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<br />. <br /> <br />. <br /> <br />. <br /> <br />relationship that has been strained over this issue; and <br /> <br />WHEREAS, The Forest Service's purported goal in pursuing bypass flows from existing water <br />users can be accomplished through the state program; and <br /> <br />WHEREAS, A bypass flow permit requirement does not constitute a water right under Colorado <br />water law, and <br /> <br />WHEREAS, Water bypassed pursuant to a bypass permit condition can be, and often is, legally <br />diverted by a downstream junior water user before the water even reaches the stretch of stream <br />intended to be benefitted by the bypassed water, and <br /> <br />WHEREAS, Congress has a longstanding policy of deference to state water allocation systems and <br />Colorado has made an effort to promote state-federal cooperation in the previously contentious water <br />rights arena, and <br /> <br />WHEREAS, Each Western state has developed comprehensive systems for the appropriation, use <br />and distribution of water tailored to its unique physiologic, hydrologic and climatic conditions found <br />within that state; now, therefore <br /> <br />Be It Resolved by the House of Representatives of the Sixty-Fourth General Assembly of the State of <br />Colorado, the Senate concurring herein: <br /> <br />That we, the members of the General Assembly, do hereby request that the Forest Service <br />discontinue its practice of imposing bypass flow conditions on existing water infrastructure on <br />National Forest lands.. <br /> <br />Be it Further Resolved, That we, the members ofthe General Assembly, do hereby request that the <br />Secretary of the Department of Agriculture reinstate the 1992 "Madigan Letter," which was written <br />to then Colorado Senator Hank Brown clarifYing that water-related pennits on National Forest lands <br />will not be conditioned with bypass flow requirements. <br /> <br />Be it Further Resolved, That the Forest Service seek any desired protection for instream flows <br />through the Colorado Water Conservation Board in conformance with Colorado law for any stream <br />flows which it believes necessary to fulfill the purposes of the forest. <br /> <br />Be it Further Resolved, That copies ofthis Resolution be sent to the President of the United States, <br />the Secretary of the Department of Agriculture and each office of Colorado's Congressional <br />delegation. <br />