23G

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

resources." Id.
Ultimately, Forest Supervisor Underwood issued a Record of Decision (ROD) which
granted WSSC a land use authorization for the reservoir including the revised JOP as a
mitigation measure. (AR -LD at 4581- 4607.) The ROD included an amendment to the Forest
Plan to exempt Long Draw from Forest Plan requirements. (Amendment No. 20a, AR -LD at
4615.) In disregarding the comments urging the adoption of Alternative C, Supervisor
Underwood stated that he reached his decision only after "considerable consultation,
deliberation, and reflection upon the proper balance of multiple uses of Federal lands and the
appropriate environmental mitigation ...." (AR -LD at 4599.) Six months after the ROD was
issued, the Forest Service executed a fifty -year water facility easement to WSSC for the use and
operation of the Long Draw Dam and Reservoir expansion area. (AR -LD at 4898 - 4907.)
Plaintiffs challenge these actions.
Plaintiffs' Complaint alleges the following claims for relief: (1) Violation of FLPMA §
505; (2) Violation of National Environmental Policy Act (NEPA) in failing to consider all
reasonable alternatives; (3) Violation of NEPA in failing to include all necessary information in
the EIS; (4) Violation of NEPA in failing to prepare a supplemental EIS discussing the grant of
an easement; (5) Violation of NEPA in failing to prepare a supplemental EIS evaluating the
Forest Plan amendment with sufficient particularity; (6) Violation of NEPA in failing to prepare
a supplemental EIS evaluating the May 18, 1994 JOP; (7) Violation of the Forest and Rangeland
Renewable Resources Planning Act (FRRRPA) in exempting certain facilities from substantive
requirements of the Forest Plan; (8) Violation of FRRRPA in failing to ensure that authorization
for use of National Forest system lands be consistent with the Forest Plan; (9) Violation of
-6-