I 

112TH CONGRESS 

1ST SESSION H. R. 2922 

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 

SEPTEMBER 14, 2011 

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 2011’’. 

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 or located in the Pike National Forest which 

4 comprise approximately 19,825 acres, as generally 

5 depicted on a map titled ‘Browns Canyon Proposed 

6 Wilderness Area’, dated October 20, 2010, which 

7 shall be known as the Browns Canyon Wilderness. 

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

9 Gorge Field Office of the Bureau of Land Manage10 ment which comprise approximately 16,690 acres, as 

11 generally depicted on a map titled ‘McIntyre Hills 

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

13 which shall be known as the McIntyre Hills Wilder14 ness. 

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

16 Springs Field Office of the Bureau of Land Manage17 ment which comprise approximately 11,701 acres, as 

18 generally depicted on a map titled ‘Grand Hogback 

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

20 which shall be known as the Grand Hogback Wilder21 ness. 

22 ‘‘(30) Certain lands managed by the Glenwood 

23 Springs Field Office of the Bureau of Land Manage24 ment or located in the White River National Forest 

25 which comprise approximately 16,427 acres, as genVerDate Mar 15 2010 07:17 Sep 16, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2922.IH H2922

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1 erally depicted on a map titled ‘Flat Tops Addition 

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

3 and which are hereby incorporated in and shall be 

4 deemed to be a part of the Flat Tops Wilderness 

5 designated by Public Law 94–146. 

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

7 Junction Field Office which comprise approximately 

8 25,881 acres, as generally depicted on a map titled 

9 ‘Demaree Canyon Proposed Wilderness Area’, dated 

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

11 Canyon Wilderness. 

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

13 Junction Field Office which comprise approximately 

14 30,557 acres, as generally depicted on a map titled 

15 ‘South Shale Ridge and Little Book Cliffs Proposed 

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

17 known as the Little Bookcliffs Wilderness. 

18 ‘‘(33) Certain lands managed by the Grand 

19 Junction Field Office which comprise approximately 

20 27,569 acres, as generally depicted on a map titled 

21 ‘South Shale Ridge and Little Book Cliffs Proposed 

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

23 known as the South Shale Ridge Wilderness. 

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

25 Springs Field Office or located in the White River 


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1 National Forest which comprise approximately 

2 20,843 acres, as generally depicted on a map titled 

3 ‘Deep Creek Proposed Wilderness Area’, dated Sep4 tember 17, 2007, upon being designated as wilder5 ness as provided by section 3(h)(2) of the Colorado 

6 Wilderness Act of 2011. 

7 ‘‘(35) Certain lands managed by the Glenwood 

8 Springs Field Office which comprise approximately 

9 15,679 acres, as generally depicted on a map titled 

10 ‘Pisgah Mountain Proposed Wilderness Area’, dated 

11 September 17, 2007, upon being designated as wil12 derness as provided by section 3(h)(2) of the Colo13 rado Wilderness Act of 2011.’’. 

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

15 the State of Colorado administered by the Bureau of Land 

16 Management or the United States Forest Service are here17 by designated as wilderness and, therefore, as components 

18 of the National Wilderness Preservation System: 

19 (1) Certain lands managed by the Colorado 

20 River Valley Field Office of the Bureau of Land 

21 Management or located in the White River National 

22 Forest: which comprise approximately 21,900 acres, 

23 as generally depicted on a map titled ‘‘Assignation 

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


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1 2011, which shall be known as the Thompson Creek 

2 Wilderness. 

3 (2) Certain lands managed by the Royal Gorge 

4 Field Office of the Bureau of Land Management 

5 which comprise approximately 20,950 acres, as gen6 erally depicted on a map titled ‘‘Badger Creek Pro7 posed Wilderness Area’’, dated October 20, 2010, 

8 which shall be known as the Badger Creek Wilder9 ness. 

10 (3) Certain lands managed by the Royal Gorge 

11 Field Office of the Bureau of Land Management 

12 which comprise approximately 33,425 acres, as gen13 erally depicted on a map titled ‘‘Beaver Creek Pro14 posed Wilderness Area’’, dated October 20, 2010, 

15 which shall be known as the Beaver Creek Wilder16 ness. 

17 (4) Certain lands managed by the Royal Gorge 

18 Field Office of the Bureau of Land Management or 

19 located in the San Isabel National Forest which 

20 comprise approximately 33,525 acres, as generally 

21 depicted on a map titled ‘‘Grape Creek Proposed 

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

23 known as the Grape Creek Wilderness. 

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1 ment which comprise approximately 21,110 acres, as 

2 generally depicted on a map titled ‘‘Bangs Canyon 

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

4 which shall be known as the Bangs Canyon Wilder5 ness. 

6 (6) Certain lands managed by the Grand Junc7 tion Field Office of the Bureau of Land Manage8 ment which comprise approximately 14,089 acres, as 

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

10 Unaweep and Palisade Proposed Wilderness’’, dated 

11 June 14, 2011, which shall be known as the Granite 

12 Creek Wilderness. 

13 (7) Certain lands managed by the Grand Junc14 tion Field Office of the Bureau of Land Manage15 ment which comprise approximately 26,914 acres, as 

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

17 Unaweep and Palisade Proposed Wilderness’’, dated 

18 June 14, 2011, which shall be known as the Pali19 sade Wilderness. 

20 (8) Certain lands managed by the Grand Junc21 tion Field Office of the Bureau of Land Manage22 ment or located in the Uncompahgre National For23 est, which comprise approximately 39,392 acres, as 

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

25 Unaweep and Palisade Proposed Wilderness’’, dated 


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1 June 14, 2011, which shall be known as the 

2 Unaweep Wilderness. 

3 (9) Certain lands managed by the Grand Junc4 tion Field Office of the Bureau of Land Manage5 ment and San Juan Field Office and in the Manti6 LaSal National Forest which comprise approxi7 mately 65,448 acres, as generally depicted on a map 

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

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

10 Sewemup Mesa Wilderness. 

11 (10) Certain lands managed by the Kremmling 

12 Field Office of the Bureau of Land Management 

13 which comprise approximately 33 acres, as generally 

14 depicted on a map titled ‘‘Platte River Addition Pro15 posed Wilderness Area’’, dated May 31, 2011, and 

16 which are hereby incorporated in and shall be 

17 deemed to be part of the Platte River Wilderness 

18 designated by Public Law 98–550. 

19 (11) Certain lands managed by the 

20 Uncompahgre Field Office of the Bureau of Land 

21 Management or located in the Uncompahgre Na22 tional Forest which comprise approximately 22,604 

23 acres, as generally depicted on a map titled 

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


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1 31, 2011, which shall be known as the Roubideau 

2 Wilderness. 

3 (12) Certain lands managed by the 

4 Uncompahgre Field Office of the Bureau of Land 

5 Management or located in the Uncompahgre Na6 tional Forest which comprise approximately 13,288 

7 acres, as generally depicted on a map titled ‘‘Nor8 wood Canyon Proposed Wilderness Area’’, dated 

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

10 Canyon Wilderness. 

11 (13) Certain lands managed by the San Juan 

12 Field Office of the Bureau of Land Management 

13 which comprise approximately 25,947 acres, as gen14 erally depicted on a map titled ‘‘Cross Canyon Pro15 posed Wilderness Area’’, dated May 31, 2011, which 

16 shall be known as the Cross Canyon Wilderness. 

17 (14) Certain lands managed by the San Juan 

18 Field Office of the Bureau of Land Management 

19 which comprise approximately 33,467 acres, as gen20 erally depicted on a map titled ‘‘McKenna Peak Pro21 posed Wilderness Area’’, May 31, 2011, which shall 

22 be known as the McKenna Peak Wilderness. 

23 (15) Certain lands managed by the San Juan 

24 Field Office of the Bureau of Land Management 

25 Certain lands which comprise approximately 14,598 


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1 acres, as generally depicted on a map titled ‘‘Weber2 Menefee Mountain Proposed Wilderness Area’’, 

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

4 Weber-Menefee Mountain Wilderness. 

5 (16) Certain lands managed by the 

6 Uncompahgre and San Juan Field Offices of the 

7 Bureau of Land Management which comprise ap8 proximately 41,133 acres, as generally depicted on a 

9 map titled ‘‘Dolores River Canyon Proposed Wilder10 ness Area’’, dated May 31, 2011, which shall be 

11 known as the Dolores River Canyon Wilderness. 

12 (17) Certain lands managed by the San Juan 

13 Field Office of the Bureau of Land Management or 

14 located in the San Juan National Forest which com15 prise approximately 32,050 acres, as generally de16 picted on a map titled ‘‘Snaggletooth Proposed Wil17 derness Area’’, dated May 31, 2011, which shall be 

18 known as the Snaggletooth Wilderness. 

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

20 State of Colorado administered by the Gunnison Field Of21 fice of the Bureau of Land Management, the United 

22 States Forest Service, and the Bureau of Reclamation 

23 which comprise approximately 5,000 acres, as generally 

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

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


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1 designated as wilderness and, therefore, as components of 

2 the National Wilderness Preservation System and are 

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

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

5 577. The boundary adjacent to Blue Mesa Reservoir shall 

6 be 50 feet landward from the high water mark. 

7 (d) BLUE MESA RESERVOIR.—If the Bureau of Rec8 lamation determines that lands within the West Elk Wil9 derness Addition are necessary for future expansion of the 

10 Blue Mesa Reservoir, the Secretary shall by publication 

11 of a revised boundary description in the Federal Register 

12 revise the boundary of the West Elk Wilderness Addition. 

13 (e) MAPS AND DESCRIPTIONS.—As soon as prac14 ticable after the date of enactment of the Act, the Sec15 retary shall file a map and a boundary description of each 

16 area designated as wilderness by this section with the 

17 Committee on Natural Resources of the House of Rep18 resentatives and the Committee on Energy and Natural 

19 Resources of the Senate. Each map and boundary descrip20 tion shall have the same force and effect as if included 

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

22 and typographical errors in the map or boundary descrip23 tion. The maps and boundary descriptions shall be on file 

24 and available for public inspection in the Office of the Di25 rector of the Bureau of Land Management, Department 


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

2 Service, Department of Agriculture, as appropriate. 

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

4 exterior boundaries of any wilderness area designated 

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

6 or by a private entity shall be included within such wilder7 ness area if such lands are acquired by the United States. 

8 Such lands may be acquired by the United States only 

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

10 seq.). 

11 SEC. 3. ADMINISTRATIVE PROVISIONS. 

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

13 lands designated as wilderness by this Act shall be man14 aged by the Secretary in accordance with the Wilderness 

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

16 with respect to any wilderness areas designated by this 

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

18 date of the Wilderness Act shall be deemed to be a ref19 erence to the date of enactment of this Act. 

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

21 areas designated by this Act shall be administered in ac22 cordance with the provisions of section 4(d)(4) of the Wil23 derness Act (16 U.S.C. 1133(d)(4)), as further inter24 preted by section 108 of Public Law 96–560, and the 


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

2 405 of the 101st Congress. 

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

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

5 nothing in this Act shall be construed as affecting the ju6 risdiction or responsibilities of the State of Colorado with 

7 respect to wildlife and fish in Colorado. 

8 (d) BUFFER ZONES.— 

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

10 a protective perimeter or buffer zone around any 

11 area designated as wilderness by section 2. 

12 (2) ACTIVITIES OUTSIDE WILDERNESS.—The 

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

14 designated as wilderness by section 2 can be seen or 

15 heard within the wilderness shall not preclude the 

16 activity or use outside the boundary of the wilder17 ness. 

18 (e) MILITARY HELICOPTER OVERFLIGHTS.— 

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

20 or precludes— 

21 (A) low-level overflights of military heli22 copters over the areas designated as wilderness 

23 by section 2, including military overflights that 

24 can be seen or heard within any wilderness 

25 area; 


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1 (B) military flight testing and evaluation; 

2 or 

3 (C) the designation or creation of new 

4 units of special use airspace, or the establish5 ment of military flight training routes over any 

6 wilderness area. 

7 (2) AERIAL NAVIGATION TRAINING EXER8 CISES.—The Colorado Army National Guard, 

9 through the High-Altitude Army National Guard 

10 Aviation Training Site, may conduct aerial naviga11 tion training maneuver exercises over the wilderness 

12 areas designated by this Act— 

13 (A) in a manner consistent with the memo14 randum of understanding dated August 4, 

15 1987, entered into among the Colorado Army 

16 National Guard, the Bureau of Land Manage17 ment, and the Forest Service; or 

18 (B) in a manner consistent with a subse19 quent memorandum of understanding entered 

20 into among the Colorado Army National Guard, 

21 the Bureau of Land Management, and the For22 est Service. 

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

24 to authorize competitive running events currently per25 mitted in the Redcloud Peak Wilderness Area and 


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1 Handies Peak Wilderness Area in a manner compatible 

2 with the preservation of such areas as wilderness. 

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

4 owned land within the perimeter of the Redcloud Peak 

5 Wilderness Area or the Handies Peak Wilderness Area in 

6 exchange for Federal land, then such Federal land shall 

7 be located in Hinsdale County, Colorado. 

8 (h) POTENTIAL WILDERNESS DESIGNATIONS.— 

9 (1) IN GENERAL.—The following lands are des10 ignated as potential wilderness areas: 

11 (A) Certain lands managed by the Glen12 wood Springs Field Office or located in the 

13 White River National Forest which comprise 

14 approximately 20,843 acres, as generally de15 picted on a map titled ‘‘Deep Creek Proposed 

16 Wilderness Area’’, dated September 17, 2007, 

17 which, upon designation as wilderness under 

18 paragraph (2), shall be known as the Deep 

19 Creek Wilderness. 

20 (B) Certain lands managed by the Glen21 wood Springs Field Office which comprise ap22 proximately 15,679 acres, as generally depicted 

23 on a map titled ‘‘Pisgah Mountain Proposed 

24 Wilderness Area’’, dated September 17, 2007, 

25 which, upon designation as wilderness under 


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1 paragraph (2), shall be known as the Pisgah 

2 Mountain Wilderness. 

3 (2) DESIGNATION AS WILDERNESS.—Lands 

4 designated as a potential wilderness area by sub5 paragraph (A) or (B) of paragraph (1) shall be des6 ignated as wilderness on the date on which the Sec7 retary publishes in the Federal Register a notice 

8 that all nonconforming uses of those lands author9 ized by subsection (e) in the potential wilderness 

10 area that would be in violation of the Wilderness Act 

11 (16 U.S.C. 1131 et seq.) have ceased. Such publica12 tion in the Federal Register and designation as wil13 derness shall occur for the potential wilderness area 

14 as the nonconforming uses cease in that potential 

15 wilderness area and designation as wilderness is not 

16 dependent on cessation of nonconforming uses in the 

17 other potential wilderness area. 

18 (3) MANAGEMENT.—Except for activities pro19 vided for under subsection (e), lands designated as 

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

21 managed by the Secretary in accordance with the 

22 Wilderness Act as wilderness pending the designa23 tion of such lands as wilderness under this sub24 section. 


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1 SEC. 4. WATER. 

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

3 Act— 

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

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

6 water right, or interest in water; 

7 (2) affects any vested absolute or decreed condi8 tional water right in existence on the date of enact9 ment of this Act, including any water right held by 

10 the United States; 

11 (3) affects any interstate water compact in ex12 istence on the date of enactment of this Act; 

13 (4) authorizes or imposes any new reserved 

14 Federal water rights; and 

15 (5) shall be considered to be a relinquishment 

16 or reduction of any water rights reserved or appro17 priated by the United States in the State on or be18 fore the date of the enactment of this Act. 

19 (b) MIDSTREAM AREAS.— 

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

21 is to protect for the benefit and enjoyment of 

22 present and future generations— 

23 (A) the unique and nationally important 

24 values of areas designated as wilderness by sec25 tion 2(b) (including the geological, cultural, ar26 chaeological, paleontological, natural, scientific, 


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1 recreational, environmental, biological, wilder2 ness, wildlife, riparian, historical, educational, 

3 and scenic resources of the public land); and 

4 (B) the water resources of area streams, 

5 based on seasonally available flows, that are 

6 necessary to support aquatic, riparian, and ter7 restrial species and communities. 

8 (2) WILDERNESS WATER RIGHTS.— 

9 (A) IN GENERAL.—The Secretary shall en10 sure that any water rights within the wilderness 

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

12 purposes of such wilderness are secured in ac13 cordance with subparagraphs (B) through (G). 

14 (B) STATE LAW.— 

15 (i) PROCEDURAL REQUIREMENTS.— 

16 Any water rights for which the Secretary 

17 pursues adjudication shall be appropriated, 

18 adjudicated, changed, and administered in 

19 accordance with the procedural require20 ments and priority system of State law. 

21 (ii) ESTABLISHMENT OF WATER

22 RIGHTS.— 

23 (I) IN GENERAL.—Except as pro24 vided in subclause (II), the purposes 

25 and other substantive characteristics 


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1 of the water rights pursued under this 

2 paragraph shall be established in ac3 cordance with State law. 

4 (II) EXCEPTION.—Notwith5 standing subclause (I) and in accord6 ance with this Act, the Secretary may 

7 appropriate and seek adjudication of 

8 water rights to maintain surface water 

9 levels and stream flows on and across 

10 the wilderness designated by section 

11 2(b) to fulfill the purposes of such 

12 wilderness. 

13 (C) DEADLINE.—The Secretary shall 

14 promptly, but not earlier than January 1, 2015, 

15 appropriate the water rights required to fulfill 

16 the purposes of the wilderness designated by 

17 section 2(b). 

18 (D) REQUIRED DETERMINATION.—The 

19 Secretary shall not pursue adjudication for any 

20 instream flow water rights unless the Secretary 

21 makes a determination pursuant to subpara22 graph (E)(ii) or (F). 

23 (E) COOPERATIVE ENFORCEMENT.— 

24 (i) IN GENERAL.—The Secretary shall 

25 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 

25 a license or permit for development of any new irriVerDate Mar 15 2010 07:17 Sep 16, 2011 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2922.IH H2922

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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 Mar 15 2010 07:17 Sep 16, 2011 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H2922.IH H2922

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25 

•HR 2922 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 


jbell on DSK7SPTVN1PROD with BILLS