69–010 

Calendar No. 66 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–53 

BOLTS DITCH ACCESS AND USE ACT 

MAY 9, 2017.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 285] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 285) to insure adequate use and access to the 

existing Bolts Ditch headgate and ditch segment within the Holy 

Cross Wilderness in Eagle County, Colorado, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 285 is to ensure adequate use and access to 

the existing Bolts Ditch headgate and ditch segment within the 

Holy Cross Wilderness in Eagle County, Colorado. 

BACKGROUND AND NEED

When Congress authorized and designated the Holy Cross Wilderness Area in 1980, Bolts Ditch was inadvertently not included 

on the list of existing water facilities. Bolts Lake is an existing 

water facility in Minturn, Colorado, outside of the Wilderness Area, 

which can only be filled using the Bolts ditch and headgate. S. 285 

would allow for a special use permit to be granted to the Town of 

Minturn, Colorado, for access to the ditch and headgate within the 

Wilderness Area. 

LEGISLATIVE HISTORY

S. 285 was introduced by Senator Gardner on February 2, 2017. 

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An identical bill, H.R. 689, was introduced in the House of Representatives by Representative Polis on January 24, 2017. H.R. 689 

passed the House on February 6, 2017. 

In the 114th Congress, a similar measure, S. 2524, was introduced by Senators Gardner and Bennet on February 9, 2016. On 

May 17, 2016, the Subcommittee on Water and Power held a hearing on S. 2524. The Senate Committee on Energy and Natural Resources met in open business session on July 13, 2016, and ordered 

S. 2524 favorably reported as amended. 

A companion measure, H.R. 4510, was introduced in the House 

of Representatives by Representatives Polis, Lamborn, and Tipton 

on February 9, 2016. On February 25, 2016, the House Natural Resources Committee Subcommittee on Federal Lands held a hearing 

on H.R. 4510. 

The Committee on Energy and Natural Resources met in open 

business session on March 30, 2017, and ordered S. 285 and H.R. 

689 favorably reported without amendment. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on March 30, 2017, by a majority voice vote 

of a quorum present, recommends that the Senate pass S. 285. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides a short title. 

Section 2. Bolts Ditch access 

Section 2 grants access and use by special use authorization to 

Bolts Ditch and the Bolts Ditch Headgate within the Holy Cross 

Wilderness, Colorado as designated by Public Law 96–560 and as 

depicted on the referenced map for the purposes of the diversion of 

water and use, maintenance, and repair of such ditch and headgate 

to the Town of Minturn, Colorado. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the costs of this measure has been provided by the Congressional Budget Office: 

S. 285—Bolts Ditch Access and Use Act 

S. 285 would require the Forest Service to provide a special use 

authorization to the town of Minturn, Colorado, to allow the town 

to manage and maintain a headgate used to divert water to Bolts 

Lake. Based on an analysis of information from the Forest Service, 

CBO estimates that enacting the legislation would increase offsetting receipts from annual fees associated with the authorization by 

about $150 a year; therefore, pay-as-you-go procedures apply. Enacting the legislation would not affect revenues. 

CBO estimates that enacting S. 285 would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2028. 

S. 285 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would benefit the town of Minturn, Colorado; it would give the town easier 

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access to the Bolts Ditch headgate so that it could repair and maintain the town’s water supply. 

On April 7, 2017, CBO transmitted a cost estimate for H.R. 689, 

the Bolts Ditch Access and Use Act, as ordered reported by the 

Senate Committee on Energy and Natural Resources on March 30, 

2017. S. 285 and H.R. 689 are similar and CBO’s cost estimate for 

each piece of legislation is the same. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Assistant Director for Budget 

Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 285. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 285, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 285, as ordered reported, does not contain any congressionally 

directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

Because S. 285 is similar to legislation considered by the Committee in the 114th Congress, the Committee did not request Executive Agency views. The testimony provided by the U.S. Forest 

Service at the hearing before the Subcommittee on Water and 

Power hearing on May 17, 2016, follows: 

STATEMENT OF LESLIE WELDON, DEPUTY CHIEF, NATIONAL

FOREST SYSTEM, U.S. FOREST SERVICE, U.S. DEPARTMENT OF AGRICULTURE

S. 2524 seeks to resolve issues associated with the use 

and maintenance of Bolts Ditch near the Town of Minturn, 

Colorado. The headgate and approximately 450 lineal feet 

of the ditch are located within the Holy Cross Wilderness 

on the White River National Forest. The United States opposed two water rights application cases associated with 

this ditch in 2006 and 2007. Subsequently, the United 

States and the applicants reached a stipulated agreement 

and settlement in both cases; where it was agreed that the 

point of diversion would be removed from the Holy Cross 

Wilderness unless (1) the point of diversion in the Holy 

Cross Wilderness is specifically authorized by the President, (2) the Holy Cross Wilderness boundary is altered to 

exclude the point of diversion from the Wilderness area, or 

(3) the point of diversion is confirmed by Congress to be 

specifically included as a part of the authorization of the 

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Homestake Reservoir Project within the Holy Cross Wilderness Area. 

S. 2524 would direct the Secretary of Agriculture to 

issue a special use permit to the Town of Minturn authorizing non-motorized access to use and perform routine 

maintenance on the Bolts Ditch headgate and 450 lineal 

feet of Bolts Ditch in accordance with US Forest Service 

wilderness regulation. This bill does not authorize new 

construction or reconstruction. 

S. 2524 has the support of Eagle County, the Colorado 

River District, and local and national wilderness advocacy 

organizations. 

The Department does not oppose S. 2524. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill as ordered reported. 

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