Laserfiche WebLink
<br />rU~\I.1 (.u: <br /> <br />I i:lI <br /> <br />From- <br /> <br />T-031 <br />Maynes, Bradford, Shipps & Sheftel, LLI' <br />Attorneys at Law <br /> <br />P,OOl/OOi H70 <br /> <br />\ <br /> <br />FaANKJl. (SAM) IoUYNES <br />THOMAll H. SlDP" <br />JANIC:11 C. s.e= <br />PA.TIJCIA A. liAU t <br />SAMW.MA~ <br />JOBNB=<lWSPEAR. <br />ll1'EVEN C. BOOO" <br />BYkOlI V.1l1\At>1'01lO (1\lll7-198S) <br />tALso AOMIT'l'ED IN }.JUZONAANIJ NAVAJO NATIoN <br />. ALSO ADMI1TED IN CAuFOvllA., N.IJw MEXIco A.."W UTAH <br /> <br />AsSOOIAns: <br /> <br />L.:R.ANNt: A. 'BB.ZAGY <br /> <br />(970)241.1155 <br />(m)~,.a8Z7- F...CSOOLE <br />j,b<ftel@D1ll$sIlp.",.. <br /> <br />TO: <br /> <br />MEMORANDUM <br /> <br />Don Schwindt, Representative to Colorado Water Conservation Boml ("CWCB") <br />from Southwestern Colorado <br /> <br />FROM: <br /> <br />Janice C. Sheftel, Attorney, Southwestern Water Conservation DistJict <br />("District") <br /> <br />RE: <br /> <br />Ditch Bill Easements <br /> <br />DATE: <br /> <br />November 17, 2003 <br /> <br />The District would like to ask for assistance from the CWCB in resolving issues with the U.S. <br />Forest Service ("USFS") regarding the proposed USFS language for easements '.mder the Ditch <br />Bill, ape!1ll8llent easement guarantee<) to owners ofpre-1976 ilrigation ditches Ed an exception <br />to Special Use Permits under the Federal Land Policy Management Act- <br /> <br />Baek2\'Ound on atteOlDt to reach agreement with the USFS <br /> <br />In 1999, the USFS sent a draft Ditch Bill easement form to water users in the San Juan National <br />forest in Southwestern Colorndo, That easement form, in effect, turned what is to be a <br />pennanent easement into a renewable easement with opportunities for the USPS to extort bypass <br />flows. There were many, many other issues in the easement form which did Dot comport with <br />the language and intent of the Ditch Bill. Water lawyers from throughout the state conferred <br />among themselves under the auspices of the Colorado Water Congress, developed an extensive <br />list of specific easement Changes and llll:t 'with regional USFS officials ir, August 1999. <br />Background on Ditch Blll Easements and. the proposed USFS Ditch Bill ea5etTlent language is <br />attached as Exhibit . A.. <br /> <br />The lawyer's group was told by Regional USFS representatives that we would hear back. <br />probably in OctoberlNovember of 1999, after the Washington, D.C. USFS offi,~e had reviewed <br />an upcoming solicitor's opinion on bypass flows. Only through an FOrA r'~quest from the <br />Colorado Attorney General's office did we receive a copy of the 1999 Solicitor's Opinion. We <br />have heard nothing else in four years. Greg Walcher sent a letter in 2002 to the USPS in <br />WashingtOn, DC. requesting a USPS response on Ditch Bill matters, and included the extensive <br /> <br />WEn llIJILDING-135 liI-ST SECONllAVENl1I!, Stlm! IZ3 <br />'fOST DmCI Box 2:717 <br />D\J1l,ANOO, OJtOJlADO StJOZ-Z7I7 <br />