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By-pass Flows on National Forest Lands
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By-pass Flows on National Forest Lands
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Last modified
5/30/2012 2:10:44 PM
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11/1/2011 2:57:06 PM
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Year
2001
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Statement of Kent Hoslinger Assistant Director Colorado Department of Natural Resources By-pass Flows on National Forest Lands United States House of Representatives Subcommittee on Forests and Forest Health Subcommittee on Water and Power May 22, 2001
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Unfortunately, at this time, only one agreement between the CWCB and the Forest <br /> Service has been signed utilizing the tools provided by SB-91.4 [[[still???]]]] This <br /> agreement provided the transfer of some of the Forest Service's water rights associated <br /> on Hunter Creek to the CWCB for instream flow purposes. Through these types of <br /> agreements, the CWCB, can address some, if not all, of the instream flow needs of the <br /> Forest Service in the White River National Forest and other national forests in the state. <br /> While some may argue the CWCB does not adequately protect its interests, the Board <br /> aggressively enforces instream flow water rights. The CWCB monitors all of its Instream <br /> flow water rights throughout the state. They rely on existing USGS gages, a network of <br /> satellite gages, and numerous staff gages. In addition, the CWCB coordinates closely <br /> with the Division Engineers' offices to make sure that the Board's water rights are being <br /> administered in priority. If a water right application is determined to injure the Board's <br /> Instream flow water rights, then the staff files a Statement of Opposition. Once a <br /> statement of Opposition is filed, the Board works with the water right applicant to resolve <br /> potential concerns. Then, if terms and conditions can be worked out to protect the <br /> instream flows, they are entered into the Applicant's water right decree. <br /> These terms are entered into the final decree without the need for litigation. Not only <br /> does this ensure full protection of the Board's ISF water rights, but it also streamlines the <br /> process, saving the applicant and the state valuable time and resources. <br /> The State of Colorado recognizes there is room to improve upon these areas. For this <br /> reason, we have urged our congressional delegation to support increased funding the <br /> USGS stream gages and we have entered into agreements with other entities, including <br /> the Colorado chapter of Trout Unlimited, to monitor stream levels. Nevertheless, from <br /> 1977 to the present, the CWCB has filed a total of 694 Statements of Opposition to <br /> protect its instream flow water right appropriations. With regard to the White River <br /> National Forest, the Department of Natural Resources and CWCB have numerous <br /> agreements in Summit County that provide protection for ISF water rights. <br /> The CWCB has initiated several conversations with the Forest Service in an attempt to <br /> develop cooperative efforts for the protection of the environment on forest lands. These <br /> include discussions on potentially transferring water rights with lands the Forest Service <br /> has acquired(via purchase or land exchange) to the CWCB for instream flow purposes. <br /> 4 The Office of General Counsel's opinion is that the Forest Service cannot forfeit a federal property <br /> interest in water to a state agency,like the CWCB,without prior Congressional approval. See"Water for <br /> the National Forests and Grasslands: Instream Flow Strategies for the 21st Century"by the USDA Forest <br /> Service,November 30,2000 at 8. <br /> 5 <br />
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