Three subcommittees exploring ways to protect the Crystal River met in Marble on Monday to share their status and findings after six months of work.
The Crystal River Collaborative Steering Committee split into three subcommittees in March, each focused on evaluating a different method of river protection: a peaking instream flow; an intergovernmental agreement; and a federal Wild & Scenic designation.
Some Crystal Valley residents, along with Pitkin County, have pushed for a Wild & Scenic designation for years as the best way to prevent future dams and diversions. Others, wary of any federal involvement, have balked at the idea, instead proposing different types of protections. But nearly everyone involved agrees that some type of protection is necessary to ensure that one of Colorado’s last free-flowing rivers stays that way.
A peaking instream-flow water right could protect about 25,000 acre-feet of river flows during peak runoff so that that water could not be claimed by a new transbasin diversion or dam project. Committee member Andrew Steininger said the group has hired environmental consultant Brad Johnson to study the issue and write a report on the feasibility of a peaking instream-flow water right on the Crystal. The water right is designed to protect special riparian ecosystems, including plants that need annual floodwaters to survive, and it’s not clear how it would be adapted to the Crystal.
“We are anxiously awaiting Brad’s work, and I think that will really help inform what an avenue might look like,” Steininger said.
Gunnison County Commissioner Liz Smith gave an update on the intergovernmental agreement committee, or IGA. An IGA would include representatives from Gunnison County, Pitkin County, Marble, Colorado River Water Conservation District and West Divide Water Conservancy District. The IGA would have two main goals: Signatories would agree to not support any new reservoir or impoundment of water on the main stem of the Crystal and would agree to oppose in water court any water rights application that would remove water from the Crystal River basin.
Steering committee members agreed that Smith will work on a draft IGA with the local governments, which will be reviewed by the steering committee before the governments sign it.
Wild & Scenic
Members of the subcommittee dedicated to exploring a Wild & Scenic designation said the process is a lot more complicated than they initially thought it would be. The group provided 13 pages of information with many links to additional resources. Every white paper that the group reads and every expert that they talk to generates new questions, said committee member Hattie Johnson.
“One takeaway from this process is that we don’t have a draft to share, we don’t have a formal recommendation,” said committee member Lea Linse. “There is a lot more to this act than a lot of us starting this process realized.”
The U.S. Forest Service first determined in the 1980s that the Crystal River was eligible for designation under the Wild & Scenic Rivers Act, which seeks to preserve rivers with outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic and cultural values in a free-flowing condition. There are three categories under a designation: wild, which are sections that are inaccessible by trail, with shorelines that are primitive; scenic, with shorelines that are largely undeveloped, but are accessible by roads in some places; and recreational, which are readily accessible by road or railroad and have development along the shoreline.
The Crystal could include all three types of designation: wild in the upper reaches of the river’s wilderness headwaters, scenic in the middle stretches and recreational from the town of Marble to the Sweet Jessup canal headgate.
Each river with a Wild & Scenic designation has unique legislation written for it that can be customized to address local stakeholders’ values and concerns.
The teeth of the designation comes from an outright prohibition on federal funding or licensing of any new Federal Energy Regulatory Commission-permitted dam, on the mainstem of the river. A designation would also require review of federally assisted water resource projects.
According to section 7 of the Wild & Scenic Rivers Act, a project requires review when it meets both of the following criteria: it is proposed in the bed or banks of a designated river and it is proposed by a federal agency or it requires some type of federal assistance such as a permit, license, grant or loan. Projects on the bed or banks of a tributary of a designated river stretch also trigger a review when they are proposed by a federal agency or if they require some type of federal assistance such as a permit, license, grant or loan; and are likely to affect a designated river.
Subcommittee members said better understanding how that would play out in the Crystal River basin will require more work.
“The process where the broad and easy questions to answer have been covered, and now we are starting to get into tricky territory where additional facilitated conversations would be important to this group,” said committee member and Pitkin County Commissioner Kelly McNicholas-Kury. “Section 7 is always the sticking point. It’s always the area of the law where the negotiation and the learning and the clear understanding needs to be very intentional.”
There was some disagreement among the group about how fast they should move forward with a draft proposal for Wild & Scenic legislation. Crystal Valley resident Bill Argeros, who favors Wild & Scenic, said the committee’s task was very clear. The group’s charter says they are charged with creating a draft Wild & Scenic legislative proposal and map that protects the community-held values on the Crystal River, while addressing local concerns.
“Draft a proposal — that’s what we need to do, and I think that’s what everybody here is waiting for,” he said. “We need to work on that really hard and as quickly as we can.”
But others cautioned that pushing too fast would be a mistake and that there’s still a lot to learn. Carbondale rancher Bill Fales is familiar with these sometimes-messy community processes; he helped advocate to protect public land from new oil and gas leases in the Thompson Divide. Earlier this year, the Biden administration announced the 20-year withdrawal of nearly 222,000 acres from oil and gas development. The effort eventually paid off, but it took decades of work by ranchers and environmentalists.
“Look at Thompson Divide,” Fales said. “Eight months is premature. Don’t expect to do something this consequential in one year.”
All three subcommittees will continue working, and another meeting of the larger steering committee is scheduled for April.
Editor’s note: This story was updated to reflect that FERC projects aren’t outright prohibited on tributaries and could be allowed if they don’t “invade or unreasonably diminish” certain values.
This story ran in Grand Junction Sentinel, The Aspen Times and the Glenwood Springs Post-Independent.
