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, Final Report April 2004 Implementation oflnstream Flow Protection Strategies The Steering Committee recognized the importance and need to apply the tools to the Goals and Objectives in order to implement the Steering Committee's instream flow management plan. The application of tools is intended to achieve the Objectives and ultimately reach the Goals identified for the different stream categories. The anticipated geographic scope of a prospective project will dictate the geographic level at which the tools will be applied. The implementation strategies must be tied back to the scope ofthe planning effort, whether at the strategic or project level evaluation. The Steering Committee's instream flow management matrix (Table 3) is essentially strategic level planning, but the Steering Committee recognizes that some projects on the National Forests will have limited effects and only localized impacts. Many projects may not have impacts on the overall function or integrity of the entire watershed. Accordingly, the appropriate application of the specific tools will generally be limited to the smaller or local watershed level. If the consequences or the scope of the project or plan being evaluated has the potential to affect the function or integrity of the entire watershed, then the application of the Goals and Objectives, and tools should be at the larger scale and focus on impacted baseline values in the entire watershed. Plans for new water diversions should primarily be evaluated under the existing stream sorting category (e.g., 0-20% Diverted), not the stream category (sort level) ofoost- proiect conditions. However, in the event the approval of a new water diversion project would result in a change from one stream sorting category to another, tools recommended for both of the sorting categories (the current and the post-project category) should be considered as part of a cumulative effects analysis that is required during the federal decision-making process required by the National Environmental Policy Act. The Steering Committee adopted a tiered approach for implementation or application of tools. The management matrix (Table 3) identifies tools (Table 2) for each objective by "tiers." The tiers define the recommended order of implementation. All of the Tier I tools are a first level of action designed to meet instream flow needs on the GMUG National Forests. Tier n constitutes a second level of recommended actions or strategies. The intent ofthese first two tiers is to recognize the most cooperative and constructive strategies that would integrate Forest Service actions and non-Forest Service programs related to instream flows into a management scheme that would ultimately provide the needed instream flows without requiring bypass flows on special-use permits. The Steering Committee defined the application of bypass flow conditions for a special- use permit renewal as an action of "last resort". This last course of federal action would only occur when and if the applicable tools in the first two tiers have been exhausted and determined not to meet Forest Service instream flow needs. The parties supporting this strategy have not waived their rights and abilities to challenge such action. Prior to requiring bypass flows, the Forest Service would involve the CWCB, Colorado Division of Wildlife, State Engineer's Office and other interested parties in a review of the process to ascertain that all the other options to meet instream flow needs have been exhausted. - 11 -