BOARD00355

• Board Meeting Date: 3/24/2003
• Description: Forest Service Bypass Flows in Special Use Permits
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Shennan Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

TO:
FROM:
DATE:

Colorado ~ater rlof!yrt:r:I~O}lrd Members
Rod Kuhanch ~ vL-
March 17, 2003

Greg E. Walcher
Executive Director

Rod Kuharich
CWCB Director

RE:

Dan McAuliffe
Deputy Director
Al!:enda Item #27 Forest Service Bvpass Flows in Special Use Permits

. The issue of United States Forest Service (USFS) imposed bypass flows never seems to go away - it
just keeps rearing its "ugly head". As you will recall, the Forest Service recently filed an "errata" of
its 1997 revision of the Arapaho-Roosevelt National Forest Management Plan. The "errata" would
allow, for the first time, bypass flows for scenic, aesthetic and recreational purposes. This issue at
the direction of the Board is being litigated in U.S. District Court.

More recently, the Pagosa Area Water and Sanitation District (District) approached the Forest
Service for a Special Use Permit to construct a pipeline across Forest lands. The proposed project
would involve a pipeline to more efficiently carry District diversions than their existing surface
ditch. The pipeline would basically follow the ditch alignment. In considering the District's request,
the Forest service imposed a 3cfs bypass for the pipeline and also a 3cfs bypass on the original
diversion, which pre-dated the origination of the Forest. The Forest Service stated that, "if the
original ditch is maintained, the 3cfs bypass stipulation should be addressed specific to the existing
facilities, not just the new facility." Due to the need to move quickly with construction of this
facility to serve its customers, the District agreed to the conditions, which may limit its overall
supply.

It is recommended that the Board direct the staff to explore a legal strategy to address this
issue without impairing the program of the District's permit or project. In the past, the "errata",
Water Supply and Storage (Long Draw Reservoir) and other bypass demands have been in Federal
District Court. We recommend the staff, together with the Attorney General, also explore
intervention in State Water Court and report back at the May meeting with recommendation on how
to proceed.

Attachments:
Forest Service Bypass letter to District
Resolution before Colorado General Assembly
Report of Federal Water Rights Taskforce

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