I 

114TH CONGRESS 

1ST SESSION H. R. 3336 

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 

JULY 29, 2015 

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 2015’’. 

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 which comprise approximately 16,690 acres, as 

4 generally depicted on a map titled ‘McIntyre Hills 

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

6 which shall be known as the McIntyre Hills Wilder7 ness. 

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

9 Springs Field Office of the Bureau of Land Manage10 ment which comprise approximately 11,701 acres, as 

11 generally depicted on a map titled ‘Grand Hogback 

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

13 which shall be known as the Grand Hogback Wilder14 ness. 

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

16 Springs Field Office of the Bureau of Land Manage17 ment or located in the White River National Forest 

18 which comprise approximately 16,427 acres, as gen19 erally depicted on a map titled ‘Deep Creek Pro20 posed Wilderness and Flat Tops Proposed Wilder21 ness Addition’ and dated is June 26, 2013, and 

22 which are hereby incorporated in and shall be 

23 deemed to be a part of the Flat Tops Wilderness 

24 designated by Public Law 94–146. 


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1 ‘‘(30) Certain lands managed by the Grand 

2 Junction Field Office which comprise approximately 

3 25,881 acres, as generally depicted on a map titled 

4 ‘Demaree Canyon Proposed Wilderness Area’, dated 

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

6 Canyon Wilderness. 

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

8 Junction Field Office which comprise approximately 

9 30,557 acres, as generally depicted on a map titled 

10 ‘South Shale Ridge and Little Book Cliffs Proposed 

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

12 known as the Little Bookcliffs Wilderness. 

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

14 Junction Field Office which comprise approximately 

15 27,569 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 South Shale Ridge Wilderness. 

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

20 Springs Field Office or located in the White River 

21 National Forest which comprise approximately 

22 20,843 acres, as generally depicted on a map titled 

23 ‘Deep Creek Proposed Wilderness and Flat Tops 

24 Proposed Wilderness Addition’ and dated is June 

25 26, 2013, upon being designated as wilderness as 


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1 provided by section 3(h)(2) of the Colorado Wilder2 ness Act of 2015. 

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

4 Springs Field Office which comprise approximately 

5 15,679 acres, as generally depicted on a map titled 

6 ‘Pisgah Mountain Proposed Wilderness’ and date is 

7 June 26, 2013, upon being designated as wilderness 

8 as provided by section 3(h)(2) of the Colorado Wil9 derness Act of 2015.’’. 

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

11 the State of Colorado administered by the Bureau of Land 

12 Management or the United States Forest Service are here13 by designated as wilderness and, therefore, as components 

14 of the National Wilderness Preservation System: 

15 (1) Certain lands managed by the Colorado 

16 River Valley Field Office of the Bureau of Land 

17 Management or located in the White River National 

18 Forest: which comprise approximately 21,900 acres, 

19 as generally depicted on a map titled ‘‘Assignation 

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

21 2011, which shall be known as the Thompson Creek 

22 Wilderness. 

23 (2) Certain lands managed by the Royal Gorge 

24 Field Office of the Bureau of Land Management 

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1 erally depicted on a map titled ‘‘Badger Creek Pro2 posed Wilderness Area’’, dated October 20, 2010, 

3 which shall be known as the Badger Creek Wilder4 ness. 

5 (3) Certain lands managed by the Royal Gorge 

6 Field Office of the Bureau of Land Management 

7 which comprise approximately 33,425 acres, as gen8 erally depicted on a map titled ‘‘Beaver Creek Pro9 posed Wilderness Area’’, dated October 20, 2010, 

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 located in the San Isabel National Forest which 

15 comprise approximately 33,525 acres, as generally 

16 depicted on a map titled ‘‘Grape Creek Proposed 

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

18 known as the Grape Creek Wilderness. 

19 (5) Certain lands managed by the Grand Junc20 tion Field Office of the Bureau of Land Manage21 ment which comprise approximately 21,110 acres, as 

22 generally depicted on a map titled ‘‘Bangs Canyon 

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

24 which shall be known as the Bangs Canyon Wilder25 ness. 


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1 (6) Certain lands managed by the Grand Junc2 tion Field Office of the Bureau of Land Manage3 ment which comprise approximately 14,089 acres, as 

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

5 Unaweep and Palisade Proposed Wilderness’’, dated 

6 May 31, 2011, which shall be known as the Granite 

7 Creek Wilderness. 

8 (7) Certain lands managed by the Grand Junc9 tion Field Office of the Bureau of Land Manage10 ment which comprise approximately 26,914 acres, as 

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

12 Unaweep and Palisade Proposed Wilderness’’, dated 

13 May 31, 2011, which shall be known as the Palisade 

14 Wilderness. 

15 (8) Certain lands managed by the Grand Junc16 tion Field Office of the Bureau of Land Manage17 ment or located in the Uncompahgre National For18 est, which comprise approximately 39,392 acres, as 

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

20 Unaweep and Palisade Proposed Wilderness’’, dated 

21 May 31, 2011, which shall be known as the 

22 Unaweep Wilderness. 

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1 LaSal National Forest which comprise approxi2 mately 65,448 acres, as generally depicted on a map 

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

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

5 Sewemup Mesa Wilderness. 

6 (10) Certain lands managed by the Kremmling 

7 Field Office of the Bureau of Land Management 

8 which comprise approximately 33 acres, as generally 

9 depicted on a map titled ‘‘Platte River Addition Pro10 posed Wilderness Area’’, dated May 31, 2011, and 

11 which are hereby incorporated in and shall be 

12 deemed to be part of the Platte River Wilderness 

13 designated by Public Law 98–550. 

14 (11) Certain lands managed by the 

15 Uncompahgre Field Office of the Bureau of Land 

16 Management or located in the Uncompahgre Na17 tional Forest which comprise approximately 22,604 

18 acres, as generally depicted on a map titled 

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

20 31, 2011, which shall be known as the Roubideau 

21 Wilderness. 

22 (12) Certain lands managed by the 

23 Uncompahgre Field Office of the Bureau of Land 

24 Management or located in the Uncompahgre Na25 tional Forest which comprise approximately 13,288 


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1 acres, as generally depicted on a map titled ‘‘Nor2 wood Canyon Proposed Wilderness Area’’, dated 

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

4 Canyon Wilderness. 

5 (13) Certain lands managed by the San Juan 

6 Field Office of the Bureau of Land Management 

7 which comprise approximately 25,947 acres, as gen8 erally depicted on a map titled ‘‘Cross Canyon Pro9 posed Wilderness Area’’, dated May 31, 2011, which 

10 shall be known as the Cross Canyon Wilderness. 

11 (14) Certain lands managed by the San Juan 

12 Field Office of the Bureau of Land Management 

13 which comprise approximately 33,467 acres, as gen14 erally depicted on a map titled ‘‘McKenna Peak Pro15 posed Wilderness Area’’, May 31, 2011, which shall 

16 be known as the McKenna Peak Wilderness. 

17 (15) Certain lands managed by the San Juan 

18 Field Office of the Bureau of Land Management 

19 which comprise approximately 14,598 acres, as gen20 erally depicted on a map titled ‘‘Weber-Menefee 

21 Mountain Proposed Wilderness Area’’, dated May 

22 31, 2011, which shall be known as the Weber23 Menefee Mountain Wilderness. 

24 (16) Certain lands managed by the 

25 Uncompahgre and San Juan Field Offices of the 


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1 Bureau of Land Management which comprise ap2 proximately 41,133 acres, as generally depicted on a 

3 map titled ‘‘Dolores River Canyon Proposed Wilder4 ness Area’’, dated May 31, 2011, which shall be 

5 known as the Dolores River Canyon Wilderness. 

6 (17) Certain lands managed by the San Juan 

7 Field Office of the Bureau of Land Management or 

8 located in the San Juan National Forest which com9 prise approximately 32,050 acres, as generally de10 picted on a map titled ‘‘Snaggletooth Proposed Wil11 derness Area’’, dated May 31, 2011, which shall be 

12 known as the Snaggletooth Wilderness. 

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

14 State of Colorado administered by the Gunnison Field Of15 fice of the Bureau of Land Management, the United 

16 States Forest Service, and the Bureau of Reclamation 

17 which comprise approximately 5,000 acres, as generally 

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

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

20 designated as wilderness and, therefore, as components of 

21 the National Wilderness Preservation System and are 

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

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

24 577. The boundary adjacent to Blue Mesa Reservoir shall 


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

2 change according to the water level. 

3 (d) BLUE MESA RESERVOIR.—If the Bureau of Rec4 lamation determines that lands within the West Elk Wil5 derness Addition are necessary for future expansion of the 

6 Blue Mesa Reservoir, the Secretary shall by publication 

7 of a revised boundary description in the Federal Register 

8 revise the boundary of the West Elk Wilderness Addition. 

9 (e) MAPS AND DESCRIPTIONS.—As soon as prac10 ticable after the date of enactment of the Act, the Sec11 retary shall file a map and a boundary description of each 

12 area designated as wilderness by this section with the 

13 Committee on Natural Resources of the House of Rep14 resentatives and the Committee on Energy and Natural 

15 Resources of the Senate. Each map and boundary descrip16 tion shall have the same force and effect as if included 

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

18 and typographical errors in the map or boundary descrip19 tion. The maps and boundary descriptions shall be on file 

20 and available for public inspection in the Office of the Di21 rector of the Bureau of Land Management, Department 

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

23 Service, Department of Agriculture, as appropriate. 

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

25 exterior boundaries of any wilderness area designated 


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

2 or by a private entity shall be included within such wilder3 ness area if such lands are acquired by the United States. 

4 Such lands may be acquired by the United States only 

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

6 seq.). 

7 SEC. 3. ADMINISTRATIVE PROVISIONS. 

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

9 lands designated as wilderness by this Act shall be man10 aged by the Secretary in accordance with the Wilderness 

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

12 with respect to any wilderness areas designated by this 

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

14 date of the Wilderness Act shall be deemed to be a ref15 erence to the date of enactment of this Act. 

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

17 areas designated by this Act shall be administered in ac18 cordance with the provisions of section 4(d)(4) of the Wil19 derness Act (16 U.S.C. 1133(d)(4)), as further inter20 preted by section 108 of Public Law 96–560, and the 

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

22 405 of the 101st Congress. 

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

24 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

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1 risdiction or responsibilities of the State of Colorado with 

2 respect to wildlife and fish in Colorado. 

3 (d) BUFFER ZONES.— 

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

5 a protective perimeter or buffer zone around any 

6 area designated as wilderness by section 2. 

7 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

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

9 designated as wilderness by section 2 can be seen or 

10 heard within the wilderness shall not preclude the 

11 activity or use outside the boundary of the wilder12 ness. 

13 (e) MILITARY HELICOPTER OVERFLIGHTS.— 

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

15 or precludes— 

16 (A) low-level overflights of military heli17 copters over the areas designated as wilderness 

18 by section 2, including military overflights that 

19 can be seen or heard within any wilderness 

20 area; 

21 (B) military flight testing and evaluation; 

22 or 

23 (C) the designation or creation of new 

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1 ment of military flight training routes over any 

2 wilderness area. 

3 (2) AERIAL NAVIGATION TRAINING EXER4 CISES.—The Colorado Army National Guard, 

5 through the High-Altitude Army National Guard 

6 Aviation Training Site, may conduct aerial naviga7 tion training maneuver exercises over the wilderness 

8 areas designated by this Act— 

9 (A) in a manner consistent with the memo10 randum of understanding dated August 4, 

11 1987, entered into among the Colorado Army 

12 National Guard, the Bureau of Land Manage13 ment, and the Forest Service; or 

14 (B) in a manner consistent with a subse15 quent memorandum of understanding entered 

16 into among the Colorado Army National Guard, 

17 the Bureau of Land Management, and the For18 est Service. 

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

20 to authorize competitive running events currently per21 mitted in the Redcloud Peak Wilderness Area and 

22 Handies Peak Wilderness Area in a manner compatible 

23 with the preservation of such areas as wilderness. 

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

25 owned land within the perimeter of the Redcloud Peak 


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1 Wilderness Area or the Handies Peak Wilderness Area in 

2 exchange for Federal land, then such Federal land shall 

3 be located in Hinsdale County, Colorado. 

4 (h) POTENTIAL WILDERNESS DESIGNATIONS.— 

5 (1) IN GENERAL.—The following lands are des6 ignated as potential wilderness areas: 

7 (A) Certain lands managed by the Glen8 wood Springs Field Office or located in the 

9 White River National Forest which comprise 

10 approximately 20,843 acres, as generally de11 picted on a map titled ‘‘Deep Creek Proposed 

12 Wilderness and Flat Tops Proposed Wilderness 

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

14 upon designation as wilderness under para15 graph (2), shall be known as the Deep Creek 

16 Wilderness. 

17 (B) Certain lands managed by the Glen18 wood Springs Field Office which comprise ap19 proximately 15,679 acres, as generally depicted 

20 on a map titled ‘‘Pisgah Mountain Proposed 

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

22 upon designation as wilderness under para23 graph (2), shall be known as the Pisgah Moun24 tain Wilderness. 


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1 (2) DESIGNATION AS WILDERNESS.—Lands 

2 designated as a potential wilderness area by sub3 paragraph (A) or (B) of paragraph (1) shall be des4 ignated as wilderness on the date on which the Sec5 retary publishes in the Federal Register a notice 

6 that all nonconforming uses of those lands author7 ized by subsection (e) in the potential wilderness 

8 area that would be in violation of the Wilderness Act 

9 (16 U.S.C. 1131 et seq.) have ceased. Such publica10 tion in the Federal Register and designation as wil11 derness shall occur for the potential wilderness area 

12 as the nonconforming uses cease in that potential 

13 wilderness area and designation as wilderness is not 

14 dependent on cessation of nonconforming uses in the 

15 other potential wilderness area. 

16 (3) MANAGEMENT.—Except for activities pro17 vided for under subsection (e), lands designated as 

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

19 managed by the Secretary in accordance with the 

20 Wilderness Act as wilderness pending the designa21 tion of such lands as wilderness under this sub22 section. 

23 SEC. 4. WATER. 

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

25 Act— 


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

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

3 water right, or interest in water; 

4 (2) affects any vested absolute or decreed condi5 tional water right in existence on the date of enact6 ment of this Act, including any water right held by 

7 the United States; 

8 (3) affects any interstate water compact in ex9 istence on the date of enactment of this Act; 

10 (4) authorizes or imposes any new reserved 

11 Federal water rights; and 

12 (5) shall be considered to be a relinquishment 

13 or reduction of any water rights reserved or appro14 priated by the United States in the State on or be15 fore the date of the enactment of this Act. 

16 (b) MIDSTREAM AREAS.— 

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

18 is to protect for the benefit and enjoyment of 

19 present and future generations— 

20 (A) the unique and nationally important 

21 values of areas designated as wilderness by sec22 tion 2(b) (including the geological, cultural, ar23 chaeological, paleontological, natural, scientific, 

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1 ness, wildlife, riparian, historical, educational, 

2 and scenic resources of the public land); and 

3 (B) the water resources of area streams, 

4 based on seasonally available flows, that are 

5 necessary to support aquatic, riparian, and ter6 restrial species and communities. 

7 (2) WILDERNESS WATER RIGHTS.— 

8 (A) IN GENERAL.—The Secretary shall en9 sure that any water rights within the wilderness 

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

11 purposes of such wilderness are secured in ac12 cordance with subparagraphs (B) through (G). 

13 (B) STATE LAW.— 

14 (i) PROCEDURAL REQUIREMENTS.— 

15 Any water rights for which the Secretary 

16 pursues adjudication shall be appropriated, 

17 adjudicated, changed, and administered in 

18 accordance with the procedural require19 ments and priority system of State law. 

20 (ii) ESTABLISHMENT OF WATER

21 RIGHTS.— 

22 (I) IN GENERAL.—Except as pro23 vided in subclause (II), the purposes 

24 and other substantive characteristics 

25 of the water rights pursued under this 


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1 paragraph shall be established in ac2 cordance with State law. 

3 (II) EXCEPTION.—Notwith4 standing subclause (I) and in accord5 ance with this Act, the Secretary may 

6 appropriate and seek adjudication of 

7 water rights to maintain surface water 

8 levels and stream flows on and across 

9 the wilderness designated by section 

10 2(b) to fulfill the purposes of such 

11 wilderness. 

12 (C) DEADLINE.—The Secretary shall 

13 promptly, but not earlier than January 1, 2018, 

14 appropriate the water rights required to fulfill 

15 the purposes of the wilderness designated by 

16 section 2(b). 

17 (D) REQUIRED DETERMINATION.—The 

18 Secretary shall not pursue adjudication for any 

19 instream flow water rights unless the Secretary 

20 makes a determination pursuant to subpara21 graph (E)(ii) or (F). 

22 (E) COOPERATIVE ENFORCEMENT.— 

23 (i) IN GENERAL.—The Secretary shall 

24 not pursue adjudication of any Federal 


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1 instream flow water rights established 

2 under this paragraph if— 

3 (I) the Secretary determines, 

4 upon adjudication of the water rights 

5 by the Colorado Water Conservation 

6 Board, that the Board holds water 

7 rights sufficient in priority, amount, 

8 and timing to fulfill the purposes of 

9 this subsection; and 

10 (II) the Secretary has entered 

11 into a perpetual agreement with the 

12 Colorado Water Conservation Board 

13 to ensure full exercise, protection, and 

14 enforcement of the State water rights 

15 within the Wilderness to reliably fulfill 

16 the purposes of this subsection. 

17 (ii) ADJUDICATION.—If the Secretary 

18 determines that the provisions of clause (i) 

19 have not been met, the Secretary shall ad20 judicate and exercise any Federal water 

21 rights required to fulfill the purposes of 

22 the Wilderness in accordance with this 

23 paragraph. 

24 (F) INSUFFICIENT WATER RIGHTS.—If the 

25 Colorado Water Conservation Board modifies 


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1 the instream flow water rights obtained under 

2 subparagraph (E) to such a degree that the 

3 Secretary determines that water rights held by 

4 the State are insufficient to fulfill the purposes 

5 of this Act, the Secretary shall adjudicate and 

6 exercise Federal water rights required to fulfill 

7 the purposes of this Act in accordance with sub8 paragraph (B). 

9 (G) FAILURE TO COMPLY.—The Secretary 

10 shall promptly act to exercise and enforce the 

11 water rights described in subparagraph (E) if 

12 the Secretary determines that— 

13 (i) the State is not exercising its 

14 water rights consistent with subparagraph 

15 (E)(i)(I); or 

16 (ii) the agreement described in sub17 paragraph (E)(i)(II) is not fulfilled or com18 plied with sufficiently to fulfill the pur19 poses of this Act. 

20 (3) WATER RESOURCE FACILITY.—Notwith21 standing any other provision of law, beginning on 

22 the date of enactment of this Act, neither the Presi23 dent nor any other officer, employee, or agent of the 

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

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1 gation and pumping facility, reservoir, water con2 servation work, aqueduct, canal, ditch, pipeline, well, 

3 hydropower project, transmission, other ancillary fa4 cility, or other water, diversion, storage, or carriage 

5 structure in the wilderness designated by section 

6 2(b). 

7 (c) ACCESS AND OPERATION.— 

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

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

10 and pumping facilities, reservoirs, water conserva11 tion works, aqueducts, canals, ditches, pipelines, 

12 wells, hydropower projects, and transmission and 

13 other ancillary facilities, and other water diversion, 

14 storage, and carriage structures. 

15 (2) ACCESS TO WATER RESOURCE FACILI16 TIES.—Subject to the provisions of this subsection, 

17 the Secretary shall allow reasonable access to water 

18 resource facilities in existence on the date of enact19 ment of this Act within the areas described in sec20 tions 2(b) and 2(c), including motorized access 

21 where necessary and customarily employed on routes 

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

23 (3) ACCESS ROUTES.—Existing access routes 

24 within such areas customarily employed as of the 

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1 tained, repaired, and replaced to the extent nec2 essary to maintain their present function, design, 

3 and serviceable operation, so long as such activities 

4 have no increased adverse impacts on the resources 

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

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

7 this Act. 

8 (4) USE OF WATER RESOURCE FACILITIES.— 

9 Subject to the provisions of this subsection and sub10 section (a)(4), the Secretary shall allow water re11 source facilities existing on the date of enactment of 

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

13 2(c) to be used, operated, maintained, repaired, and 

14 replaced to the extent necessary for the continued 

15 exercise, in accordance with Colorado State law, of 

16 vested water rights adjudicated for use in connection 

17 with such facilities by a court of competent jurisdic18 tion prior to the date of enactment of this Act. The 

19 impact of an existing facility on the water resources 

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

21 result of changes in the adjudicated type of use of 

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

23 (5) REPAIR AND MAINTENANCE.—Water re24 source facilities, and access routes serving such fa25 cilities, existing within the areas described in secVerDate Sep 11 2014 01:48 Aug 05, 2015 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3336.IH H3336

smartinez on DSK4TPTVN1PROD with BILLS
25 

•HR 3336 IH

1 tions 2(b) and 2(c) on the date of enactment of this 

2 Act shall be maintained and repaired when and to 

3 the extent necessary to prevent increased adverse 

4 impacts on the resources and values of the areas de5 scribed in sections 2(b) and 2(c). 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS