23G

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

(Madigan Policy).
In September of 1993, the cities of Fort Collins and Greeley, Colorado, and WSSC,
submitted a "Proposed Joint Operations for Mainstem Poudre River Flow Enhancement" (JOP)
to the Forest Service, providing for additional flows for the Poudre between December and
March. In November of 1993, pursuant to the National Environmental Protection Act (NEPA),
the Forest Service issued a Draft Environmental Impact Statement (EIS) to evaluate WSSC's
request that its special use permit for operation of Long Draw Reservoir be renewed. The Draft
EIS identified four alternatives for the renewal. Alternative B, identified as the Forest Service's
proposed action, was the issuance of a special use permit without a bypass flow condition, but
with WSSC "voluntarily committing to an operation that would accommodate Forest Plan
resource goals" pursuant to the JOP. This alternative did not provide for any stream flow in La
Poudre Pass Creek during the winter months.
Alternative C, the "Environmentally Preferred Alternative," was the issuance of a special
use permit with a requirement for minimum bypass flows that would mimic the natural flow of
La Poudre Pass Creek. Not only did Plaintiffs urge the agency to select Alternative C and object
to Alternative B, the Regional Administrator for EPA Region VIII commented that "EPA has
Environmental Objections to the proposed Alternative B since it does not impose terms and
conditions requiring new bypass and replacement flows necessary to protect aquatic habitat as
required by FLPMA." (AR -LD at 1144.) The Park Service also recommended that the Forest
Service require "instream flows during the winter season for La Poudre Pass Creek below Long
Draw Reservoir." (AR -LD at 711.) The Forest Service's own interdisciplinary team
recommended that the Forest Service adopt Alternative C, stating that this alternative "is the only
-4-