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<br />.. <br /> <br />. <br /> <br />. <br /> <br />, <br /> <br />the Overland proposed to rehabilitate and rellair their reservoir, the Forest Service forced the " <br />Overland to accept a FLPMA special use authorization with a bypass flow requirement. The ... <br />agency claims that the pre-FLPMA easement that the Overland acquired in 1905 has been ., <br />extinguished, and that the FLPMA requires a two cubic-foot per second bypass flow to <br />"sustain a fishery" in a small stream. Incredibly, the bypass flow amounts to almost twenty- <br />five' percent (25%) of the Overland's annual water storage right. The Forest Service does not <br />compensate the Overland for the taking of their water rights. The bypass requirement is made <br />even more egregious in that the bypass flow does not sustain a fishery, but is instead diverted <br />by another water user a short distance downstream from the Overland system. <br /> <br />Despite the Overland's objections to the bypass requirement and attempts to work with <br />the Forest Service to remedy this inequitable situation, the Forest Service refuses to drop the <br />bypass requirement. As such, the Overland shareholders have been forced to sue the Forest <br />Service in federal court. The lawsuit will reaffirm the Overland's pre-FLPMA easement, <br />thereby eliminating the Forest Service's ability to impose the bypass flow requirement. <br /> <br />The importarice of the Overland suit to other water users across the West cannot be <br />understated: the Overland Company was one of the first water users to face the Forest <br />Service's efforts to eliminate pre-FLPMA easements and impose bypass requirements. If the <br />Forest Service is successful in this litigatioIl, other water users will soon face similar attempts <br />to extinguish historic easements and estab\i~h bypass flows. <br /> <br />The Overland shareholders need your help. As you can imagine, litigation against the <br />federal government is extremely expensive. The Forest Service can rely on the vast budget of ... <br />the federal government to fight the Overland suit, while the Overland shareholders must ., <br />sacrifice their f~lies' finances in their effort to regain control of their easement and water <br />rights. The Overland shareholders are forced to request financial assistance from other <br />agricultural and municipal users across the West.' <br /> <br />Your contribution towards the Overland suit will stop the Forest Service effort to <br />extinguish the easements critical to operatiOn and maintenance of vour water storage and <br />conveyance facilities. By assisting the Overland shareholders, you will be safeguarding your <br />own rights. Please assist us in our efforts to restore common sense and respect for private <br />property rights in the Forest Service. If you have questions about the Overland suit, please <br />contact us directly. The facts behind the Overland case are extremely complex; this letter <br />cannot fully explain the situation and the importance of your assistance. Thank you. <br /> <br />Sincerely, <br /> <br />Sincerely, <br /> <br />Pete Kasper, President <br />Overland Ditch & Reservoir Company <br />Hotchkiss, Colorado <br />(970) 872-3586 <br /> <br />.bN=v a0~< <br /> <br />Karen Budd-Falen & Greg Weisz <br />Budd-Falen Law Offices, P.C. <br />Cheyenne, Wyoming <br />(307) 632-5105 <br /> <br />e <br />