BOARD00355

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

DRAFT

HOUSE JOINT RESOLUTION 03-

ByREPRESENTATlVES ; .nd
.lso SENATORS

CONCERNING UNITED STATES FOREST SERVICE TREATMENT OF
WATER RIGHTS ON NATIONAL FOREST LANDS IN COLORADO,

WHEREAS, The United States Department of Agriculture, Forest Service recently filed an errata
to the 1997 revision ofthe Arapaho-Roosevelt National Forest Management Plan which for the first
time includes direction to impose bypass flows for scenic, aesthetic and recreational purposes; and

WHEREAS, the Forest Service recently asserted the right to impose a bypass flow requirement
upon the owner of an existing water supply facility in the San Juan National Forest; and

WHEREAS, at a May 22,2001 hearing of the House Resources Subcommittee on Forests and
Forest Health exploring the legality and efficacy of federal bypass flows, Randle Phillips, Deputy
Chief for Program and Legislation, testified that the Forest Service, would follow "the principles of
the Madigan letter," a policy that promotes collaboration with state and local water users to protect
minimum flows of streams and rivers, and

WHEREAS, The White River National Forest pUblished its Draft Forest Management Plan in 1999
which included a direction to impose bypass flows on existing water infrastructure upon permit
renewal; and

WHEREAS, The White River National Forest's Draft Forest Management Plan garnered a record
number of comment letters which were prompted in part because of the plan's bypass flow reference;
and

WHEREAS, The Federal Water Rights Task Force dreated pursuant to Section 389(d)(3) ofP.L.
104-127 concluded Congress did not delegate to the U.S. Forest Service the authority necessary to
force water users to relinquish part oftheir existing water supply to the United States as a condition
of permit renewals; and

WHEREAS, Colorado law vests exclusive authoritytp appropriate instream flows for the protection
of the natural environment in the Colorado Water COllservation Board; and

WHEREAS, Colorado law allows the United States Department of Agriculture to cooperate with
the Water Conservation Board to protect instream flows; and

WHEREAS, The Forest Service instead has decided to obtain water under disputed permitting
authorities; and
WHEREAS, These recent actions by the Forest ~ervice only further inflame a federal-state

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