09d

• Board Meeting Date: 3/18/2008
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

FEDERAL AND INTERSTATE
DITCH BILL UPDATE - As part of staff's continuing effort to keep the Board informed of the U. S.
Forest Ser~~ice's ("USFS") progress on the issuance of Ditch Bill Easements and related issues, the
information attached to this report as Attachment 9V-05 was provided by Michele O'Connell, USFS. If
you have questions regarding this information, please contact Michele O'Connell at:
Michele O'Connell
USDA Forest Service, Rocky Mountain Region
Group Leader Lands Special Uses
[phone], FAX [phone]
[e-mail]
In response to concerns expressed by the Southwestern Water Conservation District in October 2007,
about the potential imposition of bypass flows in connection with some pending Ditch Bill Easements on
the San Juan Forest, Harris Sherman, Executive Director of the DNR, sent a letter to Rick Cables,
Regional Forester, requesting initiation of consultation between the USFS and the DNR under the April
16, 2004, MOU between the DNR, CWCB and USFS to explore ways to find a mutually acceptable
resolution of this matter. On December 14, 2007, Rick Cables sent a response indicating that the USF5 is
willing to meet to discuss these issues and is ``committed to adhering to the spirit and intent of our 2004
MOU." On February_ 29, 20008, representatives of the USFS, DNR and CWCB met to discuss several
issues, including the issuance of Ditch Bill easements. The USFS has informed CWCB staff that
approximately sixty (60) new easements have been executed by the Regional Forester, and that the USFS
is in the process of posting the decision documents on its website, and returning the easements to the
Forests to send to the easement holders. The USFS anticipates that in processing the remaining
applications, it may encounter situations where diversions dewater stream reaches. In such cases, the
USFS will meet with the State as contemplated by the 2004 MOU. The CWCB and DNR staff; USFS
staff, and representatives of Xcel Energy and the Southwestern Water Conservation District met on
March 6, 2008 to discuss issues related to the issuance of Ditch Bill easements (subsequent to submittal
of this report).
SPECIES CONSERVATION TRUST FUND (SCTF) HEARING -Staff provided testimony
before the Senate Agriculture Committee on February 28th concerning the Board's recommendations for
expenditures from the SCTF this coming fiscal year. (Senate Bill 08-168) This legislation was amended
and passed unanimously out of the Agriculture Committee and was referred to the Appropriation
Committee.
GRAND CANYON TRUST (GCT) v. U.S. BUREAU OF RECLAMATIONAND
COAIAHSSIONER ROBERT JOHNSON -The Grand Canyon Trust claims that Reclamation is
violating the Endangered Species Act (ESA) in their operation of Glen Canyon Dam. The GCT argues
that fluctuating flows harm endangered fish, destroy their critical habitat, and degrade the natural
environment in Grand Canyon National Park and Glen Canyon Natural Recreation Area. The GCT
believes that in 1994, the U.S Fish and Wildlife Service (FWS) determined in an ESA section 7(a)(2)
Biological Opinion on Reclamation's Dam operations that fluctuating flows "jeopardize" the continued
existence of the humpback chub and "adversely modify" humpback chub critical habitat, and that to avoid
jeopardy and adverse modification Reclamation had to operate Glen Canyon Dam under anine-month
steady flow regime called "seasonally-adjusted steady flows." Furthermore, the GCT trust claims
Reclamation has violated ESA section 7(a)(2) by never "consulting" on Glen Canyon's "Annual
Operating Plans." Finally, they claim Reclamation has violated the National Environmental Policy Act
(NEPA) by not subjecting its Annual Operating Plans for Glen Canyon Dam to public environmental
review through an environmental assessment or environmental impact statement. Reclamation was
~3