Letter April 11 2008 Concerning Comments of the SOuthwester Water Conservation District in response to Notice of Availability of Draft San Juan Public Lands Land Management Plan and Draft Envrionmental Impact Statement

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April 11, 2008 Page 10 A fourth "stick ", Draft Plan, Volume 2, p. 107, statement C. 9, states that the SJPLC will seek water rights for "fisheries" protection when only the CWCB may appropriate instream flow rights in Colorado. The statement violates the "Four Cornerstones" policy set out below. A fifth "stick ", Draft Plan, Volume 2, p. 253, statement B, suggests that the SJPLC will require "conservation pools ", although this proposal violates federal agency recognition of state supremacy in water rights allocations. Under the GMUG National Forest Pathfinder process, it was recognized that the Forest would not "take" water rights. Any dedication of a water right for a reservoir needs to come from a willing "seller ", with appropriate payment or federal agency participation in a reservoir's development only with federal cost sharing. E. The Draft Plan is Inconsistent with Other Forest Plans in Colorado. The Department of Agriculture ( "Department ") has recognized that water and habitat related standards in land management plans must be consistent among forests. See Discretionary Review Decision on the Chief's Appeal Decision Regarding the White River National Forest Revised Land and Resource Management Plan ( "White River Review Decision ") at 9. The White River Review Decision recognizes "Four Cornerstones" for managing water resources on the National Forests summarized as: eThe Department respects the authority of States to allocate water available for appropriation, and to manage water quality under the Clean Water Act. *The Department respects valid, existing rights. *The Forest Service is responsible for managing water uses on National Forest System lands consistent with both State and federal law, as required under the Organic Administration Act of 1897, the Multiple Use Sustained Yield Act of 1960, and the Federal Land Policy and Management Act. •Water resource management objectives on National Forest System lands will be managed through cooperation with States, other federal agencies, tribal governments, local government, holders of valid water rights, and other interested parties, rather than through unitary regulatory action on the part of the Forest Service. In reliance upon these "Four Cornerstones" and the Forest Service MOU with the State of Colorado regarding the management of water resources on National Forest System Lands, the Department has determined that water standards for national forest "shall be unambiguous, achievable, and avoid conflict between federal and State law to the maximum extent practicable." Id. at 10 -11.