BOARD01661

• Board Meeting Date: 1/27/2004
• Description: ISF Section - Federal Ditch Bill Easements and Associated By-Pass Flow Requirements
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

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Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
.WWW.cwcb.state.co.us

Bill Owens
Governor

MEMORANDUM

Russell George
Executive Director

Rod Kuharich
ewes Director

To: CWCB Members

From: Dan Merriman

Dan McAuliffe
Deputy Director

Date: January 20, 2004

Re: Agenda Item 27. Federal Ditch Bill Easements and Associated By-pass Flow Requirements

Back~round

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The Southwestern Water Conservatiou District (SWCD) asked the Colorado Water Conservation Board (CWCB) for its
assistance in resolving issues with the U.S. Forest Service (USFS) regarding the proposed USFS language for easements
under the Ditch Bill, a permanent easement guaranteed to owners of pre-1976 irrigation ditches as an exception to
Special Use Permits under the Federal Land Policy Management Act. To this end, a small working group was formed to
scope-out possible strategies to address this issue. The work group was comprised of Janice Sheftel, attorney for the
SWCD, Felicity Hannay and Carol Angel, Attorney Generals Office, and myself The attached memo to the CWCB
from Ms. Sheftel outlines a two-pronged strategy that is being proposed for discussion purposes with the Board.

The memo contemplates a letter to Rick Cables, Regional Forester, from Ms. Sheftel, which she was in the process of
preparing as the Board mailing was going out. Copies of this letter will be provided to CWCB members at the Board
meeting.

Also, a copy of Public Law 99-545, the Ditch Bill, is attached for your information. For additional background on this
issue, I would refer you to two memos from Janice Sheftei to Board Member Don Schwindt dated November 17,2003,
which he provided to the Board at its meeting in November 2003. One is entitled "Ditch Bill" and provides background
on the Ditch Bill and associated concerns. The other is entitled "Ditch Bill Easements" which requested the Board's
assistance in addressing this issue with tbe Forest Service.

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The Board will be asked to provide guidance to the work group on the proposed strategies. We have been told that a
representative from the Forest Service will attend the Board meeting on this particular agenda item and hopefully
provide some insight as to how it plans to proceed with this issue.

Attachments:

Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning