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threatened species. Thanks to state-led efforts, it has nearly recovered to the point of <br /> delisting.5 <br /> Conclusion <br /> The State of Colorado recognizes that laws governing management of National Forests <br /> direct the Forest Service to act to prevent damage to the resource whenever possible and <br /> that they are obligated to protect the aquatic resources of the National Forests. Our interest <br /> lies in working with the Forest Service to do that. While some assert bypass flows are not a <br /> serious issue, seven Western states disagree. Moreover,prevention is nine-tenths of the <br /> cure for the 8,370 permits for which bypass flow controversies could arise. <br /> Where the Forest Service does obtain water for National Forest purposes, it must do so in <br /> priority and respect that water rights are vested property rights. The Forest Manual will not <br /> solve the problems discussed at this hearing. Even with direction from the agency,many <br /> employees at the regional and local levels simple ignore such prescriptions—even if they <br /> come from the Secretary. Accordingly, forest plans should reflect that policy by stating a <br /> strong preference for working with State instream flow laws and voluntary agreements with <br /> water users. <br /> Using strategies that comply with the McCarran Amendment and state water laws, the <br /> Forest Service can both accomplish the purposes of the national forests and enjoy a <br /> cooperative relationship with the states and their water providers. The State has extended <br /> an open invitation to work with the Forest Service to protect our unique and important <br /> environment and we look forward to doing that. Thank you. <br /> 5 Ironically,the ESA may have actually inhibited recovery efforts for the Greenback Cutthroat. Private <br /> waters often provide the most productive habitat for these fish,but landowners have been unwilling to let <br /> the State stock greenbacks on their land because of the looming shadow of the ESA. <br /> 9 <br />