II 

111TH CONGRESS 

2D SESSION S. 2966 

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 SENATE OF THE UNITED STATES 

JANUARY 28, 2010 

Mr. RISCH (for himself and Mr. CRAPO) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

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. 

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 Facilities Act’’. 


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1 SEC. 2. TREATMENT OF EXISTING WATER DIVERSIONS IN 

2 FRANK CHURCH-RIVER OF NO RETURN WIL3 DERNESS AND SELWAY-BITTERROOT WIL4 DERNESS, IDAHO. 

5 (a) AUTHORIZATION FOR CONTINUED USE.—The 

6 Secretary of Agriculture is authorized to issue a special 

7 use authorization to each of the 20 owners of a water stor8 age, transport, or diversion facility (in this section referred 

9 to as a ‘‘facility’’) located on National Forest System land 

10 in the Frank Church-River of No Return Wilderness or 

11 the Selway-Bitterroot Wilderness (as identified on the 

12 map titled ‘‘Unauthorized Private Water Diversions lo13 cated within the Frank Church River of No Return Wil14 derness’’, dated December 14, 2009, or the map titled 

15 ‘‘Unauthorized Private Water Diversions located within 

16 the Selway-Bitterroot Wilderness’’, dated December 11, 

17 2009) for the continued operation, maintenance, and re18 construction of the facility if the Secretary determines 

19 that— 

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

21 which the land upon which the facility is located was 

22 designated as part of the National Wilderness Pres23 ervation System (in this section referred to as ‘‘the 

24 date of designation’’); 

25 (2) the facility has been in substantially contin26 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) EQUIPMENT, TRANSPORT, AND USE TERMS

13 AND CONDITIONS.—In a special use authorization 

14 issued under subsection (a), the Secretary is author15 ized to— 

16 (A) allow use of motorized equipment and 

17 mechanized transport for operation, mainte18 nance, or reconstruction of a facility, if the Sec19 retary determines that— 

20 (i) the use is necessary to allow the 

21 facility to continue delivery of water to the 

22 non-Federal land for the beneficial uses 

23 recognized by the water right held under 

24 Idaho State law; and 


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1 (ii) after conducting a minimum tool 

2 analysis for the facility, the use of non3 motorized equipment and nonmechanized 

4 transport is impracticable or infeasible; 

5 and 

6 (B) preclude use of the facility for the 

7 storage, diversion, or transport of water in ex8 cess of the water right recognized by the State 

9 of Idaho on the date of designation. 

10 (2) ADDITIONAL TERMS AND CONDITIONS.—In 

11 a special use authorization issued under subsection 

12 (a), the Secretary is authorized to— 

13 (A) require or allow modification or reloca14 tion of the facility in the wilderness, as the Sec15 retary determines necessary, to reduce impacts 

16 to wilderness values set forth in section 2 of the 

17 Wilderness Act (16 U.S.C. 1131) if the bene18 ficial use of water on the non-Federal land is 

19 not diminished; and 

20 (B) require that the owner provide a recip21 rocal right of access across the non-Federal 

22 property, in which case, the owner shall receive 

23 market value for any right-of-way or other in24 terest in real property conveyed to the United 

25 States, and market value may be paid by the 


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

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

3 or other costs that may accrue to the owner to 

4 obtain the authorization for water facilities. 

Æ 


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