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.. Final Report April 2004 The Steering Committee recognizes that imposing or failing to impose bypass flows will likely result in disputes and challenges which are inconsistent with the spirit of the process outlined by the instream flow management matrix and its suggested application of Tier I and II tools. Condemnation (eminent domain) is another use of the federal government's powers. The Forest Service can unilaterally acquire private property for public purposes using its powers of eminent domain. Use of condemnation to acquire water for instteam flows is extremely contentious as it necessarily reflects a prior failure to negotiate a purchase of property on a willing seller basis. Nevertheless, it is an authority available to the Forest Service for the acquisition of water rights. The Forest Service has the authority to take numerous actions with regard to managing natural resources, including water, on National Forest lands. The two most direct and controversial Forest Service actions are listed in Table 4 and should be considered actions oflast resort (Appendix C). Additionally, the Forest Service has the discretion to deny a special-use permit application. ' Table 4 Federal Unilateral Actions Action, Require by-pass flows as a condition of special-use permits for protecting and restoring natural resources and/or the aquatic environment. A lication Unilateral action by the Forest Service that requires water diversions on National Forest lands be reduced to provide for instream flows. Use condemnation to acquire water for instream flows. Forest Service acquisition of property rights for the benefit of the public if administrative options or willing seller have failed to provide water for instream flow purposes.' . Public Review and Support In a final effort to connect with stakeholders and the public on issues and concerns regarding the proposed instream flow management plan, the Steering Committee conducted a review process that involved presentations to various water management . groups at seven public meetings. Steering Committee members were responsible for conducting the Pathfinder Project presentations at the different meetings where the audience was comprised of members from the larger constituency groups represented by the Steering Committee members. These meetings were open to the public but were either specially noticed meetings of a water management organization (e.g., Upper Gunnison River Water Conservancy District) or a noticed agenda topic at a regularly scheduled board meeting of a water organization or agency such as the CWCB and the Colorado River Water Conservation District. Comments and suggested revisions obtained from these outreach meetings provided important feedback and helped to formulate this report. - 12-