By-pass Flows on National Forest Lands

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