Technical corrections only. The diff updates the bill's procedural status, including the calendar number and reporting information in the header. No substantive policy changes were made between v1 and v2.
Dolores River National Conservation Area and Special Management Area Act
- Sponsor
- Sen. Bennet, Michael F. [D-CO]
- Committees
- Energy and Natural Resources Committee (primary)
- Last action
- Jul 23, 2026
Bottom line
This bill creates new federal land designations in Colorado to conserve natural resources while explicitly safeguarding existing water rights, tribal rights, and the operation of the Dolores Project.
What it actually does
This bill establishes the Dolores River National Conservation Area (52,872 acres of BLM land) and the Dolores River Special Management Area (15,452 acres of National Forest System land) in Colorado to conserve natural, recreational, and cultural resources. It mandates management plans, creates an advisory council, and explicitly protects existing private water rights, tribal treaty rights, and the operation of the Dolores Project. The bill also removes these river segments from consideration under the Wild and Scenic Rivers Act.
Proponents argue
Supporters argue that the bill strikes a crucial balance between conservation and existing economic activities, protecting significant natural and recreational resources along the Dolores River while unequivocally respecting private property, water rights, and tribal interests. They contend it provides a tailored, long-term, and collaborative management framework for a vital ecological corridor.
Opponents contend
Potential opponents, if any, might argue that the new federal designations, despite explicit protections, could still lead to future restrictions on land use or resource development. Some conservation advocates might also contend that removing the river segments from Wild and Scenic Rivers Act consideration foregoes a higher level of protection.
The bill is moderately detailed but structured logically, allowing an informed reader to grasp its core provisions within a reasonable timeframe.
Sec. 101(a)-(c)
Establishment of Dolores River National Conservation Area
This provision establishes the Dolores River National Conservation Area, encompassing approximately 52,872 acres of Bureau of Land Management land in Colorado. Its primary purpose is to conserve and enhance the native fish, whitewater boating, recreational, scenic, cultural, and ecological resources of the area. The Secretary of the Interior is directed to prepare a detailed map and legal description.
Supporters argue
Supporters argue this designation provides essential, long-term protection for a unique and valuable ecosystem, ensuring its preservation for future generations and supporting local recreation economies.
Critics contend
Some may express concern that federal conservation designations could lead to future restrictions on traditional land uses or resource development, even with explicit carve-outs.
Tradeoffs
Balances the desire for strong conservation with the need to define specific boundaries and management objectives that may impact adjacent land uses.
Sec. 102(a)-(e)
Management Directives for Conservation Area
This section directs the Secretary of the Interior to manage the Conservation Area consistent with this Act and existing federal land laws, allowing only uses aligned with its conservation purpose. It mandates the development of a management plan within three years, requiring extensive consultation with the State, local governments, the public, an Advisory Council, and a Native Fish Monitoring and Recommendation Team. Crucially, it ensures the plan does not alter tribal treaty rights, rights under the Colorado Ute Indian Water Rights Settlement Act, or the operation of the Dolores Project. It also addresses the incorporation of acquired land and the continuation of existing Department of Energy uranium leases.
Sec. 103(a)-(k)
Establishment of Advisory Council
This provision mandates the establishment of a 14-member Dolores River National Conservation Area Advisory Council within one year of enactment. The Council's duty is to advise both the Secretary of the Interior and the Secretary of Agriculture on the preparation, implementation, and monitoring of the management plans for both the Conservation Area and the Special Management Area. Its diverse membership includes representatives from agricultural water users, conservation, recreation, local counties, private landowners, Colorado Parks and Wildlife, grazing permit holders, and Indian Tribes.
Sec. 201(a)-(c)
Designation of Dolores River Special Management Area
This provision establishes the Dolores River Special Management Area, comprising approximately 15,452 acres of Federal land within the San Juan National Forest in Colorado. Its purpose mirrors that of the Conservation Area: to conserve and enhance native fish, whitewater boating, recreational, scenic, cultural, and ecological resources. The Secretary of Agriculture is directed to prepare a detailed map and legal description.
Sec. 302, Sec. 303
Removal of Dolores River Segments from Wild and Scenic Rivers Study
This provision amends the Wild and Scenic Rivers Act to explicitly release segments of the Dolores River located within the newly designated Dolores River National Conservation Area from further study or potential addition to the National Wild and Scenic Rivers System. Additionally, it states that the 'continuing consideration' provision of the Wild and Scenic Rivers Act will not apply to either the Conservation Area or the Special Management Area.
Sec. 401(a)-(j)
General Management Directives for Covered Land
This section outlines general management rules for both the Conservation Area and Special Management Area. Key directives include restricting motorized vehicles to designated routes, prohibiting new permanent or temporary road construction (with exceptions for administrative purposes, public safety, or private access), and withdrawing the land from public land, mining, and mineral/geothermal leasing laws (except for existing DOE leases). It also allows land acquisition only from willing sellers, continues existing grazing permits, ensures access to private land, allows easements, and permits wildfire/insect/disease management. Specific management for 'Ponderosa Gorge' is included to maintain its wilderness character, and climatological data collection is permitted.
Sec. 402(a)-(d)
Safeguarding Water Rights and Dolores Project Operations
This provision explicitly protects the operation of the Dolores Project and McPhee Reservoir under existing laws and agreements. It prohibits federal assistance for new water resource projects within the covered land that would affect free-flowing character or unreasonably diminish resource values, or outside the covered land if they would unreasonably diminish resource values within the covered land (with exceptions for small diversions, minor modifications, and existing projects). Crucially, it states the Act does not affect existing State-decreed water rights, water use/ownership/control, interstate water compacts, or State jurisdiction over water law. It also prohibits mandatory streamflow requirements or more restrictive federal water quality standards, and explicitly disclaims any implied federal reserved water right.
Sec. 403(a)-(b)
Private Property and State/Local Authority Safeguards
This provision affirms valid existing rights, explicitly states that private property owners bear no costs associated with the Act's implementation, and clarifies that the Act does not affect State jurisdiction over fish and wildlife, local zoning laws, or the jurisdiction/use/maintenance of county roads. It also explicitly states that no 'buffer zones' are created around the protected areas, and activities on private land outside the boundaries are not prohibited simply because they can be seen or heard from within.
Sec. 404(a)-(b)
Protection of Tribal Treaty Rights and Traditional Uses
This provision explicitly states that nothing in the Act affects the treaty rights of any Indian Tribe, including rights under the Agreement of September 13, 1873. It also directs the Secretary to allow for the continued use of the covered land by members of Indian Tribes for traditional ceremonies and as a source of traditional plants and materials, subject to necessary terms and conditions.
This provision exempts valid existing Department of Energy (DOE) uranium leases from certain management restrictions (specifically the mineral withdrawal in section 401(b)) and allows them to fulfill their program purposes. Land subject to these leases will only become fully part of the Conservation Area's general management (including mineral withdrawal) if the lease expires and the land is removed from the DOE leasing program. It also explicitly states that the Secretary of Energy is not prevented from extending any such lease.
Sec. 102(e)
Why it matters:This is standard legislative practice to address existing rights or specific federal programs that might otherwise conflict with new land designations. It ensures continuity for an established federal program and avoids potential 'takings' claims.
Case for: Proponents of this carve-out would argue it respects existing federal commitments and economic activities, preventing disruption to ongoing energy resource development while still allowing for future inclusion in the conservation area if leases terminate.
Case against: Environmental advocates might contend that allowing continued uranium leasing, even under existing rights, could pose risks to the conservation values the area is intended to protect, and that the eventual inclusion mechanism is too slow or conditional.
Estimated impact: Allows for the continuation of existing uranium mining activities in specific tracts within the Dolores River National Conservation Area, potentially impacting local economies and environmental conditions in those specific areas.
This provision directs the Secretary to manage the areas identified as 'Ponderosa Gorge' within both the Conservation Area and Special Management Area in a manner that maintains their wilderness character as of the date of enactment. It specifically prohibits new permanent or temporary road construction, renovation of nonsystem roads, and the use of motor vehicles, motorized equipment, or mechanical transport (with exceptions for administration, public health/safety, or ecological restoration). Commercial timber harvesting is also prohibited, though the harvest of merchantable byproducts from ecological restoration is allowed.
Sec. 401(h)
Why it matters:This is a specific, targeted protection for a particularly sensitive and ecologically valuable part of the Dolores River corridor, reflecting a desire to preserve its pristine nature without formally designating it as wilderness, which has its own set of political challenges.
Case for: Proponents would argue that this provision provides a strong, targeted protection for a particularly sensitive and ecologically valuable part of the Dolores River corridor, ensuring its wild qualities are preserved for future generations.
Case against: Some resource users or local governments might express concern that maintaining 'wilderness character' could lead to more restrictive management than other parts of the conservation areas, potentially limiting access or certain types of management activities.
Estimated impact: Applies stricter conservation measures to specific, ecologically sensitive areas within the larger designated lands, impacting future development and access in those zones.