I 

111TH CONGRESS 

1ST SESSION H. R. 3538 

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 HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2009 

Mr. SIMPSON (for himself and Mr. MINNICK) introduced the following bill; 

which was referred to the Committee on 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 Resources Protection 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 shall issue a special use author7 ization to the owners of a water storage, transport, or di8 version facility (in this section referred to as a ‘‘facility’’) 

9 located on National Forest System land in the Frank 

10 Church-River of No Return Wilderness and the Selway11 Bitterroot Wilderness for the continued operation, mainte12 nance, and reconstruction of the facility if the Secretary 

13 determines that— 

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

15 which the land upon which the facility is located was 

16 designated as part of the National Wilderness Pres17 ervation System (in this section referred to as ‘‘the 

18 date of designation’’); 

19 (2) the facility has been in substantially contin20 uous use to deliver water for the beneficial use on 

21 the owner’s non-Federal land since the date of des22 ignation; 

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

24 right for use of the water on the owner’s non-Fed25 eral land under Idaho State law, with a priority date 

26 that predates the date of designation; and 


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

2 the facility to land outside of the wilderness and 

3 continue the beneficial use of water on the non-Fed4 eral land recognized under State law. 

5 (b) TERMS AND CONDITIONS.— 

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

7 special use authorization issued under subsection 

8 (a), the Secretary shall— 

9 (A) allow use of motorized equipment and 

10 mechanized transport for operation, mainte11 nance, or reconstruction of a facility, if the Sec12 retary determines that— 

13 (i) the use is necessary to allow the 

14 facility to continue delivery of water to the 

15 non-Federal land for the beneficial uses 

16 recognized by the water right held under 

17 Idaho State law; and 

18 (ii) the use of nonmotorized equip19 ment and nonmechanized transport is im20 practicable or infeasible; and 

21 (B) preclude use of the facility for the 

22 storage, diversion, or transport of water in ex23 cess of the water right recognized by the State 

24 of Idaho on the date of designation. 


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1 (2) DISCRETIONARY TERMS AND CONDI2 TIONS.—In a special use authorization issued under 

3 subsection (a), the Secretary may— 

4 (A) require or allow modification or reloca5 tion of the facility in the wilderness, as the Sec6 retary determines necessary, to reduce impacts 

7 to wilderness values set forth in section 2 of the 

8 Wilderness Act (16 U.S.C. 1131) if the bene9 ficial use of water on the non-Federal land is 

10 not diminished; and 

11 (B) require that the owner provide a recip12 rocal right of access across the non-Federal 

13 property, in which case, the owner shall receive 

14 market value for any right-of-way or other in15 terest in real property conveyed to the United 

16 States, and market value may be paid by the 

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

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

19 or other costs that may accrue to the owner to 

20 obtain the authorization for water facilities. 

Æ 


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