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<br />Final Report <br /> <br />., <br /> <br />April 2004 <br /> <br />2. Negotiate permit conditions for instream flow purposes on new water <br />development. <br /> <br />Issue: <br />The Forest Service can unilaterally <br />impose conditions for maintaining <br />instream flows when a new special- <br />use permit is issued for a water <br />diversion or storage project on NFS <br />lands. <br /> <br />Intention in a I in the tool: <br />The Forest Service would negotiate and <br />work in coordinated fashion with water <br />users and water regulatory and <br />management organizations to address <br />instream flow needs on NFS lands and <br />ultimately include permit conditions that <br />are mutuall a eed u on. <br /> <br />3. As a permit condition, limit diversions to decreed amounts when needed, <br />seasonally. <br /> <br />Issue: Intention in applvinl! the tool: <br />Under Colorado water law, if there The Forest Service would condition a <br />is more water than the decreed special-use permit, whether new or when <br />amount of the diversionary right renewed, to limit water diversions to the <br />and it can be put to beneficial use, it water user's decreed water right. <br />can be legally diverted. <br /> <br />4. Implement channel and fish habitat improvements to compensate for lower <br />flows when a determination has been made that such improvements have <br />biological merit. <br /> <br />Issue: <br />Opportunities to develop in-channel <br />improvements for fish habitatwere <br />not always considered when trying <br />to mitigate reduced instream flows, <br />resulting from current or <br />prospective projects. <br /> <br />Intention in a I in the tool: <br />The Forest Service would fully <br />investigate the potential for restoration <br />or habitat improvements that may <br />provide equivalent biological benefit at <br />,specific flow regimes. <br /> <br />- 18 - <br />