23G

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

Poudre as a Wild and Scenic River it expressly protected existing water uses, including reservoir
operations.
Inclusion of the designated portions of the Cache la Poudre River in the Wild and
Scenic Rivers System under section 101 of this title shall not interfere with the
exercise of existing decreed water rights to water which has heretofore been
stored or diverted by means of the present capacity of storage, conveyance, or
diversion structures that exist as of the date of enactment of this title, or operation
and maintenance of such structures.
Pub. L. 99 -590, § 102 (1986).
Accordingly, the Court finds that the Forest Service met its obligations pursuant to the Wild and
Scenic Rivers Act.
CONCLUSION
For the reasons stated herein, Plaintiffs' Second, Fifth, Ninth and Thirteenth Claims are
DISMISSED for failure to exhaust administrative remedies; Plaintiff's Motion for Summary
Judgment is GRANTED as to their First Claim for violation of FLPMA, and DENIED as to all
other remaining claims for relief. THEREFORE, it is hereby
ORDERED that the decision of the Forest Service to issue the Long Draw Easement is
REVERSED. This matter is REMANDED to the agency for further consideration in accordance
with its obligations under FLP
DATED this cRS day of April, 2004.
United States District Judge