23G

• Board Meeting Date: 4/30/2004
• Description: 23G
• Board Meetings - Doc Type: Executive Session

law;" and (2) management of public lands in a manner "that will protect the quality of scientific,
scenic, historical, ecological, environmental, air and atmospheric, water resource, and
archeological values; that, where appropriate, will preserve and protect certain public lands in
their natural condition; that will provide food and habitat for fish and wildlife and domestic
animals, and that will provide for outdoor recreation and human occupancy and use[.]" 43 U S.C.
§ 1701(a)(7) &(8).
The evidence in the Administrative Record clearly shows that requiring bypass flows was
the environmentally preferred alternative. Following a comprehensive assessment of the revised
JOP, which was the applicants' attempt to mitigate damage to fish habitat, the Forest Service
found that "the applicants' claims of habitat enhancement in the Cache la Poudre River system
are overstated." (AR -LD at 4483.) More specifically, the Forest Service stated:
Under the JOP, effects to ... Segment 5 of the La Poudre Pass Creek, and to
Segment 6 of the Cache la Poudre River remain unchanged from the existing
condition. As these negative impacts are considered at increasingly larger scales .
.. they become less apparent. However, at the local scale, we believe these are
significant environmental effects that are meaningful from a physical, biological,
and ecological perspective. Effects to [these segments] are not mitigated under
the JOP, but are fully to partially mitigated under Alternative C for a five month
period.
(AR -LD at 4482 -83.)
Additionally, the ROD itself recognized that the "JOP is not as environmentally desirable as
bypass flows" because "[c]rrtical habitat conditions occur during months outside those addressed
in the JOP.... These months are of equal importance to maintaining aquatic habitat." (AR -LD
at 4601.)
Under the current operation of Long Draw Reservoir there are extended periods of
zero or near zero flow below the reservoir from at least October through March or
April, and longer during some years.... The extended periods of zero to near
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