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<br />\, , <br /> <br />0005 <br /> <br />.~ t <br /> <br />nonadjustable and one that is permanently and unalterably fixed. <br />(FEIS Sections 3.1.2, pages 3-3 to 3-5; 4.1.2, pages 4-3 to 4-6; <br />Appendix E; and Easement Condition No. 23, Exhibit 4, page 8, <br />attached) <br /> <br />D. The correction of impacts resulting from the existing Homestake <br />Phase I Project. : <br />I <br />This issue is derived from the concerns of individuals about <br />complete diversion and subsequent drying-up of streams affected <br />by Phase I of the project. Prior to the start of construction on <br />Phase II, the mitigation of impacts resulting from Phase I must <br />be initiated. (See Exhibit 4, Easement Condition No. 22, <br />attached.) A major mitigation action will be provision of <br />i nstream flows to Sopri s, Fancy:, French, and East Fork Homestake <br />Creeks. (FEIS Sections 3.1.17,: pages 3-25 to 3-27; 4.1.17, pages <br />4-54 to 4-58) ! <br /> <br />E. Water planning--the suggestion that the Forest Service should <br />conduct water Tannin to identif ossibTe water trades or other <br />water su 0 t10ns w c cou d e a ternatives to t e ro ose <br />ro ects 1n t e u er 0 ora 0 1ver aS1n. <br /> <br />This issue was raised by some individuals commenting on the DEIS. <br />Local governments also submitted comments in this vein and it was <br />raised by several individuals a* the House Subcommittee hearing. <br />The Forest Service and other Feqeral agencies processing <br />applications for land use or other approvals must recognize that <br />the issues involving water development and growth are matters of <br />State and local land use planning. The Forest Service has no <br />jurisdiction or legislative charge to resolve these questions. <br />The Forest Service will not, unQer the guise of responding to a <br />land use application, attempt to use its offices to redeem State <br />and local planning responsibilities. A Federal environmental <br />impact statement is not a subst~tute for State and local land and <br />water use planning. The focus of the Homestake Project EIS is on <br />the application submitted by the Cities for a long term use of <br />National Forest System land. The Forest Service will meet its <br />responsibilities to comply with 'the Federal laws regarding the <br />Cities' application (FEIS Section 1.5.3, pages 1-17, 1-18). We <br />will not attempt to resolve Stat,e or local issues so sensitive <br />that those who are responsible ~ppear to avoid addressing them in <br />the hope that, if left alone they will go away or that Forest <br />Service actions will remove the ineed for action. Once the <br />Federal Government begins to tak'e action on what is rightfully a <br />State and local government responsibility, then the stage is set <br />for continued intervention and erosion of States' rights. The <br />precedent of Federal intervention, once initiated, is hard to <br />reverse. (FEIS Section 1.4, pages 1-11 to 1-15) <br /> <br />4 <br />