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[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S55-S56]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself and Mr. Kyl):
  S. 40. A bill to designate Fossil Creek, a tributary of the Verde 
River in the State of Arizona, as a component of the National Wild and 
Scenic Rivers System; to the Committee on Energy and Natural Resources.
  Mr. McCAIN. Mr. President, I am pleased to be joined by my colleague, 
Senator Kyl, in reintroducing a bill to designate Fossil Creek as a 
Wild and Scenic River.
  Fossil Creek is a thing of beauty. With its picturesque scenery, lush 
riparian ecosystem, unique geological features, and deep iridescent 
blue pools and waterfalls, this tributary to the Wild and Scenic Verde 
River and Lower Colorado River Watershed stretches 14 miles through 
east central Arizona. It is home to a wide variety of wildlife, some of 
which are threatened or endangered species. Over 100 bird species 
inhabit the Fossil Creek area and use it to migrate between the range 
lowlands and the Mogollon-Colorado Plateau highlands. Fossil Creek also 
supports a variety of aquatic species and is one of the few perennial 
streams in Arizona with multiple native fish.
  Fossil Creek was named in the 1800s when early explorers described 
the fossil-like appearance of creek-side rocks and vegetation coated 
with calcium carbonate deposits from the creek's water. In the early 
1900s, pioneers recognized the potential for hydroelectric power 
generation in the creek's constant and abundant spring fed base-flow. 
They claimed the channel's water rights and built a dam system and 
generating facilities known as the Childs-Irving hydro-project. Over 
time, the project was acquired by Arizona Public Service, APS, one of 
the state's largest electric utility providers serving more than a 
million Arizonans. Because Childs-Irving produced less then half of 1 
percent of the total power generated by APS, the decision was made 
ultimately to decommission the aging dam and restore Fossil Creek to 
its pre-settlement conditions.
  APS has partnered with various environmental groups, federal land 
managers, and state, tribal and local governments to safely remove the 
Childs-Irving power generating facilities and restore the riparian 
ecosystem. In 2005, APS removed the dam system and returned full flows 
to Fossil Creek. Researchers predict Fossil Creek will soon become a 
fully regenerated Southwest native fishery providing a most-valuable 
opportunity to reintroduce at least six threatened and endangered 
native fish species as well as rebuild the native populations presently 
living in the creek.
  There is a growing need to provide additional protection and adequate 
staffing and management at Fossil Creek. Recreational visitation to the 
riverbed is expected to increase dramatically, and by the Forest 
Service's own admission, they aren't able to manage current levels of 
visitation or the pressures of increased use. While responsible 
recreation and other activities at Fossil Creek are to be encouraged, 
we must also ensure the long-term success of the ongoing restoration 
efforts. Designation under the Wild and Scenic Rivers Act would help to 
ensure the appropriate level of protection and resources are devoted to 
Fossil Creek. Already, Fossil Creek has been found eligible for Wild 
and Scenic designation by the Forest Service and the proposal has 
widespread support from surrounding communities. All of the lands 
potentially affected by a designation are owned and managed by the 
Forest Service and will not affect private

[[Page S56]]

property owners. I fully expect that as this measure continues through 
the legislative process, Congress will ensure that funding offsets are 
provided to it and every other spending measure as we work to restore 
fiscal discipline to Washington in a bipartisan manner.
  Fossil Creek is a unique Arizona treasure, and would benefit greatly 
from the protection and recognition offered through Wild and Scenic 
designation.
                                 ______
```