I 

118TH CONGRESS 

2D SESSION H. R. 9400 

To designate certain lands in the State of Colorado as components of the 

National Wilderness Preservation System, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 23, 2024 

Ms. DEGETTE introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To designate certain lands in the State of Colorado as components of the National Wilderness Preservation System, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; DEFINITION. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Colorado Wilderness Act of 2024’’. 

6 (b) SECRETARY DEFINED.—As used in this Act, the 

7 term ‘‘Secretary’’ means the Secretary of the Interior or 

8 the Secretary of Agriculture, as appropriate. 


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1 SEC. 2. ADDITIONS TO NATIONAL WILDERNESS PRESERVA2 TION SYSTEM IN THE STATE OF COLORADO. 

3 (a) ADDITIONS.—Section 2(a) of the Colorado Wil4 derness Act of 1993 (Public Law 103–77; 107 Stat. 756; 

5 16 U.S.C. 1132 note) is amended by adding at the end 

6 the following paragraphs: 

7 ‘‘(23) Certain lands managed by the Colorado 

8 River Valley Field Office of the Bureau of Land 

9 Management, which comprise approximately 20,171 

10 acres, as generally depicted on a map titled ‘Bull 

11 Gulch and Castle Peak Proposed Wilderness’, dated 

12 June 15, 2018, which shall be known as the Bull 

13 Gulch Wilderness. 

14 ‘‘(24) Certain lands managed by the Colorado 

15 River Valley Field Office of the Bureau of Land 

16 Management, which comprise approximately 16,230 

17 acres, as generally depicted on a map titled ‘Bull 

18 Gulch and Castle Peak Proposed Wilderness Areas’, 

19 dated June 15, 2018, which shall be known as the 

20 Castle Peak Wilderness. 

21 ‘‘(25) Certain lands managed by the Colorado 

22 River Valley Field Office of the Bureau of Land 

23 Management, which comprise approximately 312 

24 acres, as generally depicted on a map titled ‘Maroon 

25 Bells Addition Proposed Wilderness’, dated June 15, 

26 2018, which is hereby incorporated in and shall be 


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1 deemed to be a part of the Maroon Bells-Snowmass 

2 Wilderness Area designated by Public Law 88–577. 

3 ‘‘(26) Certain lands managed by the Gunnison 

4 Field Office of the Bureau of Land Management, 

5 which comprise approximately 38,176 acres, as gen6 erally depicted on a map titled ‘Redcloud & Handies 

7 Peak Proposed Wilderness’, dated June 16, 2018, 

8 which shall be known as the Redcloud Peak Wilder9 ness. 

10 ‘‘(27) Certain lands managed by the Gunnison 

11 Field Office of the Bureau of Land Management or 

12 located in the Grand Mesa, Uncompahgre, and Gun13 nison National Forests, which comprise approxi14 mately 26,557 acres, as generally depicted on a map 

15 titled ‘Redcloud & Handies Peak Proposed Wilder16 ness’, dated June 16, 2018, which shall be known as 

17 the Handies Peak Wilderness. 

18 ‘‘(28) Certain lands managed by the Royal 

19 Gorge Field Office of the Bureau of Land Manage20 ment, which comprise approximately 17,213 acres, 

21 as generally depicted on a map titled ‘McIntyre Hills 

22 Proposed Wilderness’, dated June 15, 2018, which 

23 shall be known as the McIntyre Hills Wilderness. 

24 ‘‘(29) Certain lands managed by the Glenwood 

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1 ment, which comprise approximately 11,291 acres, 

2 as generally depicted on a map titled ‘Grand Hog3 back Proposed Wilderness’, dated June 15, 2018, 

4 which shall be known as the Grand Hogback Wilder5 ness. 

6 ‘‘(30) Certain lands managed by the Glenwood 

7 Springs Field Office of the Bureau of Land Manage8 ment or located in the White River National Forest, 

9 which comprise approximately 16,305 acres, as gen10 erally depicted on a map titled ‘Flat Tops Proposed 

11 Wilderness Addition’, dated June 15, 2018, and 

12 which are hereby incorporated in and shall be 

13 deemed to be a part of the Flat Tops Wilderness 

14 designated by Public Law 94–146. 

15 ‘‘(31) Certain lands managed by the Grand 

16 Junction Field Office, which comprise approximately 

17 25,897 acres, as generally depicted on a map titled 

18 ‘Demaree Canyon Proposed Wilderness’, dated June 

19 15, 2018, which shall be known as the Demaree 

20 Canyon Wilderness. 

21 ‘‘(32) Certain lands managed by the Grand 

22 Junction Field Office, which comprise approximately 

23 29,045 acres, as generally depicted on a map titled 

24 ‘South Shale Ridge & Little Book Cliffs Proposed 


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1 Wilderness’, dated June 15, 2018, which shall be 

2 known as the Little Bookcliffs Wilderness. 

3 ‘‘(33) Certain lands managed by the Grand 

4 Junction Field Office, which comprise approximately 

5 27,517 acres, as generally depicted on a map titled 

6 ‘South Shale Ridge & Little Book Cliffs Proposed 

7 Wilderness’, dated June 15, 2018, which shall be 

8 known as the South Shale Ridge Wilderness. 

9 ‘‘(34) Certain lands managed by the Glenwood 

10 Springs Field Office or located in the White River 

11 National Forest, which comprise approximately 

12 20,742 acres, as generally depicted on a map titled 

13 ‘Deep Creek Proposed Wilderness’, dated June 15, 

14 2018, upon being designated as wilderness as pro15 vided by section 3(h)(2) of the Colorado Wilderness 

16 Act of 2024. 

17 ‘‘(35) Certain lands managed by the Glenwood 

18 Springs Field Office, which comprise approximately 

19 14,538 acres, as generally depicted on a map titled 

20 ‘Pisgah Mountain Proposed Wilderness’ and date is 

21 June 15, 2018, upon being designated as wilderness 

22 as provided by section 3(h)(2) of the Colorado Wil23 derness Act of 2024. 

24 ‘‘(36) Certain lands managed by the Tres Rios 

25 Field Office, which comprise approximately 29,118 


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1 acres, as generally depicted on a map titled ‘Bug 

2 Canyon and Cross Canyon Proposed Wilderness’, 

3 dated September 28, 2023, which shall be known as 

4 the Bug Canyon and Cross Canyon Wilderness Area. 

5 ‘‘(37) Certain lands managed by the Colorado 

6 River Valley Field Office, which comprise approxi7 mately 30,935 acres, as generally depicted on a map 

8 titled ‘Bull Gulch and Castle Peak Proposed Wilder9 ness’, dated September 28, 2023, which shall be 

10 known as the Bull Gulch and Castle Peak Wilder11 ness Area. 

12 ‘‘(38) Certain lands managed by the Tres Rios 

13 Field Office, which comprise approximately 31,406 

14 acres, as generally depicted on a map titled ‘McKen15 na Peak Proposed Wilderness’, dated September 28, 

16 2023, which shall be known as the McKenna Peak 

17 Wilderness Area. 

18 ‘‘(39) Certain lands managed by the Tres Rios 

19 Field Office and Uncompahgre Field Office, which 

20 comprise approximately 56,206 acres, as generally 

21 depicted on a map titled ‘Dolores River Canyon Pro22 posed Wilderness’, dated November 14, 2023, which 

23 shall be known as the Dolores River Canyon Wilder24 ness Area. 


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1 ‘‘(40) Certain lands managed by the 

2 Uncompahgre Field Office and Grand Junction 

3 Field Office, which comprise approximately 39,919 

4 acres, as generally depicted on a map titled 

5 ‘Sewemup Mesa Proposed Wilderness’, dated No6 vember 14, 2023, which shall be known as the 

7 Sewemup Mesa Wilderness Area.’’. 

8 (b) FURTHER ADDITIONS.—The following lands in 

9 the State of Colorado administered by the Bureau of Land 

10 Management or the United States Forest Service are here11 by designated as wilderness and, therefore, as components 

12 of the National Wilderness Preservation System: 

13 (1) Certain lands managed by the Colorado 

14 River Valley Field Office of the Bureau of Land 

15 Management or located in the White River National 

16 Forest, which comprise approximately 25,232 acres, 

17 as generally depicted on a map titled ‘‘Assignation 

18 Ridge Proposed Wilderness’’, dated July 11, 2018, 

19 which shall be known as the Assignation Ridge Wil20 derness. 

21 (2) Certain lands managed by the Royal Gorge 

22 Field Office of the Bureau of Land Management or 

23 located in the Pike and San Isabel National Forests, 

24 which comprise approximately 25,192 acres, as gen25 erally depicted on a map titled ‘‘Badger Creek ProVerDate Sep 11 2014 21:28 Sep 07, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H9400.IH H9400

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1 posed Wilderness Area’’, dated June 15, 2018, 

2 which shall be known as the Badger Creek Wilder3 ness. 

4 (3) Certain lands managed by the Royal Gorge 

5 Field Office of the Bureau of Land Management or 

6 located in the Pike and San Isabel National Forests, 

7 which comprise approximately 38,253 acres, as gen8 erally depicted on a map titled ‘‘Beaver Creek Pro9 posed Wilderness Area’’, dated June 15, 2018, 

10 which shall be known as the Beaver Creek Wilder11 ness. 

12 (4) Certain lands managed by the Royal Gorge 

13 Field Office of the Bureau of Land Management or 

14 the Bureau of Reclamation or located in the Pike 

15 and San Isabel National Forest, which comprise ap16 proximately 35,535 acres, as generally depicted on a 

17 map titled ‘‘Grape Creek Proposed Wilderness’’, 

18 dated June 15, 2018, which shall be known as the 

19 Grape Creek Wilderness. 

20 (5) Certain lands managed by the Grand Junc21 tion Field Office of the Bureau of Land Manage22 ment, which comprise approximately 20,996 acres, 

23 as generally depicted on a map titled ‘‘Bangs Can24 yon Proposed Wilderness’’, dated June 15, 2018, 


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1 which shall be known as the Bangs Canyon Wilder2 ness. 

3 (6) Certain lands managed by the Grand Junc4 tion Field Office of the Bureau of Land Manage5 ment, which comprise approximately 27,150 acres, 

6 as generally depicted on a map titled ‘‘Unaweep & 

7 Palisade Proposed Wilderness’’, dated June 15, 

8 2018, which shall be known as the Palisade Wilder9 ness. 

10 (7) Certain lands managed by the Grand Junc11 tion Field Office of the Bureau of Land Manage12 ment or located in the Grand Mesa, Uncompaghre, 

13 and Gunnison National Forest, which comprise ap14 proximately 20,420 acres, as generally depicted on a 

15 map titled ‘‘Unaweep & Palisade Proposed Wilder16 ness’’, dated June 15, 2018, which shall be known 

17 as the Unaweep Wilderness. 

18 (8) Certain lands managed by the Grand Junc19 tion Field Office of the Bureau of Land Manage20 ment and San Juan Field Office and in the Manti21 LaSal National Forest, which comprise approxi22 mately 45,220 acres, as generally depicted on a map 

23 titled ‘‘Sewemup Mesa Proposed Wilderness’’, dated 

24 June 15, 2018, which shall be known as the 

25 Sewemup Mesa Wilderness. 


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1 (9) Certain lands managed by the Kremmling 

2 Field Office of the Bureau of Land Management, 

3 which comprise approximately 31 acres, as generally 

4 depicted on a map titled ‘‘Platte River Addition Pro5 posed Wilderness’’, dated June 15, 2018, and which 

6 are hereby incorporated in and shall be deemed to 

7 be part of the Platte River Wilderness designated by 

8 Public Law 98–550. 

9 (10) Certain lands managed by the 

10 Uncompahgre Field Office of the Bureau of Land 

11 Management, which comprise approximately 17,660 

12 acres, as generally depicted on a map titled 

13 ‘‘Roubideau Proposed Wilderness’’, dated June 15, 

14 2018, which shall be known as the Roubideau Wil15 derness. 

16 (11) Certain lands managed by the 

17 Uncompahgre Field Office of the Bureau of Land 

18 Management or located in the Grand Mesa, 

19 Uncompaghre, and Gunnison National Forest, which 

20 comprise approximately 12,986 acres, as generally 

21 depicted on a map titled ‘‘Norwood Canyon Pro22 posed Wilderness’’, dated June 15, 2018, which shall 

23 be known as the Norwood Canyon Wilderness. 

24 (12) Certain lands managed by the San Juan 

25 Field Office of the Bureau of Land Management, 


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1 which comprise approximately 26,776 acres, as gen2 erally depicted on a map titled ‘‘Cross Canyon Pro3 posed Wilderness’’, dated June 15, 2018, which shall 

4 be known as the Cross Canyon Wilderness. 

5 (13) Certain lands managed by the San Juan 

6 Field Office of the Bureau of Land Management, 

7 which comprise approximately 33,114 acres, as gen8 erally depicted on a map titled ‘‘McKenna Peak Pro9 posed Wilderness’’, dated June 15, 2018, which shall 

10 be known as the McKenna Peak Wilderness. 

11 (14) Certain lands managed by the San Juan 

12 Field Office of the Bureau of Land Management 

13 Certain lands, which comprise approximately 14,339 

14 acres, as generally depicted on a map titled ‘‘Weber15 Menefee Mountain Proposed Wilderness’’, dated 

16 June 15, 2018, which shall be known as the Weber17 Menefee Mountain Wilderness. 

18 (15) Certain lands managed by the 

19 Uncompahgre and San Juan Field Offices of the 

20 Bureau of Land Management or the Bureau of Rec21 lamation, which comprise approximately 34,867 

22 acres, as generally depicted on a map titled ‘‘Dolores 

23 River Canyon Proposed Wilderness’’, dated June 15, 

24 2018, which shall be known as the Dolores River 

25 Canyon Wilderness. 


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1 (16) Certain lands managed by the San Juan 

2 Field Office of the Bureau of Land Management or 

3 located in the San Juan National Forest, which 

4 comprise approximately 31,752 acres, as generally 

5 depicted on a map titled ‘‘Snaggletooth Proposed 

6 Wilderness’’, dated June 15, 2018, which shall be 

7 known as the Snaggletooth Wilderness. 

8 (17) Certain lands managed by the Royal Gorge 

9 Field Office of the Bureau of Land Management or 

10 located in the Pike and San Isabel National Forests, 

11 which comprise approximately 22,654 acres, as gen12 erally depicted on a map titled ‘‘Browns Canyon 

13 Proposed Wilderness’’, dated June 15, 2018, which 

14 shall be known as the Browns Canyon Wilderness. 

15 (18) Certain lands managed by the San Luis 

16 Field Office of the Bureau of Land Management, 

17 which comprise approximately 10,871 acres, as gen18 erally depicted on a map titled ‘‘San Luis Hills Pro19 posed Wilderness’’, dated June 15, 2018, which shall 

20 be known as the San Luis Hills Wilderness. 

21 (19) Certain lands managed by the Royal Gorge 

22 Field Office of the Bureau of Land Management, 

23 which comprise approximately 27,719 acres, as gen24 erally depicted on a map titled ‘‘Table Mountain 


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1 Proposed Wilderness’’, dated June 15, 2018, which 

2 shall be known as the Table Mountain Wilderness. 

3 (c) WEST ELK ADDITION.—Certain lands in the 

4 State of Colorado administered by the Gunnison Field Of5 fice of the Bureau of Land Management, the United 

6 States National Park Service, and the Bureau of Reclama7 tion, which comprise approximately 6,846 acres, as gen8 erally depicted on a map titled ‘‘West Elk Addition Pro9 posed Wilderness’’, dated June 15, 2018, are hereby des10 ignated as wilderness and, therefore, as components of the 

11 National Wilderness Preservation System and are hereby 

12 incorporated in and shall be deemed to be a part of the 

13 West Elk Wilderness designated by Public Law 88–577. 

14 The boundary adjacent to Blue Mesa Reservoir shall be 

15 50 feet landward from the water’s edge, and shall change 

16 according to the water level. 

17 (d) BLUE MESA RESERVOIR.—If the Bureau of Rec18 lamation determines that lands within the West Elk Wil19 derness Addition are necessary for future expansion of the 

20 Blue Mesa Reservoir, the Secretary shall by publication 

21 of a revised boundary description in the Federal Register 

22 revise the boundary of the West Elk Wilderness Addition. 

23 (e) MAPS AND DESCRIPTIONS.—As soon as prac24 ticable after the date of enactment of the Act, the Sec25 retary shall file a map and a boundary description of each 


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1 area designated as wilderness by this section with the 

2 Committee on Natural Resources of the House of Rep3 resentatives and the Committee on Energy and Natural 

4 Resources of the Senate. Each map and boundary descrip5 tion shall have the same force and effect as if included 

6 in this Act, except that the Secretary may correct clerical 

7 and typographical errors in the map or boundary descrip8 tion. The maps and boundary descriptions shall be on file 

9 and available for public inspection in the Office of the Di10 rector of the Bureau of Land Management, Department 

11 of the Interior, and in the Office of the Chief of the Forest 

12 Service, Department of Agriculture, as appropriate. 

13 (f) STATE AND PRIVATE LANDS.—Lands within the 

14 exterior boundaries of any wilderness area designated 

15 under this section that are owned by a private entity or 

16 by the State of Colorado, including lands administered by 

17 the Colorado State Land Board, shall be included within 

18 such wilderness area if such lands are acquired by the 

19 United States. Such lands may be acquired by the United 

20 States only as provided in the Wilderness Act (16 U.S.C. 

21 1131 et seq.). 

22 SEC. 3. ADMINISTRATIVE PROVISIONS. 

23 (a) IN GENERAL.—Subject to valid existing rights, 

24 lands designated as wilderness by this Act shall be man25 aged by the Secretary in accordance with the Wilderness 


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1 Act (16 U.S.C. 1131 et seq.) and this Act, except that, 

2 with respect to any wilderness areas designated by this 

3 Act, any reference in the Wilderness Act to the effective 

4 date of the Wilderness Act shall be deemed to be a ref5 erence to the date of enactment of this Act. 

6 (b) GRAZING.—Grazing of livestock in wilderness 

7 areas designated by this Act shall be administered in ac8 cordance with the provisions of section 4(d)(4) of the Wil9 derness Act (16 U.S.C. 1133(d)(4)), as further inter10 preted by section 108 of Public Law 96–560, and the 

11 guidelines set forth in appendix A of House Report 101– 

12 405 of the 101st Congress. 

13 (c) STATE JURISDICTION.—As provided in section 

14 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

15 nothing in this Act shall be construed as affecting the ju16 risdiction or responsibilities of the State of Colorado with 

17 respect to wildlife and fish in Colorado. 

18 (d) BUFFER ZONES.— 

19 (1) IN GENERAL.—Nothing in this Act creates 

20 a protective perimeter or buffer zone around any 

21 area designated as wilderness by section 2. 

22 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

23 fact that an activity or use on land outside the areas 

24 designated as wilderness by section 2 can be seen or 

25 heard within the wilderness shall not preclude the 


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1 activity or use outside the boundary of the wilder2 ness. 

3 (e) MILITARY HELICOPTER OVERFLIGHTS.— 

4 (1) IN GENERAL.—Nothing in this Act restricts 

5 or precludes— 

6 (A) low-level overflights of military heli7 copters over the areas designated as wilderness 

8 by section 2, including military overflights that 

9 can be seen or heard within any wilderness 

10 area; 

11 (B) military flight testing and evaluation; 

12 or 

13 (C) the designation or creation of new 

14 units of special use airspace, or the establish15 ment of military flight training routes over any 

16 wilderness area. 

17 (2) AERIAL NAVIGATION TRAINING EXER18 CISES.—The Colorado Army National Guard, 

19 through the High-Altitude Army National Guard 

20 Aviation Training Site, may conduct aerial naviga21 tion training maneuver exercises over the wilderness 

22 areas designated by this Act— 

23 (A) in a manner consistent with the memo24 randum of understanding dated August 4, 

25 1987, entered into among the Colorado Army 


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1 National Guard, the Bureau of Land Manage2 ment, and the Forest Service; or 

3 (B) in a manner consistent with a subse4 quent memorandum of understanding entered 

5 into among the Colorado Army National Guard, 

6 the Bureau of Land Management, and the For7 est Service. 

8 (f) RUNNING EVENTS.—The Secretary may continue 

9 to authorize competitive running events currently per10 mitted in the Redcloud Peak Wilderness Area and 

11 Handies Peak Wilderness Area in a manner compatible 

12 with the preservation of such areas as wilderness. 

13 (g) LAND TRADES.—If the Secretary trades privately 

14 owned land within the perimeter of the Redcloud Peak 

15 Wilderness Area or the Handies Peak Wilderness Area in 

16 exchange for Federal land, then such Federal land shall 

17 be located in Hinsdale County, Colorado. 

18 (h) POTENTIAL WILDERNESS DESIGNATIONS.— 

19 (1) IN GENERAL.—The following lands are des20 ignated as potential wilderness areas: 

21 (A) Certain lands managed by the Glen22 wood Springs Field Office or located in the 

23 White River National Forest, which comprise 

24 approximately 20,742 acres, as generally de25 picted on a map titled ‘‘Deep Creek Proposed 


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1 Wilderness’’ and dated is June 15, 2018, which, 

2 upon designation as wilderness under para3 graph (2), shall be known as the Deep Creek 

4 Wilderness. 

5 (B) Certain lands managed by the Glen6 wood Springs Field Office, which comprise ap7 proximately 14,538 acres, as generally depicted 

8 on a map titled ‘‘Pisgah Mountain Proposed 

9 Wilderness’’ and dated June 15, 2018, which, 

10 upon designation as wilderness under para11 graph (2), shall be known as the Pisgah Moun12 tain Wilderness. 

13 (2) DESIGNATION AS WILDERNESS.—Lands 

14 designated as a potential wilderness area by sub15 paragraph (A) or (B) of paragraph (1) shall be des16 ignated as wilderness on the date on which the Sec17 retary publishes in the Federal Register a notice 

18 that all nonconforming uses of those lands author19 ized by subsection (e) in the potential wilderness 

20 area that would be in violation of the Wilderness Act 

21 (16 U.S.C. 1131 et seq.) have ceased. Such publica22 tion in the Federal Register and designation as wil23 derness shall occur for the potential wilderness area 

24 as the nonconforming uses cease in that potential 

25 wilderness area and designation as wilderness is not 


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1 dependent on cessation of nonconforming uses in the 

2 other potential wilderness area. 

3 (3) MANAGEMENT.—Except for activities pro4 vided for under subsection (e), lands designated as 

5 a potential wilderness area by paragraph (1) shall be 

6 managed by the Secretary in accordance with the 

7 Wilderness Act as wilderness pending the designa8 tion of such lands as wilderness under this sub9 section. 

10 SEC. 4. WATER. 

11 (a) EFFECT ON WATER RIGHTS.—Nothing in this 

12 Act— 

13 (1) affects the use or allocation, in existence on 

14 the date of enactment of this Act, of any water, 

15 water right, or interest in water; 

16 (2) affects any vested absolute or decreed condi17 tional water right in existence on the date of enact18 ment of this Act, including any water right held by 

19 the United States; 

20 (3) affects any interstate water compact in ex21 istence on the date of enactment of this Act; 

22 (4) authorizes or imposes any new reserved 

23 Federal water rights; and 

24 (5) shall be considered to be a relinquishment 

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1 priated by the United States in the State on or be2 fore the date of the enactment of this Act. 

3 (b) MIDSTREAM AREAS.— 

4 (1) PURPOSE.—The purpose of this subsection 

5 is to protect for the benefit and enjoyment of 

6 present and future generations— 

7 (A) the unique and nationally important 

8 values of areas designated as wilderness by sec9 tion 2(b) (including the geological, cultural, ar10 chaeological, paleontological, natural, scientific, 

11 recreational, environmental, biological, wilder12 ness, wildlife, riparian, historical, educational, 

13 and scenic resources of the public land); and 

14 (B) the water resources of area streams, 

15 based on seasonally available flows, that are 

16 necessary to support aquatic, riparian, and ter17 restrial species and communities. 

18 (2) WILDERNESS WATER RIGHTS.— 

19 (A) IN GENERAL.—The Secretary shall en20 sure that any water rights within the wilderness 

21 designated by section 2(b) required to fulfill the 

22 purposes of such wilderness are secured in ac23 cordance with subparagraphs (B) through (G). 

24 (B) STATE LAW.— 


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1 (i) PROCEDURAL REQUIREMENTS.— 

2 Any water rights for which the Secretary 

3 pursues adjudication shall be appropriated, 

4 adjudicated, changed, and administered in 

5 accordance with the procedural require6 ments and priority system of State law. 

7 (ii) ESTABLISHMENT OF WATER

8 RIGHTS.— 

9 (I) IN GENERAL.—Except as pro10 vided in subclause (II), the purposes 

11 and other substantive characteristics 

12 of the water rights pursued under this 

13 paragraph shall be established in ac14 cordance with State law. 

15 (II) EXCEPTION.—Notwithstand16 ing subclause (I) and in accordance 

17 with this Act, the Secretary may ap18 propriate and seek adjudication of 

19 water rights to maintain surface water 

20 levels and stream flows on and across 

21 the wilderness designated by section 

22 2(b) to fulfill the purposes of such 

23 wilderness. 

24 (C) DEADLINE.—The Secretary shall 

25 promptly, but not earlier than January 1, 2025, 


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1 appropriate the water rights required to fulfill 

2 the purposes of the wilderness designated by 

3 section 2(b). 

4 (D) REQUIRED DETERMINATION.—The 

5 Secretary shall not pursue adjudication for any 

6 instream flow water rights unless the Secretary 

7 makes a determination pursuant to subpara8 graph (E)(ii) or (F). 

9 (E) COOPERATIVE ENFORCEMENT.— 

10 (i) IN GENERAL.—The Secretary shall 

11 not pursue adjudication of any Federal 

12 instream flow water rights established 

13 under this paragraph if— 

14 (I) the Secretary determines, 

15 upon adjudication of the water rights 

16 by the Colorado Water Conservation 

17 Board, that the Board holds water 

18 rights sufficient in priority, amount, 

19 and timing to fulfill the purposes of 

20 this subsection; and 

21 (II) the Secretary has entered 

22 into a perpetual agreement with the 

23 Colorado Water Conservation Board 

24 to ensure full exercise, protection, and 

25 enforcement of the State water rights 


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1 within the Wilderness to reliably fulfill 

2 the purposes of this subsection. 

3 (ii) ADJUDICATION.—If the Secretary 

4 determines that the provisions of clause (i) 

5 have not been met, the Secretary shall ad6 judicate and exercise any Federal water 

7 rights required to fulfill the purposes of 

8 the Wilderness in accordance with this 

9 paragraph. 

10 (F) INSUFFICIENT WATER RIGHTS.—If the 

11 Colorado Water Conservation Board modifies 

12 the instream flow water rights obtained under 

13 subparagraph (E) to such a degree that the 

14 Secretary determines that water rights held by 

15 the State are insufficient to fulfill the purposes 

16 of this Act, the Secretary shall adjudicate and 

17 exercise Federal water rights required to fulfill 

18 the purposes of this Act in accordance with sub19 paragraph (B). 

20 (G) FAILURE TO COMPLY.—The Secretary 

21 shall promptly act to exercise and enforce the 

22 water rights described in subparagraph (E) if 

23 the Secretary determines that— 


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1 (i) the State is not exercising its 

2 water rights consistent with subparagraph 

3 (E)(i)(I); or 

4 (ii) the agreement described in sub5 paragraph (E)(i)(II) is not fulfilled or com6 plied with sufficiently to fulfill the pur7 poses of this Act. 

8 (3) WATER RESOURCE FACILITY.—Notwith9 standing any other provision of law, beginning on 

10 the date of enactment of this Act, neither the Presi11 dent nor any other officer, employee, or agent of the 

12 United States shall fund, assist, authorize, or issue 

13 a license or permit for development of any new irri14 gation and pumping facility, reservoir, water con15 servation work, aqueduct, canal, ditch, pipeline, well, 

16 hydropower project, transmission, other ancillary fa17 cility, or other water, diversion, storage, or carriage 

18 structure in the wilderness designated by section 

19 2(b). 

20 (c) ACCESS AND OPERATION.— 

21 (1) DEFINITION.—As used in this subsection, 

22 the term ‘‘water resource facility’’ means irrigation 

23 and pumping facilities, reservoirs, water conserva24 tion works, aqueducts, canals, ditches, pipelines, 

25 wells, hydropower projects, and transmission and 


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1 other ancillary facilities, and other water diversion, 

2 storage, and carriage structures. 

3 (2) ACCESS TO WATER RESOURCE FACILI4 TIES.—Subject to the provisions of this subsection, 

5 the Secretary shall allow reasonable access to water 

6 resource facilities in existence on the date of enact7 ment of this Act within the areas described in sec8 tions 2(b) and 2(c), including motorized access 

9 where necessary and customarily employed on routes 

10 existing as of the date of enactment of this Act. 

11 (3) ACCESS ROUTES.—Existing access routes 

12 within such areas customarily employed as of the 

13 date of enactment of this Act may be used, main14 tained, repaired, and replaced to the extent nec15 essary to maintain their present function, design, 

16 and serviceable operation, so long as such activities 

17 have no increased adverse impacts on the resources 

18 and values of the areas described in sections 2(b) 

19 and 2(c) than existed as of the date of enactment of 

20 this Act. 

21 (4) USE OF WATER RESOURCE FACILITIES.— 

22 Subject to the provisions of this subsection and sub23 section (a)(4), the Secretary shall allow water re24 source facilities existing on the date of enactment of 

25 this Act within areas described in sections 2(b) and 


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1 2(c) to be used, operated, maintained, repaired, and 

2 replaced to the extent necessary for the continued 

3 exercise, in accordance with Colorado State law, of 

4 vested water rights adjudicated for use in connection 

5 with such facilities by a court of competent jurisdic6 tion prior to the date of enactment of this Act. The 

7 impact of an existing facility on the water resources 

8 and values of the area shall not be increased as a 

9 result of changes in the adjudicated type of use of 

10 such facility as of the date of enactment of this Act. 

11 (5) REPAIR AND MAINTENANCE.—Water re12 source facilities, and access routes serving such fa13 cilities, existing within the areas described in sec14 tions 2(b) and 2(c) on the date of enactment of this 

15 Act shall be maintained and repaired when and to 

16 the extent necessary to prevent increased adverse 

17 impacts on the resources and values of the areas de18 scribed in sections 2(b) and 2(c). 

Æ 


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