23G

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

zero flow result in zero habitat potential.... It is unlikely that viable self -
sustaining fish populations will exist immediately below Long Draw Dam. This
condition persists for approximately 1.2 miles downstream and possibly farther.
Progressing downstream, aquatic habitat conditions improve somewhat as ground
water contributions and tributary inflow occur, but the amount of aquatic habitat
for fish remains marginal. The average size and abundance of trout are reduced
for the entire 2.3 mile section of stream between Long Draw Dam and the Cache
la Poudre River.
(AR -LD at 4593.)
Despite the evidence before him, Supervisor Underwood did not select the
environmentally preferred alternative "because WS SC offered voluntary mitigation toward
meeting Forest Service resource goals in the JOP that reasonably protects NFS lands." (AR -LD
at 4597) (emphasis added). Concerned by the fact that the Long Draw Reservoir is part of an
irrigation water supply upon which many people depend, the Forest Supervisor concluded,
Water uses continue to be a welcome and legitimate use of the public's lands, just
as they have been for decades.... I desire to accept voluntary measures that
reasonably protect resources on public land.... My job is to find a balance
between the use of NFS lands for water facilities and protection of aquatic
resources.
(AR -LD at 4601.)
The Supervisor's ROD goes on to discuss the difficulties WSSC would face in implementing
bypass -flows, including upgrading the outlet works on the Long Draw Dam to operate during the
winter months. Id. ( "WSSC is concerned about the difficult winter access and thinks that is
another reason that winter operation is neither feasible nor safe. ") Finally, the Supervisor
concluded that "[o]ne of the assurances that I have received from WSSC that makes the JOP
acceptable is WSSC's willingness to have the JOP be a condition of the land -use authorization."
Id.
FLPMA itself does not authorize the Supervisor's consideration of the interests of private
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