I 

116TH CONGRESS 

1ST SESSION H. R. 2546 

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 

MAY 7, 2019 

Ms. DEGETTE (for herself and Mr. NEGUSE) 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 2019’’. 

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) by adding at the end the following para7 graphs: 

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

9 River Valley Field Office of the Bureau of Land 

10 Management, which comprise approximately 20,171 

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

12 Gulch and Castle Peak Proposed Wilderness’, dated 

13 July 20, 2018, which shall be known as the Bull 

14 Gulch Wilderness. 

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

16 River Valley Field Office of the Bureau of Land 

17 Management, which comprise approximately 16,230 

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

19 Gulch and Castle Peak Proposed Wilderness Areas’, 

20 dated July 20, 2018, which shall be known as the 

21 Castle Peak Wilderness. 

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

23 River Valley Field Office of the Bureau of Land 

24 Management, which comprise approximately 312 

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

26 Bells Addition Proposed Wilderness’, dated July 20, 


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1 2018, which is hereby incorporated in and shall be 

2 deemed to be a part of the Maroon Bells-Snowmass 

3 Wilderness Area designated by Public Law 88–577. 

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

5 Field Office of the Bureau of Land Management, 

6 which comprise approximately 38,176 acres, as gen7 erally depicted on a map titled ‘Redcloud & Handies 

8 Peak Proposed Wilderness’, dated July 20, 2018, 

9 which shall be known as the Redcloud Peak Wilder10 ness. 

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

12 Field Office of the Bureau of Land Management or 

13 located in the Grand Mesa, Uncompahgre, and Gun14 nison National Forests, which comprise approxi15 mately 26,557 acres, as generally depicted on a map 

16 titled ‘Redcloud & Handies Peak Proposed Wilder17 ness’, dated July 20, 2018, which shall be known as 

18 the Handies Peak Wilderness. 

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

20 Gorge Field Office of the Bureau of Land Manage21 ment, which comprise approximately 17,213 acres, 

22 as generally depicted on a map titled ‘McIntyre Hills 

23 Proposed Wilderness’, dated July 20, 2018, which 

24 shall be known as the McIntyre Hills Wilderness. 


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

2 Springs Field Office of the Bureau of Land Manage3 ment, which comprise approximately 11,291 acres, 

4 as generally depicted on a map titled ‘Grand Hog5 back Proposed Wilderness’, dated July 20, 2018, 

6 which shall be known as the Grand Hogback Wilder7 ness. 

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

9 Springs Field Office of the Bureau of Land Manage10 ment or located in the White River National Forest, 

11 which comprise approximately 16,305 acres, as gen12 erally depicted on a map titled ‘Flat Tops Proposed 

13 Wilderness Addition’, dated July 20, 2018, and 

14 which are hereby incorporated in and shall be 

15 deemed to be a part of the Flat Tops Wilderness 

16 designated by Public Law 94–146. 

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

18 Junction Field Office, which comprise approximately 

19 25,897 acres, as generally depicted on a map titled 

20 ‘Demaree Canyon Proposed Wilderness’, dated July 

21 20, 2018, which shall be known as the Demaree 

22 Canyon Wilderness. 

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

24 Junction Field Office, which comprise approximately 

25 29,045 acres, as generally depicted on a map titled 


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1 ‘South Shale Ridge & Little Book Cliffs Proposed 

2 Wilderness’, dated July 20, 2018, which shall be 

3 known as the Little Bookcliffs Wilderness. 

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

5 Junction Field Office, which comprise approximately 

6 27,517 acres, as generally depicted on a map titled 

7 ‘South Shale Ridge & Little Book Cliffs Proposed 

8 Wilderness’, dated July 20, 2018, which shall be 

9 known as the South Shale Ridge Wilderness. 

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

11 Springs Field Office or located in the White River 

12 National Forest, which comprise approximately 

13 20,742 acres, as generally depicted on a map titled 

14 ‘Deep Creek Proposed Wilderness’, dated July 20, 

15 2018, upon being designated as wilderness as pro16 vided by section 3(h)(2) of the Colorado Wilderness 

17 Act of 2018. 

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

19 Springs Field Office, which comprise approximately 

20 14,538 acres, as generally depicted on a map titled 

21 ‘Pisgah Mountain Proposed Wilderness’ and dated 

22 July 20, 2018, upon being designated as wilderness 

23 as provided by section 3(h)(2) of the Colorado Wil24 derness Act of 2019.’’. 


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

2 the State of Colorado administered by the Bureau of Land 

3 Management or the United States Forest Service are here4 by designated as wilderness and, therefore, as components 

5 of the National Wilderness Preservation System: 

6 (1) Certain lands managed by the Colorado 

7 River Valley Field Office of the Bureau of Land 

8 Management or located in the White River National 

9 Forest, which comprise approximately 25,232 acres, 

10 as generally depicted on a map titled ‘‘Assignation 

11 Ridge Proposed Wilderness’’, dated July 20, 2018, 

12 which shall be known as the Assignation Ridge Wil13 derness. 

14 (2) Certain lands managed by the Royal Gorge 

15 Field Office of the Bureau of Land Management or 

16 located in the Pike and San Isabel National Forests, 

17 which comprise approximately 25,192 acres, as gen18 erally depicted on a map titled ‘‘Badger Creek Pro19 posed Wilderness Area’’, dated July 20, 2018, which 

20 shall be known as the Badger Creek Wilderness. 

21 (3) Certain lands managed by the Royal Gorge 

22 Field Office of the Bureau of Land Management or 

23 located in the Pike and San Isabel National Forests, 

24 which comprise approximately 38,253 acres, as gen25 erally depicted on a map titled ‘‘Beaver Creek ProVerDate Sep 11 2014 01:46 May 14, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2546.IH H2546

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1 posed Wilderness Area’’, dated July 20, 2018, which 

2 shall be known as the Beaver Creek Wilderness. 

3 (4) Certain lands managed by the Royal Gorge 

4 Field Office of the Bureau of Land Management or 

5 the Bureau of Reclamation or located in the Pike 

6 and San Isabel National Forest, which comprise ap7 proximately 35,535 acres, as generally depicted on a 

8 map titled ‘‘Grape Creek Proposed Wilderness’’, 

9 dated July 20, 2018, which shall be known as the 

10 Grape Creek Wilderness. 

11 (5) Certain lands managed by the Grand Junc12 tion Field Office of the Bureau of Land Manage13 ment, which comprise approximately 20,996 acres, 

14 as generally depicted on a map titled ‘‘Bangs Can15 yon Proposed Wilderness’’, dated July 20, 2018, 

16 which shall be known as the Bangs Canyon Wilder17 ness. 

18 (6) Certain lands managed by the Grand Junc19 tion Field Office of the Bureau of Land Manage20 ment, which comprise approximately 27,150 acres, 

21 as generally depicted on a map titled ‘‘Unaweep & 

22 Palisade Proposed Wilderness’’, dated July 20, 

23 2018, which shall be known as the Palisade Wilder24 ness. 


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1 (7) Certain lands managed by the Grand Junc2 tion Field Office of the Bureau of Land Manage3 ment or located in the Grand Mesa, Uncompaghre, 

4 and Gunnison National Forest, which comprise ap5 proximately 20,420 acres, as generally depicted on a 

6 map titled ‘‘Unaweep & Palisade Proposed Wilder7 ness’’, dated July 20, 2018, which shall be known as 

8 the Unaweep Wilderness. 

9 (8) Certain lands managed by the Grand Junc10 tion Field Office of the Bureau of Land Manage11 ment and San Juan Field Office and in the Manti12 LaSal National Forest, which comprise approxi13 mately 45,220 acres, as generally depicted on a map 

14 titled ‘‘Sewemup Mesa Proposed Wilderness’’, dated 

15 July 20, 2018, which shall be known as the 

16 Sewemup Mesa Wilderness. 

17 (9) Certain lands managed by the Kremmling 

18 Field Office of the Bureau of Land Management, 

19 which comprise approximately 31 acres, as generally 

20 depicted on a map titled ‘‘Platte River Addition Pro21 posed Wilderness’’, dated July 20, 2018, and which 

22 are hereby incorporated in and shall be deemed to 

23 be part of the Platte River Wilderness designated by 

24 Public Law 98–550. 


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1 (10) Certain lands managed by the 

2 Uncompahgre Field Office of the Bureau of Land 

3 Management, which comprise approximately 17,660 

4 acres, as generally depicted on a map titled 

5 ‘‘Roubideau Proposed Wilderness’’, dated July 20, 

6 2018, which shall be known as the Roubideau Wil7 derness. 

8 (11) Certain lands managed by the 

9 Uncompahgre Field Office of the Bureau of Land 

10 Management or located in the Grand Mesa, 

11 Uncompaghre, and Gunnison National Forest, which 

12 comprise approximately 12,986 acres, as generally 

13 depicted on a map titled ‘‘Norwood Canyon Pro14 posed Wilderness’’, dated July 20, 2018, which shall 

15 be known as the Norwood Canyon Wilderness. 

16 (12) Certain lands managed by the San Juan 

17 Field Office of the Bureau of Land Management, 

18 which comprise approximately 26,776 acres, as gen19 erally depicted on a map titled ‘‘Cross Canyon Pro20 posed Wilderness’’, dated July 20, 2018, which shall 

21 be known as the Cross Canyon Wilderness. 

22 (13) Certain lands managed by the San Juan 

23 Field Office of the Bureau of Land Management, 

24 which comprise approximately 33,114 acres, as gen25 erally depicted on a map titled ‘‘McKenna Peak ProVerDate Sep 11 2014 01:46 May 14, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2546.IH H2546

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1 posed Wilderness’’, dated July 20, 2018, which shall 

2 be known as the McKenna Peak Wilderness. 

3 (14) Certain lands managed by the San Juan 

4 Field Office of the Bureau of Land Management, 

5 which comprise approximately 14,339 acres, as gen6 erally depicted on a map titled ‘‘Weber-Menefee 

7 Mountain Proposed Wilderness’’, dated July 20, 

8 2018, which shall be known as the Weber-Menefee 

9 Mountain Wilderness. 

10 (15) Certain lands managed by the 

11 Uncompahgre and San Juan Field Offices of the 

12 Bureau of Land Management or the Bureau of Rec13 lamation, which comprise approximately 34,867 

14 acres, as generally depicted on a map titled ‘‘Dolores 

15 River Canyon Proposed Wilderness’’, dated July 20, 

16 2018, which shall be known as the Dolores River 

17 Canyon Wilderness. 

18 (16) Certain lands managed by the San Juan 

19 Field Office of the Bureau of Land Management or 

20 located in the San Juan National Forest, which 

21 comprise approximately 31,752 acres, as generally 

22 depicted on a map titled ‘‘Snaggletooth Proposed 

23 Wilderness’’, dated July 20, 2018, which shall be 

24 known as the Snaggletooth Wilderness. 


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1 (17) Certain lands managed by the Royal Gorge 

2 Field Office of the Bureau of Land Management or 

3 located in the Pike and San Isabel National Forests, 

4 which comprise approximately 22,654 acres, as gen5 erally depicted on a map titled ‘‘Browns Canyon 

6 Proposed Wilderness’’, dated July 20, 2018, which 

7 shall be known as the Browns Canyon Wilderness. 

8 (18) Certain lands managed by the San Luis 

9 Field Office of the Bureau of Land Management, 

10 which comprise approximately 10,871 acres, as gen11 erally depicted on a map titled ‘‘San Luis Hills Pro12 posed Wilderness’’, dated July 20, 2018, which shall 

13 be known as the San Luis Hills Wilderness. 

14 (19) Certain lands managed by the Royal Gorge 

15 Field Office of the Bureau of Land Management, 

16 which comprise approximately 27,719 acres, as gen17 erally depicted on a map titled ‘‘Table Mountain 

18 Proposed Wilderness’’, dated July 20, 2018, which 

19 shall be known as the Table Mountain 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 National Park Service, and the Bureau of Reclama24 tion, which comprise approximately 6,846 acres, as gen25 erally depicted on a map titled ‘‘West Elk Addition ProVerDate Sep 11 2014 01:46 May 14, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2546.IH H2546

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1 posed Wilderness’’, dated July 20, 2018, are hereby des2 ignated as wilderness and, therefore, as components of the 

3 National Wilderness Preservation System and are hereby 

4 incorporated in and shall be deemed to be a part of the 

5 West Elk Wilderness designated by Public Law 88–577. 

6 The boundary adjacent to Blue Mesa Reservoir shall be 

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

8 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 a private entity or 

8 by the State of Colorado, including lands administered by 

9 the Colorado State Land Board, shall be included within 

10 such wilderness area if such lands are acquired by the 

11 United States. Such lands may be acquired by the United 

12 States only as provided in the Wilderness Act (16 U.S.C. 

13 1131 et seq.). 

14 SEC. 3. ADMINISTRATIVE PROVISIONS. 

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

16 lands designated as wilderness by this Act shall be man17 aged by the Secretary in accordance with the Wilderness 

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

19 with respect to any wilderness areas designated by this 

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

21 date of the Wilderness Act shall be deemed to be a ref22 erence to the date of enactment of this Act. 

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

24 areas designated by this Act shall be administered in ac25 cordance with the provisions of section 4(d)(4) of the WilVerDate Sep 11 2014 01:46 May 14, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2546.IH H2546

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1 derness Act (16 U.S.C. 1133(d)(4)), as further inter2 preted by section 108 of Public Law 96–560, and the 

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

4 405 of the 101st Congress. 

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

6 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 

7 nothing in this Act shall be construed as affecting the ju8 risdiction or responsibilities of the State of Colorado with 

9 respect to wildlife and fish in Colorado. 

10 (d) BUFFER ZONES.— 

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

12 a protective perimeter or buffer zone around any 

13 area designated as wilderness by section 2. 

14 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

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

16 designated as wilderness by section 2 can be seen or 

17 heard within the wilderness shall not preclude the 

18 activity or use outside the boundary of the wilder19 ness. 

20 (e) MILITARY HELICOPTER OVERFLIGHTS.— 

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

22 or precludes— 

23 (A) low-level overflights of military heli24 copters over the areas designated as wilderness 

25 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 20,742 acres, as generally de18 picted on a map titled ‘‘Deep Creek Proposed 

19 Wilderness’’ and dated July 20, 2018, which, 

20 upon designation as wilderness under para21 graph (2), shall be known as the Deep Creek 

22 Wilderness. 

23 (B) Certain lands managed by the Glen24 wood Springs Field Office, which comprise ap25 proximately 14,538 acres, as generally depicted 


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1 on a map titled ‘‘Pisgah Mountain Proposed 

2 Wilderness’’ and dated July 20, 2018, which, 

3 upon designation as wilderness under para4 graph (2), shall be known as the Pisgah Moun5 tain Wilderness. 

6 (2) DESIGNATION AS WILDERNESS.—Lands 

7 designated as a potential wilderness area by sub8 paragraph (A) or (B) of paragraph (1) shall be des9 ignated as wilderness on the date on which the Sec10 retary publishes in the Federal Register a notice 

11 that all nonconforming uses of those lands author12 ized by subsection (e) in the potential wilderness 

13 area that would be in violation of the Wilderness Act 

14 (16 U.S.C. 1131 et seq.) have ceased. Such publica15 tion in the Federal Register and designation as wil16 derness shall occur for the potential wilderness area 

17 as the nonconforming uses cease in that potential 

18 wilderness area and designation as wilderness is not 

19 dependent on cessation of nonconforming uses in the 

20 other potential wilderness area. 

21 (3) MANAGEMENT.—Except for activities pro22 vided for under subsection (e), lands designated as 

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

24 managed by the Secretary in accordance with the 

25 Wilderness Act as wilderness pending the designaVerDate Sep 11 2014 01:46 May 14, 2019 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2546.IH H2546

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1 tion of such lands as wilderness under this sub2 section. 

3 SEC. 4. WATER. 

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

5 Act— 

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

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

8 water right, or interest in water; 

9 (2) affects any vested absolute or decreed condi10 tional water right in existence on the date of enact11 ment of this Act, including any water right held by 

12 the United States; 

13 (3) affects any interstate water compact in ex14 istence on the date of enactment of this Act; 

15 (4) authorizes or imposes any new reserved 

16 Federal water rights; and 

17 (5) shall be considered to be a relinquishment 

18 or reduction of any water rights reserved or appro19 priated by the United States in the State on or be20 fore the date of the enactment of this Act. 

21 (b) MIDSTREAM AREAS.— 

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

23 is to protect for the benefit and enjoyment of 

24 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.—Notwithstand10 ing subclause (I) and in accordance 

11 with this Act, the Secretary may ap12 propriate 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, 2021, 

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, transmission and other 

19 ancillary facilities, and other water diversion, stor20 age, 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 

24 resource facilities in existence on the date of enact25 ment of this Act within the areas described in secVerDate Sep 11 2014 20:26 May 14, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2546.IH H2546

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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 2546 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 


kjohnson on DSK79L0C42 with BILLS