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<br />. <br /> <br />is because of rising temperatures, rather than decreases in rainfall or snowfall. They also feel that global <br />climate models predict that most of the planet's landmasses will see increased warm-season drying in <br />coming decades. The'drying will occur as the planet warms in response to rising levels of heat-trapping <br />greenhouse gases, according to the computer models. <br /> <br />Sage Grouse Decision: On Jan. 7 the U.S. Fish and Wildlife Service (USFWS) announced its 12-month <br />finding for three petitions to list the greater sage grouse as threatened or endangered under the ESA. The <br />agency has found that listing is not warranted. <br /> <br />Prior to settlement of western North America in the 19th century, greater sage-grouse lived in 13 States <br />and 3 Canadian provinces, including Colorado. <br /> <br />This is a significant decision -- especially given the fact that, over the past 10 years, 90 percent of all such <br />petitions were granted some form oflisting. <br /> <br />Tamarisk Control Update: New federal legislation to authorize and fund tamarisk control was not <br />reconciled prior to the last Congress' adjournment. Bills will have to be reintroduced in the new <br />Congress. <br /> <br />Those tracking the legislative process predict that the previous differences in competing bills will be <br />resolved prior to introduction, hopefully leading to an expedited passage. The bills are expected to <br />authorize the Department of the Interior to fund and coordinate tamarisk control activities on federal lands <br />with USDA providing programs for private lands. Weare continuing to coordinate with the DNR <br />Executive Director's Office (EDO) and to cooperate on a limited basis with local entities trying to put <br />together watershed based plans to control tamarisk, such as a group now active in the Purgatoire Basin. <br /> <br />The use of the $52,000 Construction Fund grant to the Tamarisk Coalition for inventory and monitoring <br />purposes is still on hold pending final resolution of federal legislation, Our staff will be meeting with <br />Sandy Rayl from the US Army Corps of Engineers (Corps) to leam about potential funds that may be <br />available for cost shared planning and/or implementation oftamarisk control projects. <br /> <br />Trout Unlimited et. al. vs U.S. Department of Agriculture (Forest Service): Environmental groups <br />brought suit against the United States challenging the Forest Service's approval of a special land use <br />permit and easement for Long Draw Reservoir on La Poudre Pass Creek. The operators ofthe reservoir <br />intervened as defendants. <br /> <br />The District Court ordered the decision ofthe Forest Service to issue the Long Draw Reservoir Easement <br />reversed and remanded the matter back to the Forest Service for further consideration in accordance with <br />its obligations under the "Federal Land Policy Management Act." <br /> <br />On Dec. 3, 2004, the United States filed a motion to dismiss appeals to the lOth Circuit Court of Appeals <br />for "lack of appellant jurisdiction" because until the Forest Service considers the issues remanded to them <br />further court action is premature. During the remand, it is anticipated that Long Draw will be operated as <br />it historically had been (i.e. without any bypass flows required). <br /> <br />Statewide <br /> <br />Recreational In-channel Diversions (RICD): In December 2004, two communities filed for RICD <br />water rights. ' <br /> <br />Chaffee County, represented by Porzak, Browning & Bushong, filed for an RICD water right for flows up <br />to 1800 cfs. <br /> <br />The Town of Silverthorne, represented by Hill & Robbins, also filed for an RICD water right. The <br />Silverthorne application requests flows of 100 cfs for the summer, and "holiday flows" for Memorial day <br /> <br />. <br /> <br />. <br /> <br />7 <br />