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BOARD00355
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Last modified
8/16/2009 2:49:16 PM
Creation date
10/4/2006 6:36:35 AM
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Board Meetings
Board Meeting Date
3/24/2003
Description
Forest Service Bypass Flows in Special Use Permits
Board Meetings - Doc Type
Memo
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<br />MAR-04-2003 TUE 09:51 AM TROUT WITWER & FREEMAN <br /> <br />FAX NO, 3038324465 <br /> <br />p, 06 <br /> <br />. <br /> <br />EXECUTIVE SUMMARY <br /> <br />The Task Force was created: by Section 389(d)(3) ofP,t. 104.127 in response to a <br />controversy in Colorado regarding the attempt by the Forest Service to use its permining <br />authority to require that urban and, l\gricultural water users relinquish a pan of their water supply <br />in order to provide water for the secondary purposes of the National Forest, The Task Force <br />reviewed this controversy, and also ponsidered related issues that were brought to its attention <br />during the oourse of Task Force prqceedings, These related issues included attempts by the <br />Forest Service in Arizona to use its ,permitting alllhorilY te require that grazing allottees transfer <br />title 10 non. federal water rights obtained under State law to the United States, and the assertion <br />by the United States that McCarranAmendment water rights adjudications pending in Montana, <br />Colorado, Idaho. and elsewhere in tpe welt would not result in a binding determination of the <br />rights to use water derived from National rorlisls, <br /> <br />The Task Force held hearin~ in Colorado, Califomill, Oregon, Idaho, Nevadll, and <br />Washington, D,C. Oral and wrillen;testimQny was provided by water users, conservation groups, <br />envirolUllental groups, State officials. and ourrent and former Federal employees. The Task Force <br />spent considerable time searching for and dlse\lssing alternatives which would avoid or reduce <br />conflict between the Forest Service .and water users, many of which are inCOlllorated within the <br />Rel;Omrnendations and Responses to the questi!lns presented to the Tasle Force in Section <br />389(dX3). . <br /> <br />; <br />i <br /> <br />. <br /> <br />The Task Force concludes: Ilw: <br /> <br />(I) Congress has not iklega,ted to the Forest Service the au/hortl}' necesSary to allow /tlo <br />require that water users relinquIsh a part of/heir e:tisling waier supply or tI'(Illsfer their <br />water rights to the Un/led Slates CIS a condirion of rhe grr:ml or ren/IWal of federal <br />permirs; <br /> <br />(2) Decrees entered In McO(lrrQf/ Amendment warer rights adjudicatiol1S are tntended to <br />result in a binding allocalifJ,n oj Ihe rights to rhe use ojwaler for federal and non-federal <br />purposes, including the use ;ojwaler Itl attain rhe primary and secondary purposes of rhe <br />Narlonal Fores/s. Accordingly, the Foresr Service may not use its permitling allthorlTy /0 <br />reallocare or orherwlse obratn warer fqr National Forest purposes from nan-jederal <br />water rights which have be,,, or will b, recogn;3ed in McCarron proceedings; and <br /> <br />(j) The Foresr Service mUSI attain Ihe!secondary pul"]XJses of rhe Narianal Foresls by <br />oblainlng and exercising water rights :in accordance wirh slale and federal law and by <br />working wllh owners ofnoTl,-federal Willer rights /0 achieve Narlonal Foresr purposes <br />wlthour interfering wt.rh the;dlverslon,' srarage, and use of water for non-federal purposes. <br />The use of rhese approacher will avoid Ihe clrcumsronces that have motivated the Forest <br />Service ro act in a mr:mner ~hich exceeds its legal authorl/)', <br /> <br />Pan VII oflhis Report conl,ains the Task Force Recommendations and Response 10 <br />Questions Presented in Section 389(d)(3). p~ IX of this Report contains Separate Views. <br /> <br />. <br />
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