I 

113TH CONGRESS 

1ST SESSION H. R. 2552 

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 

JUNE 27, 2013 

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 2013’’. 

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— 

6 (1) in paragraph (4) by striking ‘‘1993,’’ and 

7 inserting ‘‘1993, and certain lands managed by the 

8 Gunnison Field Office which comprise approximately 

9 3,325 acres, as depicted on a map titled ‘Proposed 

10 Powderhorn Wilderness Addition’ and dated October 

11 20, 2010,’’; and 

12 (2) by adding at the end the following para13 graphs: 

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

15 River Valley Field Office of the Bureau of Land 

16 Management which comprise approximately 15,200 

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

18 Gulch and Castle Peak Proposed Wilderness Areas’, 

19 dated October 20, 2010, which shall be known as 

20 the Bull Gulch Wilderness. 

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

22 River Valley Field Office of the Bureau of Land 

23 Management which comprise approximately 12,225 

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

25 Gulch and Castle Peak Proposed Wilderness Areas’, 


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1 dated October 20, 2010, which shall be known as 

2 the Castle Peak Wilderness. 

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

4 River Valley Field Office of the Bureau of Land 

5 Management which comprise approximately 325 

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

7 Bells Proposed Wilderness’, dated October 20, 2010, 

8 which is hereby incorporated in and shall be deemed 

9 to be a part of the Maroon Bells-Snowmass Wilder10 ness Area designated by Public Law 88–577. 

11 ‘‘(25) Certain lands managed by the Gunnison 

12 Field Office of the Bureau of Land Management 

13 which comprise approximately 38,180 acres, as gen14 erally depicted on a map titled ‘Redcloud and 

15 Handies Peak Proposed Wildernesses’, dated Octo16 ber 21, 2010, which shall be known as the Redcloud 

17 Peak Wilderness. 

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

19 Field Office of the Bureau of Land Management 

20 which comprise approximately 16,350 acres, as gen21 erally depicted on a map titled ‘Redcloud and 

22 Handies Peak Proposed Wildernesses’, dated Octo23 ber 21, 2010, which shall be known as the Handies 

24 Peak Wilderness. 


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1 ‘‘(27) Certain lands managed by the Royal 

2 Gorge Field Office of the Bureau of Land Manage3 ment or located in the Pike National Forest which 

4 comprise approximately 19,825 acres, as generally 

5 depicted on a map titled ‘Browns Canyon Proposed 

6 Wilderness Area’, dated October 20, 2010, which 

7 shall be known as the Browns Canyon Wilderness. 

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

9 Gorge Field Office of the Bureau of Land Manage10 ment which comprise approximately 16,690 acres, as 

11 generally depicted on a map titled ‘McIntyre Hills 

12 Proposed Wilderness Area’, dated October 20, 2010, 

13 which shall be known as the McIntyre Hills Wilder14 ness. 

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

16 Springs Field Office of the Bureau of Land Manage17 ment which comprise approximately 11,701 acres, as 

18 generally depicted on a map titled ‘Grand Hogback 

19 Proposed Wilderness Area’, dated May 31, 2011, 

20 which shall be known as the Grand Hogback Wilder21 ness. 

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

23 Springs Field Office of the Bureau of Land Manage24 ment or located in the White River National Forest 

25 which comprise approximately 16,427 acres, as genVerDate Mar 15 2010 04:33 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2552.IH H2552

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1 erally depicted on a map titled ‘Deep Creek Pro2 posed Wilderness and Flat Tops Proposed Wilder3 ness Addition’ and dated is June 26, 2013, and 

4 which are hereby incorporated in and shall be 

5 deemed to be a part of the Flat Tops Wilderness 

6 designated by Public Law 94–146. 

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

8 Junction Field Office which comprise approximately 

9 25,881 acres, as generally depicted on a map titled 

10 ‘Demaree Canyon Proposed Wilderness Area’, dated 

11 May 31, 2011, which shall be known as the Demaree 

12 Canyon Wilderness. 

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

14 Junction Field Office which comprise approximately 

15 30,557 acres, as generally depicted on a map titled 

16 ‘South Shale Ridge and Little Book Cliffs Proposed 

17 Wilderness’, dated May 31, 2011, which shall be 

18 known as the Little Bookcliffs Wilderness. 

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

20 Junction Field Office which comprise approximately 

21 27,569 acres, as generally depicted on a map titled 

22 ‘South Shale Ridge and Little Book Cliffs Proposed 

23 Wilderness’, dated May 31, 2011, which shall be 

24 known as the South Shale Ridge Wilderness. 


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

2 Springs Field Office or located in the White River 

3 National Forest which comprise approximately 

4 20,843 acres, as generally depicted on a map titled 

5 ‘Deep Creek Proposed Wilderness and Flat Tops 

6 Proposed Wilderness Addition’ and dated is June 

7 26, 2013, upon being designated as wilderness as 

8 provided by section 3(h)(2) of the Colorado Wilder9 ness Act of 2013. 

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

11 Springs Field Office which comprise approximately 

12 15,679 acres, as generally depicted on a map titled 

13 ‘Pisgah Mountain Proposed Wilderness’ and date is 

14 June 26, 2013, upon being designated as wilderness 

15 as provided by section 3(h)(2) of the Colorado Wil16 derness Act of 2013.’’. 

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

18 the State of Colorado administered by the Bureau of Land 

19 Management or the United States Forest Service are here20 by designated as wilderness and, therefore, as components 

21 of the National Wilderness Preservation System: 

22 (1) Certain lands managed by the Colorado 

23 River Valley Field Office of the Bureau of Land 

24 Management or located in the White River National 

25 Forest: which comprise approximately 21,900 acres, 


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1 as generally depicted on a map titled ‘‘Assignation 

2 Ridge Proposed Wilderness Area’’, dated May 31, 

3 2011, which shall be known as the Thompson Creek 

4 Wilderness. 

5 (2) Certain lands managed by the Royal Gorge 

6 Field Office of the Bureau of Land Management 

7 which comprise approximately 20,950 acres, as gen8 erally depicted on a map titled ‘‘Badger Creek Pro9 posed Wilderness Area’’, dated October 20, 2010, 

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

12 (3) Certain lands managed by the Royal Gorge 

13 Field Office of the Bureau of Land Management 

14 which comprise approximately 33,425 acres, as gen15 erally depicted on a map titled ‘‘Beaver Creek Pro16 posed Wilderness Area’’, dated October 20, 2010, 

17 which shall be known as the Beaver Creek Wilder18 ness. 

19 (4) Certain lands managed by the Royal Gorge 

20 Field Office of the Bureau of Land Management or 

21 located in the San Isabel National Forest which 

22 comprise approximately 33,525 acres, as generally 

23 depicted on a map titled ‘‘Grape Creek Proposed 

24 Wilderness Area’’, October 20, 2010, which shall be 

25 known as the Grape Creek Wilderness. 


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1 (5) Certain lands managed by the Grand Junc2 tion Field Office of the Bureau of Land Manage3 ment which comprise approximately 21,110 acres, as 

4 generally depicted on a map titled ‘‘Bangs Canyon 

5 Proposed Wilderness Area’’, dated May 31, 2011, 

6 which shall be known as the Bangs Canyon Wilder7 ness. 

8 (6) Certain lands managed by the Grand Junc9 tion Field Office of the Bureau of Land Manage10 ment which comprise approximately 14,089 acres, as 

11 generally depicted on a map titled ‘‘Granite Creek, 

12 Unaweep and Palisade Proposed Wilderness’’, dated 

13 June 14, 2011, which shall be known as the Granite 

14 Creek Wilderness. 

15 (7) Certain lands managed by the Grand Junc16 tion Field Office of the Bureau of Land Manage17 ment which comprise approximately 26,914 acres, as 

18 generally depicted on a map titled ‘‘Granite Creek, 

19 Unaweep and Palisade Proposed Wilderness’’, dated 

20 June 14, 2011, which shall be known as the Pali21 sade Wilderness. 

22 (8) Certain lands managed by the Grand Junc23 tion Field Office of the Bureau of Land Manage24 ment or located in the Uncompahgre National For25 est, which comprise approximately 39,392 acres, as 


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1 generally depicted on a map titled ‘‘Granite Creek, 

2 Unaweep and Palisade Proposed Wilderness’’, dated 

3 June 14, 2011, which shall be known as the 

4 Unaweep Wilderness. 

5 (9) Certain lands managed by the Grand Junc6 tion Field Office of the Bureau of Land Manage7 ment and San Juan Field Office and in the Manti8 LaSal National Forest which comprise approxi9 mately 65,448 acres, as generally depicted on a map 

10 titled ‘‘Sewemup Mesa Proposed Wilderness Area’’, 

11 dated May 31, 2011, which shall be known as the 

12 Sewemup Mesa Wilderness. 

13 (10) Certain lands managed by the Kremmling 

14 Field Office of the Bureau of Land Management 

15 which comprise approximately 33 acres, as generally 

16 depicted on a map titled ‘‘Platte River Addition Pro17 posed Wilderness Area’’, dated May 31, 2011, and 

18 which are hereby incorporated in and shall be 

19 deemed to be part of the Platte River Wilderness 

20 designated by Public Law 98–550. 

21 (11) Certain lands managed by the 

22 Uncompahgre Field Office of the Bureau of Land 

23 Management or located in the Uncompahgre Na24 tional Forest which comprise approximately 22,604 

25 acres, as generally depicted on a map titled 


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1 ‘‘Roubideau Proposed Wilderness Area’’, dated May 

2 31, 2011, which shall be known as the Roubideau 

3 Wilderness. 

4 (12) Certain lands managed by the 

5 Uncompahgre Field Office of the Bureau of Land 

6 Management or located in the Uncompahgre Na7 tional Forest which comprise approximately 13,288 

8 acres, as generally depicted on a map titled ‘‘Nor9 wood Canyon Proposed Wilderness Area’’, dated 

10 May 31, 2011, which shall be known as the Norwood 

11 Canyon Wilderness. 

12 (13) Certain lands managed by the San Juan 

13 Field Office of the Bureau of Land Management 

14 which comprise approximately 25,947 acres, as gen15 erally depicted on a map titled ‘‘Cross Canyon Pro16 posed Wilderness Area’’, dated May 31, 2011, which 

17 shall be known as the Cross Canyon Wilderness. 

18 (14) Certain lands managed by the San Juan 

19 Field Office of the Bureau of Land Management 

20 which comprise approximately 33,467 acres, as gen21 erally depicted on a map titled ‘‘McKenna Peak Pro22 posed Wilderness Area’’, May 31, 2011, which shall 

23 be known as the McKenna Peak Wilderness. 

24 (15) Certain lands managed by the San Juan 

25 Field Office of the Bureau of Land Management 


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1 Certain lands which comprise approximately 14,598 

2 acres, as generally depicted on a map titled ‘‘Weber3 Menefee Mountain Proposed Wilderness Area’’, 

4 dated May 31, 2011, which shall be known as the 

5 Weber-Menefee Mountain Wilderness. 

6 (16) Certain lands managed by the 

7 Uncompahgre and San Juan Field Offices of the 

8 Bureau of Land Management which comprise ap9 proximately 41,133 acres, as generally depicted on a 

10 map titled ‘‘Dolores River Canyon Proposed Wilder11 ness Area’’, dated May 31, 2011, which shall be 

12 known as the Dolores River Canyon Wilderness. 

13 (17) Certain lands managed by the San Juan 

14 Field Office of the Bureau of Land Management or 

15 located in the San Juan National Forest which com16 prise approximately 32,050 acres, as generally de17 picted on a map titled ‘‘Snaggletooth Proposed Wil18 derness Area’’, dated May 31, 2011, which shall be 

19 known as the Snaggletooth Wilderness. 

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

21 State of Colorado administered by the Gunnison Field Of22 fice of the Bureau of Land Management, the United 

23 States Forest Service, and the Bureau of Reclamation 

24 which comprise approximately 5,000 acres, as generally 

25 depicted on a map titled ‘‘West Elk Addition Proposed 


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1 Wilderness Area’’, dated December 13, 2010, are hereby 

2 designated as wilderness and, therefore, as components of 

3 the National Wilderness Preservation System and are 

4 hereby incorporated in and shall be deemed to be a part 

5 of the West Elk Wilderness designated by Public Law 88– 

6 577. The boundary adjacent to Blue Mesa Reservoir shall 

7 be 50 feet landward from the water’s edge, and shall 

8 change according to the water level. 

9 (d) BLUE MESA RESERVOIR.—If the Bureau of Rec10 lamation determines that lands within the West Elk Wil11 derness Addition are necessary for future expansion of the 

12 Blue Mesa Reservoir, the Secretary shall by publication 

13 of a revised boundary description in the Federal Register 

14 revise the boundary of the West Elk Wilderness Addition. 

15 (e) MAPS AND DESCRIPTIONS.—As soon as prac16 ticable after the date of enactment of the Act, the Sec17 retary shall file a map and a boundary description of each 

18 area designated as wilderness by this section with the 

19 Committee on Natural Resources of the House of Rep20 resentatives and the Committee on Energy and Natural 

21 Resources of the Senate. Each map and boundary descrip22 tion shall have the same force and effect as if included 

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

24 and typographical errors in the map or boundary descrip25 tion. The maps and boundary descriptions shall be on file 


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1 and available for public inspection in the Office of the Di2 rector of the Bureau of Land Management, Department 

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

4 Service, Department of Agriculture, as appropriate. 

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

6 exterior boundaries of any wilderness area designated 

7 under this section that are owned by the State of Colorado 

8 or by a private entity shall be included within such wilder9 ness area if such lands are acquired by the United States. 

10 Such lands may be acquired by the United States only 

11 as provided in the Wilderness Act (16 U.S.C. 1131 et 

12 seq.). 

13 SEC. 3. ADMINISTRATIVE PROVISIONS. 

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

15 lands designated as wilderness by this Act shall be man16 aged by the Secretary in accordance with the Wilderness 

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

18 with respect to any wilderness areas designated by this 

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

20 date of the Wilderness Act shall be deemed to be a ref21 erence to the date of enactment of this Act. 

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

23 areas designated by this Act shall be administered in ac24 cordance with the provisions of section 4(d)(4) of the Wil25 derness Act (16 U.S.C. 1133(d)(4)), as further interVerDate Mar 15 2010 04:33 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2552.IH H2552

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1 preted by section 108 of Public Law 96–560, and the 

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

3 405 of the 101st Congress. 

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

5 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

6 nothing in this Act shall be construed as affecting the ju7 risdiction or responsibilities of the State of Colorado with 

8 respect to wildlife and fish in Colorado. 

9 (d) BUFFER ZONES.— 

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

11 a protective perimeter or buffer zone around any 

12 area designated as wilderness by section 2. 

13 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

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

15 designated as wilderness by section 2 can be seen or 

16 heard within the wilderness shall not preclude the 

17 activity or use outside the boundary of the wilder18 ness. 

19 (e) MILITARY HELICOPTER OVERFLIGHTS.— 

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

21 or precludes— 

22 (A) low-level overflights of military heli23 copters over the areas designated as wilderness 

24 by section 2, including military overflights that 


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1 can be seen or heard within any wilderness 

2 area; 

3 (B) military flight testing and evaluation; 

4 or 

5 (C) the designation or creation of new 

6 units of special use airspace, or the establish7 ment of military flight training routes over any 

8 wilderness area. 

9 (2) AERIAL NAVIGATION TRAINING EXER10 CISES.—The Colorado Army National Guard, 

11 through the High-Altitude Army National Guard 

12 Aviation Training Site, may conduct aerial naviga13 tion training maneuver exercises over the wilderness 

14 areas designated by this Act— 

15 (A) in a manner consistent with the memo16 randum of understanding dated August 4, 

17 1987, entered into among the Colorado Army 

18 National Guard, the Bureau of Land Manage19 ment, and the Forest Service; or 

20 (B) in a manner consistent with a subse21 quent memorandum of understanding entered 

22 into among the Colorado Army National Guard, 

23 the Bureau of Land Management, and the For24 est Service. 


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

2 to authorize competitive running events currently per3 mitted in the Redcloud Peak Wilderness Area and 

4 Handies Peak Wilderness Area in a manner compatible 

5 with the preservation of such areas as wilderness. 

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

7 owned land within the perimeter of the Redcloud Peak 

8 Wilderness Area or the Handies Peak Wilderness Area in 

9 exchange for Federal land, then such Federal land shall 

10 be located in Hinsdale County, Colorado. 

11 (h) POTENTIAL WILDERNESS DESIGNATIONS.— 

12 (1) IN GENERAL.—The following lands are des13 ignated as potential wilderness areas: 

14 (A) Certain lands managed by the Glen15 wood Springs Field Office or located in the 

16 White River National Forest which comprise 

17 approximately 20,843 acres, as generally de18 picted on a map titled ‘‘Deep Creek Proposed 

19 Wilderness and Flat Tops Proposed Wilderness 

20 Addition’’ and dated is June 26, 2013, which, 

21 upon designation as wilderness under para22 graph (2), shall be known as the Deep Creek 

23 Wilderness. 

24 (B) Certain lands managed by the Glen25 wood Springs Field Office which comprise apVerDate Mar 15 2010 04:33 Jul 03, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2552.IH H2552

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1 proximately 15,679 acres, as generally depicted 

2 on a map titled ‘‘Pisgah Mountain Proposed 

3 Wilderness’’ and date is June 26, 2013, which, 

4 upon designation as wilderness under para5 graph (2), shall be known as the Pisgah Moun6 tain Wilderness. 

7 (2) DESIGNATION AS WILDERNESS.—Lands 

8 designated as a potential wilderness area by sub9 paragraph (A) or (B) of paragraph (1) shall be des10 ignated as wilderness on the date on which the Sec11 retary publishes in the Federal Register a notice 

12 that all nonconforming uses of those lands author13 ized by subsection (e) in the potential wilderness 

14 area that would be in violation of the Wilderness Act 

15 (16 U.S.C. 1131 et seq.) have ceased. Such publica16 tion in the Federal Register and designation as wil17 derness shall occur for the potential wilderness area 

18 as the nonconforming uses cease in that potential 

19 wilderness area and designation as wilderness is not 

20 dependent on cessation of nonconforming uses in the 

21 other potential wilderness area. 

22 (3) MANAGEMENT.—Except for activities pro23 vided for under subsection (e), lands designated as 

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

25 managed by the Secretary in accordance with the 


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1 Wilderness Act as wilderness pending the designa2 tion of such lands as wilderness under this sub3 section. 

4 SEC. 4. WATER. 

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

6 Act— 

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

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

9 water right, or interest in water; 

10 (2) affects any vested absolute or decreed condi11 tional water right in existence on the date of enact12 ment of this Act, including any water right held by 

13 the United States; 

14 (3) affects any interstate water compact in ex15 istence on the date of enactment of this Act; 

16 (4) authorizes or imposes any new reserved 

17 Federal water rights; and 

18 (5) shall be considered to be a relinquishment 

19 or reduction of any water rights reserved or appro20 priated by the United States in the State on or be21 fore the date of the enactment of this Act. 

22 (b) MIDSTREAM AREAS.— 

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

24 is to protect for the benefit and enjoyment of 

25 present and future generations— 


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1 (A) the unique and nationally important 

2 values of areas designated as wilderness by sec3 tion 2(b) (including the geological, cultural, ar4 chaeological, paleontological, natural, scientific, 

5 recreational, environmental, biological, wilder6 ness, wildlife, riparian, historical, educational, 

7 and scenic resources of the public land); and 

8 (B) the water resources of area streams, 

9 based on seasonally available flows, that are 

10 necessary to support aquatic, riparian, and ter11 restrial species and communities. 

12 (2) WILDERNESS WATER RIGHTS.— 

13 (A) IN GENERAL.—The Secretary shall en14 sure that any water rights within the wilderness 

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

16 purposes of such wilderness are secured in ac17 cordance with subparagraphs (B) through (G). 

18 (B) STATE LAW.— 

19 (i) PROCEDURAL REQUIREMENTS.— 

20 Any water rights for which the Secretary 

21 pursues adjudication shall be appropriated, 

22 adjudicated, changed, and administered in 

23 accordance with the procedural require24 ments and priority system of State law. 


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1 (ii) ESTABLISHMENT OF WATER

2 RIGHTS.— 

3 (I) IN GENERAL.—Except as pro4 vided in subclause (II), the purposes 

5 and other substantive characteristics 

6 of the water rights pursued under this 

7 paragraph shall be established in ac8 cordance with State law. 

9 (II) EXCEPTION.—Notwith10 standing subclause (I) and in accord11 ance with this Act, the Secretary may 

12 appropriate and seek adjudication of 

13 water rights to maintain surface water 

14 levels and stream flows on and across 

15 the wilderness designated by section 

16 2(b) to fulfill the purposes of such 

17 wilderness. 

18 (C) DEADLINE.—The Secretary shall 

19 promptly, but not earlier than January 1, 2016, 

20 appropriate the water rights required to fulfill 

21 the purposes of the wilderness designated by 

22 section 2(b). 

23 (D) REQUIRED DETERMINATION.—The 

24 Secretary shall not pursue adjudication for any 

25 instream flow water rights unless the Secretary 


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1 makes a determination pursuant to subpara2 graph (E)(ii) or (F). 

3 (E) COOPERATIVE ENFORCEMENT.— 

4 (i) IN GENERAL.—The Secretary shall 

5 not pursue adjudication of any Federal 

6 instream flow water rights established 

7 under this paragraph if— 

8 (I) the Secretary determines, 

9 upon adjudication of the water rights 

10 by the Colorado Water Conservation 

11 Board, that the Board holds water 

12 rights sufficient in priority, amount, 

13 and timing to fulfill the purposes of 

14 this subsection; and 

15 (II) the Secretary has entered 

16 into a perpetual agreement with the 

17 Colorado Water Conservation Board 

18 to ensure full exercise, protection, and 

19 enforcement of the State water rights 

20 within the Wilderness to reliably fulfill 

21 the purposes of this subsection. 

22 (ii) ADJUDICATION.—If the Secretary 

23 determines that the provisions of clause (i) 

24 have not been met, the Secretary shall ad25 judicate and exercise any Federal water 


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1 rights required to fulfill the purposes of 

2 the Wilderness in accordance with this 

3 paragraph. 

4 (F) INSUFFICIENT WATER RIGHTS.—If the 

5 Colorado Water Conservation Board modifies 

6 the instream flow water rights obtained under 

7 subparagraph (E) to such a degree that the 

8 Secretary determines that water rights held by 

9 the State are insufficient to fulfill the purposes 

10 of this Act, the Secretary shall adjudicate and 

11 exercise Federal water rights required to fulfill 

12 the purposes of this Act in accordance with sub13 paragraph (B). 

14 (G) FAILURE TO COMPLY.—The Secretary 

15 shall promptly act to exercise and enforce the 

16 water rights described in subparagraph (E) if 

17 the Secretary determines that— 

18 (i) the State is not exercising its 

19 water rights consistent with subparagraph 

20 (E)(i)(I); or 

21 (ii) the agreement described in sub22 paragraph (E)(i)(II) is not fulfilled or com23 plied with sufficiently to fulfill the pur24 poses of this Act. 


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1 (3) WATER RESOURCE FACILITY.—Notwith2 standing any other provision of law, beginning on 

3 the date of enactment of this Act, neither the Presi4 dent nor any other officer, employee, or agent of the 

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

6 a license or permit for development of any new irri7 gation and pumping facility, reservoir, water con8 servation work, aqueduct, canal, ditch, pipeline, well, 

9 hydropower project, transmission, other ancillary fa10 cility, or other water, diversion, storage, or carriage 

11 structure in the wilderness designated by section 

12 2(b). 

13 (c) ACCESS AND OPERATION.— 

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

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

16 and pumping facilities, reservoirs, water conserva17 tion works, aqueducts, canals, ditches, pipelines, 

18 wells, hydropower projects, and transmission and 

19 other ancillary facilities, and other water diversion, 

20 storage, and carriage structures. 

21 (2) ACCESS TO WATER RESOURCE FACILI22 TIES.—Subject to the provisions of this subsection, 

23 the Secretary shall allow reasonable access to water 

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1 tions 2(b) and 2(c), including motorized access 

2 where necessary and customarily employed on routes 

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

4 (3) ACCESS ROUTES.—Existing access routes 

5 within such areas customarily employed as of the 

6 date of enactment of this Act may be used, main7 tained, repaired, and replaced to the extent nec8 essary to maintain their present function, design, 

9 and serviceable operation, so long as such activities 

10 have no increased adverse impacts on the resources 

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

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

13 this Act. 

14 (4) USE OF WATER RESOURCE FACILITIES.— 

15 Subject to the provisions of this subsection and sub16 section (a)(4), the Secretary shall allow water re17 source facilities existing on the date of enactment of 

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

19 2(c) to be used, operated, maintained, repaired, and 

20 replaced to the extent necessary for the continued 

21 exercise, in accordance with Colorado State law, of 

22 vested water rights adjudicated for use in connection 

23 with such facilities by a court of competent jurisdic24 tion prior to the date of enactment of this Act. The 

25 impact of an existing facility on the water resources 


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25 

•HR 2552 IH

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

2 result of changes in the adjudicated type of use of 

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

4 (5) REPAIR AND MAINTENANCE.—Water re5 source facilities, and access routes serving such fa6 cilities, existing within the areas described in sec7 tions 2(b) and 2(c) on the date of enactment of this 

8 Act shall be maintained and repaired when and to 

9 the extent necessary to prevent increased adverse 

10 impacts on the resources and values of the areas de11 scribed in sections 2(b) and 2(c). 

Æ 


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