Laserfiche WebLink
<br />http://www.fs.fed.us/im/d irecti ves/fsm/2500/2540 <br /> <br />O~"~'n <br />U.;:::~ ~ I <br /> <br />http://www.fs.fed.us/im/ directives/fsm/2500/2540 <br /> <br />2541.31 - Protecting Instream Flows. Notify States of Instream flow <br />needs by: (a) filing protests of application for water rights if the <br />exercise of such rights would adversely affect National Forest resources <br />or water rights of the United States, (b) asserting claims to water <br />rights under Federal law insofar as applicable, and (c) filing for water <br />rights under State law where these uses are recognized. In those States <br />that recognize instream flows, but require that related water rights be <br />held in the name of the State (or some State agency), work with the <br />appropriate agency to obtain and protect the needed water flows. <br /> <br />Notify the Chief or the Office of General Counsel if the appropriate <br />procedure for protecting needed instream flows is difficult to determine. <br /> <br />Where water rights for instream flows cannot be established, use other <br />methods and authorities to ensure the necessary level of protection. <br />Such methods include: (l) special-use permits or easements and (2) <br />agreements and memorandums of understanding. <br /> <br />2541.32 - Possessory Interests. <br />rights in the name of the United <br />System lands as follows: <br /> <br />Claim possessory interest in water <br />States for water uses on National Forest <br /> <br />1. Claim water rights for water used directly by the Forest Service <br />and by the general public on the National Forest System. <br /> <br />2. Claim water rights for water used by permittees, contractors, and <br />other authorized users of the National Forest System, to carry out <br />activities related to multiple use objectives. Make these claims if both <br />water use and water development are on the National Forest System and one <br />or more of the following situations exists: <br /> <br />a. National Forest management alternatives or efficiency will <br />be limited if another party holds the water right. <br /> <br />b. Forest Service programs or activities will continue after <br />the current permittee, contractors or other authorized user <br />discontinues operations. <br /> <br />2541.33 - Protesting Claims by National Forest Users. Protest water <br />rights applications made by users if the water right should be held by <br />the United States. <br /> <br />2541.34 - Water Rights and Uses for Other Purposes. Evaluate projected <br />water requirements of uses of National Forest System lands for purposes <br />such as hotels, power developments, and transmission lines not directly <br />related to Forest Service programs. Assess environmental effects of the <br />use before authorizing the use. If the projected water requirements <br />conflict with existing or potential Forest Service uses and rights or <br />will adversely affect National Forest resources, the potential permittee <br />must seek alternative water sources on develop mitigation plans <br />acceptable to the Forest Service. <br /> <br />The establishment of a water right on National Forest System land does <br />not limit the Regional Forester's authority to regulate land use and <br />occupancy, nor to prevent injury to property of the United States. <br />Although a permittee may make beneficial use of water on National Forest <br />System land, the Regional Forester retains the authority to determine <br />management actions needed to comply with rules and regulations for land <br />use and occupancy. <br /> <br />2541.35 - Special-Use Authorizations for Water Developments. Special-use <br />authorizations that involve water storage, transmission, or diversion <br />facilities on National Forest System lands (FSM 2729) authorize occupancy <br />of the land only for the specific development purpose. In no case does <br />the United States necessarily relinquish any water right it may have, or <br />waive the right to use such water. Include stipulations in the <br />authorizing documents to ensure the quantities of water needed to fulfill <br />purposes of the National Forest and for environmental needs will be <br /> <br />7 of 13 <br /> <br />04/24/9815:58:57 <br />