IIB 

113TH CONGRESS 

1ST SESSION H. R. 876 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2013 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Water Resources Protection Act’’. 

4 SEC. 2. TREATMENT OF EXISTING WATER DIVERSIONS IN 

5 FRANK CHURCH-RIVER OF NO RETURN WIL6 DERNESS AND SELWAY-BITTERROOT WIL7 DERNESS, IDAHO. 

8 (a) AUTHORIZATION FOR CONTINUED USE.—The 

9 Secretary of Agriculture shall issue a special use author10 ization to the owners of a water storage, transport, or di11 version facility (in this section referred to as a ‘‘facility’’) 

12 located on National Forest System land in the Frank 

13 Church-River of No Return Wilderness and the Selway14 Bitterroot Wilderness for the continued operation, mainte15 nance, and reconstruction of the facility if the Secretary 

16 determines that— 

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

18 which the land upon which the facility is located was 

19 designated as part of the National Wilderness Pres20 ervation System (in this section referred to as ‘‘the 

21 date of designation’’); 

22 (2) the facility has been in substantially contin23 uous use to deliver water for the beneficial use on 

24 the owner’s non-Federal land since the date of des25 ignation; 


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

2 right for use of the water on the owner’s non-Fed3 eral land under Idaho State law, with a priority date 

4 that predates the date of designation; and 

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

6 the facility to land outside of the wilderness and 

7 continue the beneficial use of water on the non-Fed8 eral land recognized under State law. 

9 (b) TERMS AND CONDITIONS.— 

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

11 special use authorization issued under subsection 

12 (a), the Secretary shall— 

13 (A) allow use of motorized equipment and 

14 mechanized transport for operation, mainte15 nance, or reconstruction of a facility, if the Sec16 retary determines that— 

17 (i) the use is necessary to allow the 

18 facility to continue delivery of water to the 

19 non-Federal land for the beneficial uses 

20 recognized by the water right held under 

21 Idaho State law; and 

22 (ii) the use of nonmotorized equip23 ment and nonmechanized transport is im24 practicable or infeasible; and 


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1 (B) preclude use of the facility for the 

2 storage, diversion, or transport of water in ex3 cess of the water right recognized by the State 

4 of Idaho on the date of designation. 

5 (2) DISCRETIONARY TERMS AND CONDI6 TIONS.—In a special use authorization issued under 

7 subsection (a), the Secretary may— 

8 (A) require or allow modification or reloca9 tion of the facility in the wilderness, as the Sec10 retary determines necessary, to reduce impacts 

11 to wilderness values set forth in section 2 of the 

12 Wilderness Act (16 U.S.C. 1131) if the bene13 ficial use of water on the non-Federal land is 

14 not diminished; and 

15 (B) require that the owner provide a recip16 rocal right of access across the non-Federal 

17 property, in which case, the owner shall receive 

18 market value for any right-of-way or other in19 terest in real property conveyed to the United 

20 States, and market value may be paid by the 

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

22 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. 

Passed the House of Representatives June 17, 2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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