BOARD01656

• Board Meeting Date: 7/1/1985
• Description: Meeting Notes & Memos
• Board Meetings - Doc Type: Meeting

Most ditch-right holders have contested the Forest .
Service's action, but often it is difficult to prove that the
date of construction preceded the enactment of the 1926 Act.
which had made it clear that permits for rights-of-way were
required when crossing Forest Service lands. This led then
Congressman Kogovsek and Senator Armstrong to each introduce
bills in the last Congress addressing this issue. Although the
House bill was passed, the Senate did not act on either measure.

Through the efforts of, Senator Armstrong, in March 1984.
the Secretary of Agriculture placed a moratorium on federal
action to convert existing rights-of-way into FLPMA permits.
This moratorium was extended at the end of the last session of
Congres. and is'in effect for a reasonable time to order that
legislation correcting this problem can be passed.

The Forest Service has prepared draft legislation which
would amend the legislation introduced in Congress last year
which would. among other things. authorize the Forest Service
to issue permanent easements subject to certain conditions.

Based on concerns by permit ,holders and the Colorado Water
Congress on the Forest, Service proposed legiSlation and based
on the fact that Congressman Strang has introduced a bill t~
resolve the concerns"Mr. Johnston moved. seconded by Mr.
Smith. that the Board defer action on this item to allow the
staff to obtain additional information and report back in the
September Boardimeeting. 'i

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Motion adopted unanimously.

Aqenda' Item 11 -' Endanqered Species' Issues

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a. Whoopinq Crane

Mr. McDonald presented a status report on efforts by the
recently established Steer,ing Committee to ~identify and resolve
the issues relevant to this species. He reported on the
meeting held on May 22. 1985. with representatives from
Colorado, Nebraska, Wyoming. Colorado Water Congress, Bureau of
Reclamation, U.S. Fish and wildlife Service"and environmental
agencies acting through the National wildlife Federation. At
that meeting, the Steering Committee agreed to draft a work
plan for resolving the whooping crane issues.

Two primary concerns were identified in' these
deliberations. ,First.'a meaningful recovery plan for the
whooping cranes must be prepared. The earlier recovery plan
identifies a number of'objectives to be achieved for delisting
the species but: no'implementation measures or responsible
agencies are identified. Second, Section 7 and Recovery Plan
processes must be identified and necessary distinctions made
between the two.

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