Purgatoire River FOIA Documents Disclose Study Issues
- Anne Boswell Taylor
- 1 day ago
- 6 min read
by Norman Kincaide
A Freedom of Information Act (FOIA) request granted by the Pike National Forest and Cimarron and Comanche National Grassland (CCNG) in reference to the revised CCNG Management Plan and Draft Assessment on September 2, 2025 by Norman Kincaide of Rocky Ford, CO, has provided an initial document drop.
On February 2, 2026, Gregory Berquist, Forest Service, desired further clarification of the FOIA search as too many error messages compromised document capture. As a result of refined search criteria, Norman Kincaide received a USFS FOIA document drop notice via email on March 25, 2026, with a link to a document index labeled: 2025-FS-R2-09429-F-Kincaide 1; this link is available to the public via Western Region Property Rights Coalition Website.
The document index has seven primary files, in which sub-files and documents are listed: Wilderness and Wild & Scenic River, 105 files; Public Engagement, 20; Project Management, 12; Internal Communications, 2; Tribal Engagement, 57; Monitoring, 3; and References, 521 files. Thus far, no primary or sub-file relates specifically to Comanche Grassland Allotment Owners or Grazing Associations.
Of particular interest are files related to the Purgatoire River Wild and Scenic River eligibility studies. Wild & Scenic River eligibility must be pursued as per statute within the 2012 USFS Planning Rule concerning Resource Management Plan revisions. A 2009 report, Evaluation of Potential Wild and Scenic Rivers (W&SR) within the Pike and San Isabel National Forests, Cimarron, and Comanche National Grasslands states: “Any wild and scenic river recommendation arising through the Plan revision process will be considered a preliminary recommendation. This administrative recommendation may receive further review and possible modification by the Chief of the Forest Service, Secretary of Agriculture, and the President of the United States. The Congress has reserved the authority to make final decisions on wild and scenic river designations.”
To be eligible for W&SR designation within the National System, a river must be free flowing and have at least one Outstandingly Remarkable Value (ORV). Free flowing in the Act is defined as “existing or flowing in a natural condition without impoundments, diversions, straightening, rip-rapping, or other modifications of the waterway. The existence of low dams, diversion works, or other minor structures at the time any river is proposed for inclusion in the National System does not automatically disqualify it for designation, but future construction of such structures is not permitted.”
“A river corridor need exhibit only one ORV for the following river-related attributes to be determined eligible for inclusion in the WSR system”: scenic, recreational, geological, fish, wildlife, prehistoric, historic, and other values. The primary process to establish W&SRs is through studies by federal land management agencies, which then present recommendations to Congress. This process requires three determinations before a river can be included in the National System: eligibility, classification, and suitability.
“The most important provision of the Act is protecting rivers from the harmful effects of water resources projects. To protect free-flowing character the Federal Energy Regulatory Commission is not allowed to license construction of dams, water conduits, reservoirs, powerhouses, transmission lines, or other project works on or directly affecting W&SRs.”
Under Eligible Segment and Potential Classification: “The Purgatoire River has outstandingly remarkable paleontological, historic, and fisheries values and has been determined to possess a free-flowing nature. Therefore, the approximately 16-mile stretch of river located in the Northern Parcel of Picket Wire Canyonlands is deemed eligible for inclusion in the National Wild and Scenic River System. The potential classification of this eligible river under the Wild and Scenic Rivers Act is – Recreational.”
The Forest Service published Cimarron and Comanche National Grasslands Wild and Scenic Rivers Eligibility Studies Report, May 2025. This study found the Purgatoire River was the only water course eligible for W&SR designation within the study area. This report does not cite the 2009 Report Draft referenced above, that came to a more detailed conclusion, again citing the Purgatoire River is free flowing. The 2009 Study further states: “The Purgatoire River is a tributary to the Arkansas River and has been documented to be fish bearing for those river reaches within the Comanche boundary. The Purgatoire River is one of three perennial flowing tributaries on the Comanche. Other than Timpas Creek, this river system has the most diverse fish fauna, offers the most intact desired functioning aquatic habitat on the Comanche, and so can be considered a stronghold for these species.”
A Wild and Scenic River Evaluation Work Sheet for the Purgatoire River indicated fish values for population and habitat were found with diversity of species, wild stocks presence, species of conservation concern, state listed threatened or endangered species.
The following apply to the Purgatoire River fish habitat: exemplary habitat for threatened and endangered species and indigenous wild stocks, high quality, rare and unique habitats for indigenous species. “The Purgatoire River is the largest waterbody on the Comanche National Grassland, and one of the few stream systems in the region to have perennial flow. Despite the upstream impoundment by Trinidad Reservoir, the Purgatoire River maintains a flashy and variable flow regime with persistent base flow and high peak flows (Bestgen et al. 2017).” The work sheet concluded the Purgatoire River meets Outstandingly Remarkable Values for fish.
These conclusions were reached based upon a Fish OVR Process Summary. Under Course Filter for fish habitat were cited, “a summary report on Comanche National Grasslands Fisheries provided by Colorado Parks and Wildlife, 2024 and scientific literature on Great Plains fish assemblages in the vicinity of the plan area (Bestgen et al. 2017) (Hargett, et al. 1999). If any of these sources documented fish population or habitat values in a stream, the segment was identified as a “yes” in the coarse-filter evaluation and carried forward for further fine-filer evaluation.”
Fine Filter sources for fish were: “technical conservation assessments (Rahel and Thel 2005), recovery plans for Federally listed Threatened or Endangered species (FWS 2023), information from state agencies (Kansas Department of Wildlife & Parks 2024, Colorado Parks and Wildlife 2024), scientific literature (Bestgen et al. 2017)(Hargett, et al. 1999) and the Wild and Scenic Rivers Evaluation Species Data (USFS 2025).”
Course Filter evaluation strategy was discussed on February 5, 2025; the list of attendees does not indicate whether USFS staff or contractors. “Specialists are to work through the course filter questions for each river and ORV category that has been assigned. This data will be the foundation for the fine filter portion of the analysis that will be conducted with the local unit . . . These criteria are broad and can help us to identify values that may be considered unique, rare, or exemplary. Water Resources Report is here and it outlines perennial [sic] water. There is interest in understanding where exactly perennial water exists. With perennial water, opportunities for a Recreation Value (and possibly others), may be increased. We will attempt to attribute the data with this information.” If the Purgatoire River was “free flowing,” why the “interest in understanding where exactly perennial water exists?”
The Forest Service responded to the following comment, date unknown: “How would changes in the Wild and Scenic River Designation of the Purgatoire River Change current land use?” “If the Purgatoire [sic] River were found to be an eligible wild and scenic river, it would likely have a scenic or recreational classification, which has less restrictions than a wild classification. It would be managed under interim protection measures in addition to the Picket Wire Canyonlands Paleontological Area Management Plan for the portions where the river is within the paleontological area.”
Does the above statement mean W&SR designation without “free flowing” criteria? How was the data manipulated to reach a favorable fish habitat conclusion for the Purgatoire River? The study conclusions that the Purgatoire River is perennially free flowing collides with reality that it can be dry for weeks at a time and is dependent upon releases from the Trinidad State Lake. How can allotment owners and interested individuals make informed and reasoned official comments based on flawed studies pertaining to W&SR designation process and the CCNG Management Plan?
Sources
Evaluation of Potential Wild and Scenic Rivers (W&SR) within the Pike and San Isabel National Forests, Cimarron and Comanche National Grasslands Draft, November 13, 2009, pp. 5-9, 30-31.
Cimarron and Comanche National Grasslands Wild and Scenic Rivers Eligibility Studies Report, May 2025, pp. 2, 12-13.
Wild and Scenic River Evaluation Work Sheet, pp. 1-3.
Keats Conley, February 27, 2025, Fish OVR Process Summary.
CCNG WWSR Agenda Notes, February 5, 2025
Comment Response Purgatoire River W&C Designation.
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