WA – 10 – 1-Bypass Flow Requirements For Renewal Of Special Use Permits

WHEREAS CLUB 20 has consistently opposed the Forest Service practice of requiring federally imposed bypass flows in order to obtain new or renewal of special use permits, as an illegal taking of private property (water rights) without compensation; and

WHEREAS The Forest Service and other federal agencies have and continue to prepare Land Management Plans that require bypass flows to meet habitat criteria in order to obtain special use permits or in FERC re-licensing actions; and

WHEREAS These  Land Management Plans do not provide for a balance of multiple forest use purposes, but require that arbitrary habitat criteria be met even if detrimental to other multiple use purposes; and

WHEREAS The Forest Service Region 2 has entered into and renewed a Memorandum of Understanding (MOU) with the Colorado Department of Natural Resources (CDNR) where the two parties agreed to seek alternative methods to provide for stream habitat needs without the imposition of a federal bypass.

NOW, THEREFORE, BE IT RESOLVED that CLUB 20:

  • Opposes federally-imposed stream bypasses in order to renew or modify a special use permit, or renewal of a FERC license, and
  • Opposes criteria in Forest Land Management Plans that are used by the Forest Service as the reason that bypasses are required, and opposes such criteria being applied as to preclude multiple uses of federal lands, and
  • Supports the MOU between the Region 2 Forest Service and CDNR as an appropriate mechanism to resolve potential bypass requirements.

Adopted 4/9/2010

Amended 9/5/2014