BOARD00195

• Board Meeting Date: 3/20/2000
• Description: Water Resources and Power Authority Director's Report
• Board Meetings - Doc Type: Memo

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Page 2
White River National Forest Management Plan Comments
Februarv 18, 2000

BYPASS WATER FLOWS OR INSTREAM FLOW RIGHTS:
Page 1-5 under Goall.l0-Water Quantity:
"Provide instream flows that support the achievement and maintenance in perpetuity
of those federal purposes for NFS lands (i.e.. safe drinking water and swimming,
aquatic life and habitat. recreation and aesthetics. and the natural conveyance of
water and sediment) that depend on such flows.
Objective 1.10 - By the end of the plan period acquire instreamflow water
rights or establish instream flow protection measures in special-use authorizations
which protect 10% of all perennial streams."

Since 1973 the State of Colorado has had an exemplary state-administered program for the
protection of the natural environment through its instream flow program which presently includes
more than 1300 instream flow rights on more than 8000 miles of Colorado streams and rivers. Goal
1.10 (Pal!e 1-5) should be rewritten to indicate that the White River National Forest will work with
the Colorado Water Conservation Board to "orovide instream flows wherever such flows are
determined to be beneficial and consistent with the ourooses of the forest. "

Objective 1.10 (page 1-5) is offensive in the extreme in its overt declaration to extort instream flows
through the USFS's special use authorization process. Objective 1.10 (oal!e 1-5) must be rewritten
to delete anv sUl!l!estion that historicallv diverted water will be taken from oublic or orivate entities
throul!h the Forest Service's soecial use. or anv other. oermittinl! orocess. (Also at 2-5, #9; 3-52;
and 3-63.)

Within the White River National Forest there are 31 reservoirs and more than 200 water diversions
with special use permits. These are public and private water-related facilities legally located on
National Forest land, many of which are coming up for permit renewal. Objective 1.10 puts each
of these private property interests at risk of federal taking.

The U.S. Forest Service in other Colorado forests has attempted to impose bypass flow permit
conditions and consequently require that urban and agricultural water users relinquish a portion of
their perfected water supply in order to provide water for the secondary purposes of the National
Forests. If successful, these attempts would have had the effect of reallocating water from senior
water' rights to federal purposes in a manner that is inconsistent with the adjudication and
administration of federal and non-federal water rights in Colorado and would have constituted an
illegal federal instream flow program within the State of Colorado. Such a federal water grab would