IB 

Union Calendar No. 304 

112TH CONGRESS 

2D SESSION H. R. 2050 

[Report No. 112–437] 

To authorize the continued use of certain water diversions located on National 

Forest System land in the Frank Church-River of No Return Wilderness 

and the Selway-Bitterroot Wilderness in the State of Idaho, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2011 

Mr. SIMPSON introduced the following bill; which was referred to the 

Committee on Natural Resources 

APRIL 16, 2012 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To authorize the continued use of certain water diversions 

located on National Forest System land in the Frank 

Church-River of No Return Wilderness and the SelwayBitterroot Wilderness in the State of Idaho, and for 

other purposes. 


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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. 

4 This Act may be cited as the ‘‘Idaho Wilderness 

5 Water Resources Protection Act’’. 

6 SEC. 2. TREATMENT OF EXISTING WATER DIVERSIONS IN 

7 FRANK CHURCH-RIVER OF NO RETURN WIL8 DERNESS AND SELWAY-BITTERROOT WIL9 DERNESS, IDAHO. 

10 (a) AUTHORIZATION FOR CONTINUED USE.—The 

11 Secretary of Agriculture shall issue a special use author12 ization to the owners of a water storage, transport, or di13 version facility (in this section referred to as a ‘‘facility’’) 

14 located on National Forest System land in the Frank 

15 Church-River of No Return Wilderness and the Selway16 Bitterroot Wilderness for the continued operation, mainte17 nance, and reconstruction of the facility if the Secretary 

18 determines that— 

19 (1) the facility was in existence on the date on 

20 which the land upon which the facility is located was 

21 designated as part of the National Wilderness Pres22 ervation System (in this section referred to as ‘‘the 

23 date of designation’’); 

24 (2) the facility has been in substantially contin25 uous use to deliver water for the beneficial use on 


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1 the owner’s non-Federal land since the date of des2 ignation; 

3 (3) the owner of the facility holds a valid water 

4 right for use of the water on the owner’s non-Fed5 eral land under Idaho State law, with a priority date 

6 that predates the date of designation; and 

7 (4) it is not practicable or feasible to relocate 

8 the facility to land outside of the wilderness and 

9 continue the beneficial use of water on the non-Fed10 eral land recognized under State law. 

11 (b) TERMS AND CONDITIONS.— 

12 (1) REQUIRED TERMS AND CONDITIONS.—In a 

13 special use authorization issued under subsection 

14 (a), the Secretary shall— 

15 (A) allow use of motorized equipment and 

16 mechanized transport for operation, mainte17 nance, or reconstruction of a facility, if the Sec18 retary determines that— 

19 (i) the use is necessary to allow the 

20 facility to continue delivery of water to the 

21 non-Federal land for the beneficial uses 

22 recognized by the water right held under 

23 Idaho State law; and 


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1 (ii) the use of nonmotorized equip2 ment and nonmechanized transport is im3 practicable or infeasible; and 

4 (B) preclude use of the facility for the 

5 storage, diversion, or transport of water in ex6 cess of the water right recognized by the State 

7 of Idaho on the date of designation. 

8 (2) DISCRETIONARY TERMS AND CONDI9 TIONS.—In a special use authorization issued under 

10 subsection (a), the Secretary may— 

11 (A) require or allow modification or reloca12 tion of the facility in the wilderness, as the Sec13 retary determines necessary, to reduce impacts 

14 to wilderness values set forth in section 2 of the 

15 Wilderness Act (16 U.S.C. 1131) if the bene16 ficial use of water on the non-Federal land is 

17 not diminished; and 

18 (B) require that the owner provide a recip19 rocal right of access across the non-Federal 

20 property, in which case, the owner shall receive 

21 market value for any right-of-way or other in22 terest in real property conveyed to the United 

23 States, and market value may be paid by the 

24 Secretary, in whole or in part, by the grant of 

25 a reciprocal right-of-way, or by reduction of fees 


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1 or other costs that may accrue to the owner to 

2 obtain the authorization for water facilities. 


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Union Calendar No. 304 

112TH CONGRESS 

2D SESSION H. R. 2050 

[Report No. 112–437] 

A BILL 

To authorize the continued use of certain water diState of Idaho, and for other purposes. ness and the Selway-Bitterroot Wilderness in the in the Frank Church-River of No Return Wilder- versions located on National Forest System land 

APRIL 16, 2012 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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