Feds again trying to usurp historic state water rights

• Year: 2001
• Description: Feds again trying to usurp historic state water rights
• Publications - Doc Type: Other

• imposed, if at all,when necessary to maintain or restore a fishery to a river that would otherwise
be too depleted.
In your letter,you referenced the report issued by the Federal Water Rights Task Force to
support the contention that the Forest Service lacks the authority to require by-pass flows.as-a
condition of permit issuance. As you know,three of the seven members of the Task Force
reached the opposite conclusion. In fact,they determined not only that the Forest Service has the
authority to require by-pass flows,but that such requirements are"an important tool for the
agency"in fulfilling its responsibility to protect aquatic resources on national forests lands.
• Also,in the opinion piece,you suggest that Colorado's water court disavowed the use of
bypass flows as a means for protecting forest streams. This is not the case. The water court
denied the Forest Service a federal reserved water right in part based on the water court's opinion
that the forest service could protect its water resources by using its bypass flow authority.
Finally,you and Congressman McInnis suggested that Colorado's instream flow program
provides adequate protection for Colorado's streams. Unfortunately,this is not the case. The
- state program is so constrained and ill-funded that it rarely functions to protect streams suffering
now due to depletions or threatened by future diversions.
Each of the thousands of reservoirs and diversions on National Forest lands alters natural
flows and impacts fish and wildlife habitat both above and below the facility. Many of the
permits for these facilities were first issued before anyone really understood the environmental
cost of dewatering native stream channels. When the Forest Service now considers renewal of
such permits,it has a legal duty to preserve the forest's flow-dependent resources. When
possible,the Forest Service uses other means to protect its water resources,including state-issued
water rights and voluntary arrangements with permittees. But sometimes these other means are
inadequate or unavailable.In these instances,USFS must be allowed to rely on its ability,like
other federal management agencies,to require that some water remain instream as a condition of
permit issuance. •
We urge you to reconsider your opposition to the Forest Service's restrained use of
bypass flow authority. It is a necessary power for preservation of ournatural water resources. As
Colorado's growth increases the pressure on these resources,it is critical that the Forest Service
retain tools to protect our heritage. •
Sincerely,
David Nickum Dan Luecke
Colorado Trout Unlimited Environmental Defense
Steve Glazer Bruce Driver
High Country Citizens Alliance Land and Water Fund of the Rockies
Kirk.Cunningham Pam Eaton
Rocky Mountain Chapter Sierra Club The Wilderness Society - - -
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