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" February 3, 2004 Page 2 00 . legislation and met with regional US, Forest Service officials in August 1999, I have attached copies of these letters. The ad hoc CWC group was told by Regional U,S. Forest Service representatives that we would hear back, probably in October or November of 1999, after the Washington, D,C, U.S. Forest Service office had reviewed an upcoming solicitor's opinion on bypass flows, We have received no response from the US, Forest Service in the intervening four years, We were able to obtain the 1999 Solicitor's Opinion only through an FOIA request from the Colorado Attorney General's office. In 2002, Greg Walcher, Executive Director, Colorado Department of Natural Resources, sent another letter to the U.S. Forest Service in Washington, DC, requesting a response on Ditch Bill matters, Mr, Walcher's letter also included the extensive easement comment letters prepared in 1999, but he received no response. I have called appropriate Washington DC U.S, Forest Service representatives over ten times and have not received any return calls, In the meanwhile, the US. Forest Service, in the San Juan National Forest, required a 3,0 cfs bypass flow for restoration work in the Dutton Ditch by a client entitled to a Ditch Bill easement. It is the client's hope that through negotiations in 2004 this requirement may be eliminated, Bypass flows, however, are just the type of U,S, Forest Service requirement the ad hoc CWC . committee was concerned about four years ago. We then asked the CWCB and the Colorado Attorney General's office to assist us in this matter, To resolve Colorado's Ditch Bill easement issues, we suggest that the US, Forest Service begin a collaborative process with a small group of water user stakeholders and representatives from the CWCB and the Colorado Attorney General's office to work jointly to develop acceptable Ditch Bill easements and ditch operation and maintenance documents that are consistent with the Ditch Bill. In addition, I am requesting that the CWCB invite you to appear at its March 16-17, 2004, Board meeting to give the Board a report on the collaborative process the US, Forest Service has undertaken with water rights stakeholders to reach a consensus on Ditch bill issues. Your meeting with the Colorado Legislature's Joint Agriculture Committee might also be an important opportunity to discuss this process. We very much appreciate your prompt attention to this matter. Respectfully submitted, MAYNES, BRADFORD, SHIPPS & SHEFrEL, LLP /s/ Janice C. Sheftel .