Area as the Secretary deter21 mines would further the purpose of the Special Manage22 ment Area, as described in section 201(b). 

23 (c) MANAGEMENT PLAN.— 

24 (1) PLAN REQUIRED.— 


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1 (A) IN GENERAL.—Not later than 3 years 

2 after the date of enactment of this Act, the Sec3 retary shall develop a management plan for the 

4 long-term protection, management, and moni5 toring of the Special Management Area. 

6 (B) REVIEW AND REVISION.—The manage7 ment plan under subparagraph (A) shall, from 

8 time to time, be subject to review and revision 

9 in accordance with— 

10 (i) this Act; 

11 (ii) the National Forest Management 

12 Act of 1976 (16 U.S.C. 1600 et seq.); and 

13 (iii) other applicable laws. 

14 (2) CONSULTATION AND COORDINATION.—The 

15 Secretary shall prepare and revise the management 

16 plan under paragraph (1)— 

17 (A) in consultation with— 

18 (i) the State; 

19 (ii) units of local government; 

20 (iii) the public; 

21 (iv) the Council; and 

22 (v) the Native Fish Monitoring and 

23 Recommendation Team, as described in 

24 section 402(b)(1); and 


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1 (B) in coordination with the Secretary of 

2 the Interior, with respect to the development of 

3 the separate management plan for the Con4 servation Area, as described in section 102(c). 

5 (3) RECOMMENDATIONS.—In preparing and re6 vising the management plan under paragraph (1), 

7 the Secretary shall take into consideration any rec8 ommendations from the Council. 

9 (4) TREATY RIGHTS.—In preparing and revis10 ing the management plan under paragraph (1), tak11 ing into consideration the rights and obligations de12 scribed in section 402, the Secretary shall ensure 

13 that the management plan does not alter or dimin14 ish— 

15 (A) the treaty rights of any Indian Tribe; 

16 (B) any rights described in the Colorado 

17 Ute Indian Water Rights Settlement Act of 

18 1988 (Public Law 100–585; 102 Stat. 2973); 

19 or 

20 (C) the operation or purposes of the Dolo21 res Project. 

22 (d) INCORPORATION OF ACQUIRED LAND AND IN23 TERESTS.—Any land or interest in land located within the 

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1 quired by the United States in accordance with section 

2 401(c) after the date of enactment of this Act shall— 

3 (1) become part of the Special Management 

4 Area; and 

5 (2) be managed as provided in this section. 

6 TITLE III—TECHNICAL MODI7 FICATIONS TO POTENTIAL 

8 ADDITIONS TO NATIONAL 

9 WILD AND SCENIC RIVERS 

10 SYSTEM 

11 SEC. 301. PURPOSE. 

12 The purpose of this title is to release portions of the 

13 Dolores River and certain tributaries from designation for 

14 potential addition under the Wild and Scenic Rivers Act 

15 (16 U.S.C. 1271 et seq.) or from further study under that 

16 Act. 

17 SEC. 302. RELEASE OF DOLORES RIVER STUDY AREA. 

18 Section 5(a)(56) of the Wild and Scenic Rivers Act 

19 (16 U.S.C. 1276(a)(56)) is amended by inserting ‘‘and the 

20 segments of the Dolores River located in the Dolores River 

21 National Conservation Area designated by the Dolores 

22 River National Conservation Area and Special Manage23 ment Area Act’’ before the period at the end. 


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1 SEC. 303. APPLICABILITY OF CONTINUING CONSIDERATION 

2 PROVISION. 

3 Section 5(d)(1) of the Wild and Scenic Rivers Act 

4 (16 U.S.C. 1276(d)(1)) shall not apply to— 

5 (1) the Conservation Area; or 

6 (2) the Special Management Area. 

7 TITLE IV—GENERAL 

8 PROVISIONS 

9 SEC. 401. MANAGEMENT OF COVERED LAND. 

10 (a) MOTORIZED VEHICLES.— 

11 (1) IN GENERAL.—Except in cases in which 

12 motorized vehicles are needed for administrative pur13 poses or to respond to an emergency, the use of mo14 torized vehicles in the covered land shall be per15 mitted only on designated routes. 

16 (2) ROAD CONSTRUCTION.—Except as nec17 essary for administrative purposes, protection of 

18 public health and safety, or providing reasonable ac19 cess to private property, the Secretary shall not con20 struct any permanent or temporary road within the 

21 covered land after the date of enactment of this Act. 

22 (b) WITHDRAWALS.—Subject to valid existing rights, 

23 all public land within the covered land, including any land 

24 or interest in land that is acquired by the United States 

25 within the covered land after the date of enactment of this 

26 Act, is withdrawn from— 


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1 (1) entry, appropriation or disposal under the 

2 public land laws; 

3 (2) location, entry, and patent under the mining 

4 laws; and 

5 (3) operation of the mineral leasing, mineral 

6 materials, and geothermal leasing laws, except as 

7 provided in section 102(e). 

8 (c) WILLING SELLERS.—Any acquisition of land or 

9 interests in land under this Act shall be only by purchase 

10 from willing sellers, donation, or exchange. 

11 (d) GRAZING.—The Secretary shall issue and admin12 ister any grazing leases or permits and trailing permits 

13 and administer allotments in the covered land in accord14 ance with the laws (including regulations) applicable to the 

15 issuance and administration of leases and permits on other 

16 land under the jurisdiction of the Bureau of Land Man17 agement or Forest Service, as applicable. 

18 (e) ACCESS TO PRIVATE LAND.—To ensure reason19 able use and enjoyment of private property (whether in 

20 existence on the date of enactment of this Act or in an 

21 improved state), the Secretary shall grant reasonable and 

22 feasible access through the covered land to any private 

23 property that is located within or adjacent to the covered 

24 land, if other routes to the private property are blocked 


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1 by physical barriers, such as the Dolores River or the cliffs 

2 of the Dolores River. 

3 (f) EASEMENTS.—The Secretary may lease or ac4 quire easements on private land from willing lessors, do5 nors, or sellers for recreation, access, conservation, or 

6 other permitted uses, to the extent necessary to fulfill the 

7 purposes of the Conservation Area or Special Management 

8 Area, as applicable. 

9 (g) WILDFIRE, INSECT, AND DISEASE MANAGE10 MENT.—The Secretary may take any measures that the 

11 Secretary determines to be necessary to control fire, in12 sects, and diseases in the covered land, (including, as the 

13 Secretary determines to be appropriate, the coordination 

14 of the measures with the State or a local agency). 

15 (h) MANAGEMENT OF PONDEROSA GORGE.— 

16 (1) IN GENERAL.—The Secretary shall manage 

17 the areas of the Conservation Area and Special Man18 agement Area identified on the Map as ‘‘Ponderosa 

19 Gorge’’ in a manner that maintains the wilderness 

20 character of those areas as of the date of enactment 

21 of this Act. 

22 (2) PROHIBITED ACTIVITIES.—Subject to para23 graph (3), in the areas described in paragraph (1), 

24 the following activities shall be prohibited: 


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1 (A) New permanent or temporary road 

2 construction or the renovation of nonsystem 

3 roads in existence on the date of enactment of 

4 this Act. 

5 (B) The use of motor vehicles, motorized 

6 equipment, or mechanical transport, except as 

7 necessary to meet the minimum requirements 

8 for the administration of the Federal land, to 

9 protect public health and safety, or to conduct 

10 ecological restoration activities to improve the 

11 aquatic habitat of the Dolores River channel. 

12 (C) Projects undertaken for the purpose of 

13 harvesting commercial timber (other than ac14 tivities relating to the harvest of merchantable 

15 products that are byproducts of activities con16 ducted for ecological restoration or to further 

17 the purposes of this Act). 

18 (3) UTILITY CORRIDOR.—Nothing in this sub19 section affects the operation, maintenance, or loca20 tion of the utility right-of-way within the corridor, as 

21 depicted on the Map. 

22 (i) EFFECT.—Nothing in this Act prohibits the Sec23 retary from issuing a new permit and right-of-way within 

24 the covered land for a width of not more than 150 feet 

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1 ence on the date of enactment of this Act, on the condition 

2 that the Secretary shall relocate the right-of-way in a 

3 manner that furthers the purposes of this Act. 

4 (j) CLIMATOLOGICAL DATA COLLECTION.—Subject 

5 to such terms and conditions as the Secretary may re6 quire, nothing in this Act precludes the installation and 

7 maintenance of hydrologic, meteorological, or climato8 logical collection devices in the covered land if the facilities 

9 and access to the facilities are essential to public safety, 

10 flood warning, flood control, water reservoir operation ac11 tivities, or the collection of hydrologic data for water re12 source management purposes. 

13 SEC. 402. PROTECTION OF WATER RIGHTS AND OTHER IN14 TERESTS. 

15 (a) DOLORES PROJECT.— 

16 (1) OPERATION.—The Dolores Project and the 

17 operation of McPhee Reservoir shall continue to be 

18 the responsibility of, and be operated by, the Sec19 retary, in cooperation with the Dolores Water Con20 servancy District, in accordance with applicable laws 

21 and obligations. 

22 (2) EFFECT.—Nothing in this Act affects the 

23 Dolores Project or the operation of McPhee Res24 ervoir, in accordance with— 

25 (A) the reclamation laws; 


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1 (B) any applicable— 

2 (i) Dolores Project water contract, 

3 storage contract, or carriage contract; or 

4 (ii) allocation of Dolores Project 

5 water; 

6 (C) the environmental assessment and 

7 finding of no significant impact prepared by the 

8 Bureau of Reclamation Upper Colorado Region 

9 and approved August 2, 1996; 

10 (D) the operating agreement entitled ‘‘Op11 erating Agreement, McPhee Dam and Res12 ervoir, Contract No. 99–WC–40–R6100, Dolo13 res Project, Colorado’’ and dated April 25, 

14 2000 (or any subsequent renewal or revision of 

15 that agreement); 

16 (E) mitigation measures for whitewater 

17 boating, including any such measure described 

18 in— 

19 (i) the document entitled ‘‘Dolores 

20 Project Colorado Definite Plan Report’’ 

21 and dated April 1977; 

22 (ii) the Dolores Project final environ23 mental statement dated May 9, 1977; or 

24 (iii) a document referred to in sub25 paragraph (C) or (D); 


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1 (F) applicable Federal or State laws relat2 ing to the protection of the environment, includ3 ing— 

4 (i) the Endangered Species Act of 

5 1973 (16 U.S.C. 1531 et seq.); 

6 (ii) the National Environmental Policy 

7 Act of 1969 (42 U.S.C. 4321 et seq.); and 

8 (iii) the Federal Water Pollution Con9 trol Act (33 U.S.C. 1251 et seq.); and 

10 (G) the Colorado Ute Indian Water Rights 

11 Settlement Act of 1988 (Public Law 100–585; 

12 102 Stat. 2973). 

13 (b) MANAGEMENT OF FLOWS.— 

14 (1) IN GENERAL.—In managing available flows 

15 below McPhee Dam to conserve, protect, and en16 hance the resources described in sections 101(b) and 

17 201(b) of the Dolores River within the covered land, 

18 including native fish and whitewater boating re19 sources, the Secretary shall seek to provide regular 

20 and meaningful consultation and collaboration with 

21 interested stakeholders, including the Native Fish 

22 Monitoring and Recommendation Team, which in23 cludes water management entities, affected counties, 

24 conservation interests, whitewater boating interests, 


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1 Colorado Parks and Wildlife, and the Ute Mountain 

2 Ute Tribe, during the process of decisionmaking. 

3 (2) ANNUAL REPORT.—Beginning on the date 

4 that is 1 year after the date of enactment of this Act 

5 and annually thereafter, the Commissioner of Rec6 lamation shall prepare and make publically available 

7 a report that describes any progress with respect to 

8 the conservation, protection, and enhancement of na9 tive fish in the Dolores River. 

10 (c) WATER RESOURCE PROJECTS.— 

11 (1) IN GENERAL.—Subject to valid existing 

12 rights and paragraph (2), after the date of enact13 ment of this Act, the Secretary or any other officer, 

14 employee, or agent of the United States may not as15 sist by loan, grant, license, or otherwise in the con16 struction or modification of any water resource 

17 project— 

18 (A) located on the covered land that 

19 would— 

20 (i) affect the free-flowing character of 

21 any stream within the covered land; or 

22 (ii) unreasonably diminish the re23 source values described in sections 101(b) 

24 and 201(b) of the Dolores River within the 

25 covered land; or 


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1 (B) located outside the covered land that 

2 would unreasonably diminish the resource val3 ues described in sections 101(b) and 201(b) of 

4 the Dolores River within the covered land. 

5 (2) LIMITATIONS.—Subject to the requirements 

6 of this section, nothing in paragraph (1)— 

7 (A) prevents, outside the covered land— 

8 (i) the construction of small diversion 

9 dams or stock ponds; 

10 (ii) new minor water developments in 

11 accordance with existing decreed water 

12 rights; or 

13 (iii) minor modifications to structures; 

14 or 

15 (B) affects access to, or operation, mainte16 nance, repair, or replacement of, existing water 

17 resource projects. 

18 (d) EFFECT.—Nothing in this Act— 

19 (1) affects— 

20 (A) any water right that is— 

21 (i) decreed under the laws of the 

22 State; and 

23 (ii) in existence on the date of enact24 ment of this Act; 


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1 (B) the use, allocation, ownership, or con2 trol, in existence on the date of enactment of 

3 this Act, of any water or water right; 

4 (C) any vested absolute or decreed condi5 tional water right in existence on the date of 

6 enactment of this Act, including any water 

7 right held by the United States; 

8 (D) any interstate water compact in exist9 ence on the date of enactment of this Act; or 

10 (E) State jurisdiction over any water law, 

11 water right, or adjudication or administration 

12 relating to any water resource; 

13 (2) imposes— 

14 (A) any mandatory streamflow require15 ment within the covered land; or 

16 (B) any Federal water quality standard 

17 within, or upstream of, the covered land that is 

18 more restrictive than would be applicable if the 

19 covered land had not been designated as the 

20 Conservation Area or Special Management Area 

21 under this Act; or 

22 (3) constitutes an express or implied reservation 

23 by the United States of any reserved or appropria24 tive water right within the covered land. 


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1 SEC. 403. EFFECT ON PRIVATE PROPERTY AND REGU2 LATORY AUTHORITY. 

3 (a) EFFECT.—Nothing in this Act— 

4 (1) affects valid existing rights; 

5 (2) requires any owner of private property to 

6 bear any costs associated with the implementation of 

7 the management plan under this Act; 

8 (3) affects the jurisdiction or responsibility of 

9 the State with respect to fish and wildlife in the 

10 State; 

11 (4) requires a change in or affects local zoning 

12 laws of the State or a political subdivision of the 

13 State; or 

14 (5) affects— 

15 (A) the jurisdiction over, use, or mainte16 nance of county roads in the covered land; or 

17 (B) the administration of the portion of 

18 the road that is not a county road and that is 

19 commonly known as the ‘‘Dolores River Road’’ 

20 within the Conservation Area, subject to the 

21 condition that the Secretary shall not improve 

22 the road beyond the existing primitive condition 

23 of the road. 

24 (b) ADJACENT MANAGEMENT.— 

25 (1) NO BUFFER ZONES.—The designation of 

26 the Conservation Area and the Special Management 


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1 Area by this Act shall not create any protective pe2 rimeter or buffer zone around the Conservation Area 

3 or Special Management Area, as applicable. 

4 (2) PRIVATE LAND.—Nothing in this Act re5 quires the prohibition of any activity on private land 

6 outside the boundaries of the Conservation Area or 

7 the Special Management Area that can be seen or 

8 heard from within such a boundary. 

9 SEC. 404. TRIBAL RIGHTS AND TRADITIONAL USES. 

10 (a) TREATY RIGHTS.—Nothing in this Act affects the 

11 treaty rights of any Indian Tribe, including rights under 

12 the Agreement of September 13, 1873, ratified by the Act 

13 of April 29, 1874 (18 Stat. 36, chapter 136). 

14 (b) TRADITIONAL TRIBAL USES.—Subject to any 

15 terms and conditions as the Secretary determines to be 

16 necessary and in accordance with applicable law, the Sec17 retary shall allow for the continued use of the covered land 

18 by members of Indian Tribes— 

19 (1) for traditional ceremonies; and 

20 (2) as a source of traditional plants and other 

21 materials. 

Æ 


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