Wilderness Legislation Threatens Recreation and Private Property

On May 22, 2008, Senator Ken Salazar and Representative John Salazar introduced the Dominguez-Escalante National Conservation Area (NCA) and Wilderness legislation (S 3605 and HR 6162). This measure could affect access to private property, grazing, water, mineral development, hunting and recreation on some 210,677 acres of public land in Mesa, Delta and Montrose counties.

Wilderness designations are generally the most restrictive and limiting of all land management schemes. With very few exceptions, the 1964 Wilderness Act prohibits motorized access and multiple uses of public land. For many years, such restrictions have applied to special and unique alpine environments in Colorado. But in recent years, wilderness designations have been proposed at lower elevations where conflict with existing uses and private property is more likely to occur.

This legislation includes existing roads and trails, power lines, mining claims and private property that has been farmed and ranched for decades. Such ground hardly qualifies as “untrammeled by man” such that wilderness designation is appropriate.

Amazingly, the boundaries of the proposed wilderness would fluctuate with Gunnison river water levels. Rather than locate the wilderness boundary where conflicts with private property and public lands management are certain to occur, this bill should be amended to fix the boundaries to the canyon rims. In fact, this is exactly what the Mesa State Natural Resources and Land Policy Institute’s study and Mesa County Commissioners’ resolution called for. Regardless, careful surveys, mapping and legal descriptions of the proposed wilderness and NCA should occur prior to enactment, rather than after-the-fact.

Existing roads, on both public and private land, should be surveyed and expressly excluded from the wilderness and NCA designations. Unfortunately, this bill almost seems to target private landholdings within the proposed NCA for acquisition if they “enhance the values for which the Conservation Area is established.” While the bill preserves “reasonable access” to private lands within the boundaries of the designations; that term could be open to interpretation. Conditions imposed on access could readily persuade some landowners to become “willing sellers” against their real wishes.

There are also concerns with the legislation’s mandate to protect “the water resources of area streams, based on seasonally available flows, that are necessary to support aquatic, riparian, and terrestrial species and communities.” By what means does this federal legislation purport to accomplish this? The Mesa County Commissioners’ Resolution specifically stated that no federal water right should be granted or implied by the establishment of the NCA.

Designation as wilderness could also lead to restrictions on vehicular access and prohibit outstanding hunting opportunities for desert big horn sheep, trophy mule deer and elk. See Section 7(i) (Where state management of hunting, trapping and fishing on public land is retained only with respect to the Conservation Area – and not the wilderness).

Currently, these public lands are managed for multiple uses. The legislation’s broadly-stated purpose is to protect, “ . . . environmental, biological, wilderness, wildlife, riparian, historical, educational and scenic resources. . .” among others. And the National Conservation Area is to be managed “in a manner that conserves, protects, and enhances” these resources. Section 4(b)(1)(B). Such a mandate could impede multiple uses of these valuable public lands and affect the ability of private landowners to access and manage their own lands.

If you share any of these concerns, please contact Senator Salazar and Representative Salazar and urge them to amend this legislation to preserve multiple uses and access to public and private lands.