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. . . entire case be dismissed with prejudice, We received notice June 21, 2003 that the case has been appealed, On September 10, 2003 the States of Colorado, Utah and New Mexico filed an Amici Brief in support of Wyoming's Response Brief and suggesting the loth Circuit Court of Appeals affirm the District Court's decision, The appeal is scheduled for hearing on March 8th at 1:00 pm, The AG may provide additional information on the appeal at the Board meeting. Flaming Gorge EIS: We understand from some cooperating agencies that there are significant concerns related to the proposed Action Alternative, The Action Alternative is described as operating Flaming Gorge Dam with the goal of achieving the recommended flows as often as possible while maintaining all authorized uses of Flaming Gorge Dam, Some cooperating agencies feel that the action alternative as modeled and when combined with other actions by Reclamation, are sufficient to severely jeopardize hydropower production at Flaming Gorge Dam, Changes in monthly water release patterns and restrictions in hourly releases in the Action Alternative indicate that the Flaming Gorge power plant will be bypassed in 50% of the years and bypassed and spilled in 29% of the years, The Action Alternative therefore fails to meet the purpose of the proposed action by failing to adequately maintain all authorized purposes, Apparently this is do to the fact that the Action Alternative assumes that water released from Flaming Gorge must meet all flow targets in Reach 2 at the recommended frequency, magnitude, and duration, Since approximately one half of the annual flow volume in Reach 2 comes from the Yampa River, the ability to meet Reach 2 flow recommendations using Flaming Gorge is limited, White River Flow Recommendations: In August 2002, the USFWS released a draft report for White River flow recommendations in Utah and Colorado, This report consisted of two studies, one concerning high flows for channel maintenance, and the other involving base flow recommendations, This report was rejected by the peer reviewers and sent back for further work. A second draft of the base flow recommendations was released in October 2003, The peer review also found problems with this new study, but it was accepted with minor revisions and is currently being finalized, Reviewers identified shortcomings in the study's methodology that they felt invalidated the results and made it unreasonable to derive any real flow recommendations at this time, More studies are recommended, but in the interim period, reviewers felt that the current flow regime, particularly the base flows, should be maintained for the protection of the adult Colorado Pikeminnow, which is currently doing well in the White River, Agency News Compacts Imaging Update: We have finished imaging the historical UCRBRIP materials, the Colorado River Operations files, many of the CRSP projects, and much of the Rio Grande basin materials, All materials that are completely imaged may be accessed via Program Manager, searching by subject name or file number, We have posted our filing index on the Web to help with this process, You can log into Content Manager and look around to see what the imaged files look like. Just go into the Water Supply Protection section, enter a file number, and see what comes up, Our imaging staff and temporaries will be finishing up other sections' materials soon, and then can devote their time to our section's materials, there is light at the end of the tunnel. ### 31