BOARD00208

• Board Meeting Date: 3/16/2004
• Description: ISF Section - Federal Ditch Bill Easements and Associated Bypass Flow Requirements
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board
Department of N amral Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
PAX: (303) 8664474
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

Russell George
Executive Director

To: CWCB Members

Rod Kuharich
CWCB Director

From: Dan Merriman

Dan McAuliffe
Deputy Director

Date: March 8, 2004

Re: Agenda Item 7. March 16-17,2004, Board Meeting. Stream and Lake Protection-
Federal Ditch Bill Easements and Associated Bypass Flow Requirements.

Backl!round

At the Board's November 2003 meeting, Don Schwindt, Board Member from Southwest Colorado,
brought two memos to the Board's attention, which he had received, from Janice Sheftel, Attorney
for the Southwestern Water Conservation District. (Copies of these memos are attached as
Attachment A.) The memos addressed issues regarding Public Law 99-545 commonly known as the
Ditch Bill, One memo provided background on the Ditch Bill and a list of concerns regarding the
Proposed Easement and associated 0& M Plan, The other memo documented the District's efforts
to address this issue with various Forest Service and Department of Agriculture officials and its
frustration due to a lack of response from the federal agencies, The memo went on to request the
Board's assistance in addressing this issue with the Forest Service and suggested two approaches to
resolve the issue.

In response to this request, the Board directed the staff to work with the Attorney General's Office
and Ms, Sheftel to scope-out possible strategies to address this issue. The recommendations from
this group were presented in a staff memo to the Board (Agenda Item 27, dated January 20,2004)
and a memo to the Board from Ms. Sheftel, with the same date, (Copies of these memos are
attached as Attachment B.) The recommendations were basically two fold: first, that a letter be sent
to Rick Cables, Regional Forester for the Rocky Mountain Region, outlining the issue and
recommending the Forest Service undertake a collaborative process with representatives ofthe water
users and the state to resolve the issue, and request that Mr. Cables meet with the Board in March to
discuss the Ditch Bill issuance process; secondly, should no response be received in a timely
manner or if the process does not produce the needed dialogue and results, that the Ditch Bill issue
be taken to Colorado's Congressional delegation and the Department of Agriculture, Deputy

Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning