COLORADO WATER CONSERVATION BOARD 102 Columbine Building 1845 Sherman Street Danver, Colorado 80203

July 5, 1973

M E H O R A N D U M

TO: Members, Colorado Water Conservation Board and Colorado Water Congress Advisory Committee.

FROH: Felix L. Sparks, Director.

SUBJECT: Agenda Item No. 3, Board Meeting, July 10-11, 1973 - Consideration and recommendation re S. 702, relating to the establishment of the Flat Tops Wilderness area.

A bill {S. 702) has been introduced into the United States Senate by Senators Dominick and Haskell to designate the Flat Tops area of the White River National Forest in Colorado as a wilderness area. The area referred to in S. 702 contains 212,716 acres and is shown on the small sketch map attached hereto. A large map will be available and placed on display at the board meeting.

Following Senator Dominick's request for recommendations from this board concerning the proposed wilderness area, a committee from the board was appointed to review the matter. This committee consists of board member Si Berthelson and staff members E. c. Hutchinson and Don Percious. A report from that committee has now been received and constitutes the principal basis for this memorandum.

The area known as the "Flat Tops" is part of the White River plateau. According to the Forest Service, the watershed receives some thirty inches of precipitation annually, mostly in the form of snow and yields approximately 1.5 acre-feet of runoff per acre. The North and South Forks of the White River; the Bear-Yampa River, the East Fork of the Williams Fork River and Derby and Sweetwater Creeks have their headwaters in this region.

The dominant physical features of the Flat Tops are the pre­ cipitous and distinctive escarpments that mark the edges of the great volcanic cap that is the Flat Tops. These escarpments are most dis­ tinctive in the area known as the Chinese Wall and the Devil's Causeway dividing the North Fork of the White River and the East Fork of the Williams Fork River. ..

The elevation of the Flat Tops ranges from 10,000 feet to 11,500 feet and drops off to 8,000 feet at the S. 702 boundary. Open grass parks are interspersed with islands of green timber and mature Englemann spruce. There are no known mineralized zones of any economic significance within the S. 702 boundary.

The majority of the land c0mprising S. 702 is Forest Service land. Withdrawn lands of approximately 1,500 acres occupy the Marvine Lakes and Creek area, Trappers Lake and Big Fish Lake. These lands have been withdrawn by the Federal Power Commission and the Bureau of Recla­ mation. However, the Forest Service feels that these withdrawals can be revoked.

There are two tracts Of patented land in the South Fork Canyon comprising 195 acres. Private lands within a wilderness area are con­ formable provided that only adequate access is assured and no mineral interests remain in private hands. The westernmost tract is 90 acres and is undeveloped. The other tract of 105 acres contains several summer cabins and has 8 subdivisions with '7 owners. The owners have been approached. by the Forest Service in the past and indicated that they would be amenable to sale or some kind of trade-off.

In the past, the Forest Service has held that designated wilderness areas should be pristine with no evidence of the works or presence of man. The Wilderness Act of 1964, however, states that wil­ derness is an area that retains its primeval character and is "without permanent impr_ovements or human habitation" and that the "imprint of man's works is substantially "t.:.nnoticeable." Recently, the Chief Forester in Washington has indicated that the Forest Service's prior interpre­ tation of the Act was incorrect.

The Wilderness Act also stipulates that the President may "authorize prospecting for w.J.ter resources, the estnblishment and main­ tenance of reservoirs, water conservation works, power projects, trans­ mission lines and other facilities needed in the public interest." The Act also states that "the grazing of livestock, where established prior to the effective date of the Act, shall be permitted to continue." These statements have a direct bearing on the S. 702 Wilderness proposal.

On October 10, 1966, the Forest Service held hearings in Glenwood Springs on its Flat Tops Wilderness proposal of 153,245 acres. At that time, the Colorado Open Space Council (COSC) proposed that a wilderness area of 230,000 acres be adopted, and the Colorado Game, Fish and Parks Commission proposed an area of 192,055 acres. A statement by

Memorandum -2- July 5, 1973 •

Governor Love at the hearing favored the Forest Service proposal, but suggested that the South Fork of the White River be excluded until water resources studies and evaluations were further advanced.

Individual testimony indicated that 59 percent favored the COSC proposal and 28 percent favored the Forest Service proposal, while testimony from groups indicated that 46 percent favored the Forest Service proposal and 42 percent favored COSC's. All federal and other agencies favored the Forest Service proposal, except the Bureau of Recla­ mation which indicated that additional water resource studies were needed in the South Fork area.

The boundaries of S. 702 are apparently a compromise to include the Forest Service's original proposal as well as most of the areas pro­ posed by COSC. The COSC proposal included those areas recommended by the Colorado Game, Fish and Parks Commission. The Trout-1-iandall Creek area and the Patterson Creek area proposed by COSC were not included.

Both the Rocky Mountain Power Company and the Colorado River Water Conservation District are interested in the South Fork of the White River for construction of hydroelectric facilities. Their proj­ ects are known as the Sweetwater Project and the Flat Tops Project for RHPC and CRWCD, respectively. The CRWCD has been granted a power permit by the Federal Power Commission.

The Sweetwater Project sponsored by RHPC is a vast pumped storage hydroelectric concept that includes a main storage reservoir of 133,000 acre-feet in the Meadows of the South Fork of the White River and another large reservoir downstream from the confluence of Lost Solar Creek of 100,000 acre-feet called the Lost Solar Reservoir. Water would be released to the White River from the Meadows Reservoir and consider­ able water would be diverted to the Colorado River via the Plateau Tunnel. The total system represents a maximum peaking capability in any one cycle of 150,000,000 kilowatt hours. Appropriation date for the Sweetwater Project is December 18, 1957, of some 100,000 acre-feet.

The FPC issued Opinion No. 514 on February 16, 1967, dismissing the license application of the RM.PC. The grounds were that RMPC had not made a sufficient showing of a market for power and the ability of the RHPC to finance the project. RMPC planned to market the power to buyers in Nebraska and Kansas through the Mountain-Midwest Power Pool, a con­ sortium of power companies including Rocky Mountain Power. In effect, then, the Colorado River Watcr ·conservation District has an FPC permit, but Rocky Mountain Power Company has the water rights.

Memorandum -3- July 5, 1973 ...

The Flat Tops Project sponsored by the Colorado River Water Conservation District is also a pumped storage project, with the main storage reservoir of 131,034 acre-feet situated at the Meadows called the Rio Blanco Reservoir. A collection system on Patterson Creek would supply some of the storage water for Rio Blanco Reservoir. Another reservoir located in South Fork Canyon, called South Fork Canyon Res­ ervoir, will store 85,000 acre-feet and will be capable of providing 13,500 kilowatts of pumped storage peaking power in conjunction with a forebay at Crater Lake. Appropriation date for the Flat Tops is October 31, 1961, for some 131,000 acre-feet. The CRWCD received a preliminary permit from the FPC for the Flat Tops Project on December 11, 1972.

Two additional projects involving a reservoir at the South Fork Canyon site are the South Fork Reservoir and Pipeline Project and the Fourteen Mile Reservoir proposed by the Fourteen Mile Land Company. Appropriation dates for the South Fork Reservoir and Pipeline Project and the Fourteen Mile Land Project are September 14, 1964, for some 85,000 acre-feet and June 24, 1964, for 86,000 acre-feet, respectively.

The water to be developed by all these projects is basically the same water and represents an average annual supply of 70,000 to 100,000 acre-feet. The Sweetwater Project {Rocky Mountain Power Company) involves the diversion of water from the White River into the Colorado River above Glenwood Springs.

At this time, it is believed that the White River basin contains the richest deposits of oil shale to be found in western Colo­ rado. The White River basin also contains a considerable amount of coal. If a major oil shale industry eventually gets under way, it appears that the major activity will be in the White River basin. Con­ siderable water supplies will therefore be required. The various water development projects described in this memorandum all involve the con­ struction of water storage and diversion facilities in the Meadows area of the South Fork of the White River. The Meadows area is not included within the boundaries of the wilderness area proposed by S. 702. The headwaters of the South Fork, as well as most of the lower stretches of the stream, would be included in the proposed wilderness area.

It is not entirely clear to us why the central part of the stream as it flows through the Meadows area has been excluded. It is possible that this area has been excluded so as to permit the proposed water development in the Meadows area. If so, this exclusion is self­ defeating insofar as the wilderness area is concerned, in that the

Memorandum -4- July 5, 1973 construction of the proposed water resource projects would greatly alter the natural characteristics of the South Fork as it flows through the western portion of the proposed wilderness area. In addition to greatly altering the natural characteristics of the South Fork as it flows through the proposed wilderness area, the proposed transbasin diversion of water from the White River into the Colorado River raises an important issue concerning the best use of our water resources.

In view of the almost certain development of the oil shale and coal resources of the i1hite River basin, the staff of this board believes that it would be a serious error for the state of Colorado to permit the waters of the White River to be imported into another area. Inbasin use of the waters of the White River can be made below the boundaries of the proposed wilderness area. The staff strongly believes that the waters of the White River should be left there for that purpose. The staff also believes that the exclusion of the Meadows area from the proposed wilderness boundaries is wholly incompatible with the wilderness des­ ignation for the upper and lower reaches of the South Fork.

It is therefore the staff recommendation that this board approve the boundaries of the Flat Tops Wilderness area as proposed in S. 702, with a further recommendation that the Meadows area of the South Fork of the White River be included within the boundaries of the proposed wilderness area.

FLS:mm Enclosures

Memorandum -5- July 5, 1973 930 CONGRESS 1st Session

s. 702

IN THE SENATE OF THE UNITED STATES

February 1, 1973

Mr. Dominick (for himself and Mr. Haskell) introduced the following bill: which was read twice and referred to the committee on Interior and Insular Affairs

A BILL

To designate the Flat Tops Wilderness, Routt and White River National Forests, in the State of Colorado

Be it enacted by the Senate and House of Representa- tives of the United States of America in congress assembled,

That in accordance with subsection 3(b) of the Wilderness

Act of September 3, 1964 (78 Stat. 891), the area classi- fied as the Flat Tops Primitive Area, with the proposed additions thereto and deletions therefrom, as generally de- picted on a map entitled "Flat Tops Wilderness--Proposed," dated December 20, 1972, which is on file and available for public inspection in the office of the Chief, Forest Service,

Department of Agriculture, is hereby designated as the Flat

Tops Wilderness within and as a part of the Routt and White ,,

River National Forests, comprising an area of approximately

212,716 acres.

SEC. 2. As soon as practicable after this Act takes

effect, the Secretary of Agriculture shall file a map and a

legal description of the Flat Tops Wilderness with the

Interior and Insular Affairs Committees of the United States

Senate and the House of Representatives, and such dt::scrip­

tion shall have the same force and effect as if included in

this Act: Provided, however, That correction of clerical and

typographical errors in such legal description and map may

be made.

SEC. 3. The Flat Tops Wilderness shall be administered

by the Secretary of Agriculture in accordance with the pro­

visions of the Wilderness Act governing areas designated

by that Act as wilderness areas, except that any reference

in such provisions to the effective date of the Wilderness

Act shall be deemed to be a reference to the effective date

of this Act. .. -> co O 0 IV 'JJ TE CO ISE 0 IS ICT J I

INDEX MAP WYOMIN G

"""~ NEW MEXICO

A T

R 0 a L ~·I r--~--- I I ~rI ------..J·,------_J I I ~, G A I I ------, I I

~M

I G U N N [\ ______