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<br />... <br />,~ . ... <br /> <br />January 23,2004 <br />Page 2 of3 <br /> <br />legislation and met with regional U.S, Forest Service officials in August 1999. I have attached <br />copies ofthese letters. <br /> <br />The ad hoc ewe group was told by Regional U.S. Forest Service representatives that we would <br />hear back, probably in October or November of 1999, after the Washington, D.C, U.s, Forest <br />Service office had reviewed an upcoming solicitor's opinion on bypass flows. We have received <br />no response from the U.S. Forest Service in the intervening four years, We were able to obtain <br />the 1999 Solicitor's Opinion only through an FOIA request from the Colorado Attorney <br />General's office, In 2002, Greg Walcher, Executive Director, Colorado Department of Natural <br />Resources, sent another letter to the U.S. Forest Service in Washington, DC, requesting a <br />response on Ditch Bill matters. Mr. Walcher's letter also included the extensive easement <br />comment letters prepared in 1999, but he received no response. I have called appropriate <br />Washington DC U.S. Forest Service representatives over ten times and have not received any <br />retum calls, <br /> <br />In the meanwhile, the U.S. Forest Service, in the San Juan National Forest, has required a 3.0 cfs <br />bypass flow for restoration work in the Dutton Ditch by a client entitled to a Ditch Bill easement. <br />This is just the type of U.S, Forest Service requirement the ad hoc CWC committee was <br />concerned about four years ago. We then asked the CWCB and the Colorado Attorney General's <br />office to assist us in this matter. <br /> <br />To resolve Colorado's Ditch Bill easement issues, we suggest that the U.S. Forest Service begin a <br />collaborative process with a small group of water user stakeholders and representatives from the <br />CWCB and the Colorado Attorney General's office to work jointly to develop acceptable Ditch <br />Bill easements and ditch operation and maintenance documents that are consistent with the Ditch <br />BilL <br /> <br />In addition, I am requesting that the CWCB invite you to appear at its March 16-17, 2004, Board <br />meeting to give the Board a report on the collaborative process the U.S. Forest Service has <br />undertaken with water rights stakeholders to reach a consensus on Ditch bill issues. Your <br />meeting with the Colorado Legislature's Joint Agriculture Committee might also be ,an important <br />opportunity to discuss this process. <br /> <br />We very much appreciate your prompt attention to this matter. <br /> <br />Respectfully submitted, <br /> <br />MAYNES, BRADFORD, SHIPPS & SHEFTEL, LLP <br /> <br />Janice C. Sheftel <br />