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Board accepts water due-diligence findings; attorney says report unlikely to affect wild and scenic designation
Summary
County accepted water due-diligence findings prepared by the county's contracted water attorney; staff said the report addresses diversion-based uses and likely would not affect wild and scenic designation outcomes, and that the document will be submitted on the county's behalf.
Dolores County commissioners accepted a water due-diligence report prepared by the county’s contracted water attorney and directed staff to file the document as appropriate.
Staff summarized the report and told commissioners it focuses on diversion-based uses from the river rather than in-stream flows; the attorney advised that the findings, as read in this meeting, are unlikely to preclude a wild and scenic designation because they address different legal “buckets.” Commissioners asked whether the filing keeps the county compliant for the typical six-year review cycle; staff indicated the report aligns with previous filings and that the attorney would submit it on the county’s behalf.
A motion to accept the report and related law-and-judgment decree was made and seconded; commissioners voted in favor. Staff said the document was already on file in December and that further signature requirements may be limited because the attorney will submit it for the county.
The discussion noted the distinction between water taken from the river for diversion (uses described in the attorney’s findings) and in-river or recreational considerations; commissioners asked for clarification and were told the report treats those as separate legal topics.
