I 
112TH CONGRESS 
1ST SESSION H. R. 2420 
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 
JULY 6, 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 com-
ponents of the National Wilderness Preservation System, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; DEFINITION. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Colorado Wilderness Act of 2011’’. 
(b) SECRETARY DEFINED.—As used in this Act, the 
term ‘‘Secretary’’ means the Secretary of the Interior or 
the Secretary of Agriculture, as appropriate. 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
SEC. 2. ADDITIONS TO NATIONAL WILDERNESS PRESERVA-
TION SYSTEM IN THE STATE OF COLORADO. 
(a) ADDITIONS.—Section 2(a) of the Colorado Wil-
derness Act of 1993 (Public Law 103–77; 107 Stat. 756; 
16 U.S.C. 1132 note) is amended— 
(1) in paragraph (4) by striking ‘‘1993,’’ and 
inserting ‘‘1993, and certain lands managed by the 
Gunnison Field Office which comprise approximately 
3,325 acres, as depicted on a map titled ‘Proposed 
Powderhorn Wilderness Addition’ and dated October 
20, 2010,’’; and 
(2) by adding at the end the following para-
graphs: 
‘‘(22) Certain lands managed by the Colorado 
River Valley Field Office of the Bureau of Land 
Management which comprise approximately 15,200 
acres, as generally depicted on a map titled ‘Bull 
Gulch and Castle Peak Proposed Wilderness Areas’, 
dated October 20, 2010, which shall be known as 
the Bull Gulch Wilderness. 
‘‘(23) Certain lands managed by the Colorado 
River Valley Field Office of the Bureau of Land 
Management which comprise approximately 12,225 
acres, as generally depicted on a map titled ‘Bull 
Gulch and Castle Peak Proposed Wilderness Areas’, 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
dated October 20, 2010, which shall be known as 
the Castle Peak Wilderness. 
‘‘(24) Certain lands managed by the Colorado 
River Valley Field Office of the Bureau of Land 
Management which comprise approximately 325 
acres, as generally depicted on a map titled ‘Maroon 
Bells Proposed Wilderness’, dated October 20, 2010, 
which is hereby incorporated in and shall be deemed 
to be a part of the Maroon Bells-Snowmass Wilder-
ness Area designated by Public Law 88–577. 
‘‘(25) Certain lands managed by the Gunnison 
Field Office of the Bureau of Land Management 
which comprise approximately 38,180 acres, as gen-
erally depicted on a map titled ‘Redcloud and 
Handies Peak Proposed Wildernesses’, dated Octo-
ber 21, 2010, which shall be known as the Redcloud 
Peak Wilderness. 
‘‘(26) Certain lands managed by the Gunnison 
Field Office of the Bureau of Land Management 
which comprise approximately 16,350 acres, as gen-
erally depicted on a map titled ‘Redcloud and 
Handies Peak Proposed Wildernesses’, dated Octo-
ber 21, 2010, which shall be known as the Handies 
Peak Wilderness. 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
‘‘(27) Certain lands managed by the Royal 
Gorge Field Office of the Bureau of Land Manage-
ment or located in the Pike National Forest which 
comprise approximately 19,825 acres, as generally 
depicted on a map titled ‘Browns Canyon Proposed 
Wilderness Area’, dated October 20, 2010, which 
shall be known as the Browns Canyon Wilderness. 
‘‘(28) Certain lands managed by the Royal 
Gorge Field Office of the Bureau of Land Manage-
ment which comprise approximately 16,690 acres, as 
generally depicted on a map titled ‘McIntyre Hills 
Proposed Wilderness Area’, dated October 20, 2010, 
which shall be known as the McIntyre Hills Wilder-
ness. 
‘‘(29) Certain lands managed by the Glenwood 
Springs Field Office of the Bureau of Land Manage-
ment which comprise approximately 11,701 acres, as 
generally depicted on a map titled ‘Grand Hogback 
Proposed Wilderness Area’, dated May 31, 2011, 
which shall be known as the Grand Hogback Wilder-
ness. 
‘‘(30) Certain lands managed by the Glenwood 
Springs Field Office of the Bureau of Land Manage-
ment or located in the White River National Forest 
which comprise approximately 16,427 acres, as gen-
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
derness Area’’, dated May 31, 2011, which shall be 
known as the Snaggletooth Wilderness. 
(c) WEST ELK ADDITION.—Certain lands in the 
State of Colorado administered by the Gunnison Field Of-
fice of the Bureau of Land Management, the United 
States Forest Service, and the Bureau of Reclamation 
which comprise approximately 5,000 acres, as generally 
depicted on a map titled ‘‘West Elk Addition Proposed 
Wilderness Area’’, dated December 13, 2010, are hereby 
designated as wilderness and, therefore, as components of 
the National Wilderness Preservation System and are 
hereby incorporated in and shall be deemed to be a part 
of the West Elk Wilderness designated by Public Law 88– 
577. The boundary adjacent to Blue Mesa Reservoir shall 
be 50 feet from the high water mark. 
(d) BLUE MESA RESERVOIR.—If the Bureau of Rec-
lamation determines that lands within the West Elk Wil-
derness Addition are necessary for future expansion of the 
Blue Mesa Reservoir, the Secretary shall by publication 
of a revised boundary description in the Federal Register 
revise the boundary of the West Elk Wilderness Addition. 
(e) MAPS AND DESCRIPTIONS.—As soon as prac-
ticable after the date of enactment of the Act, the Sec-
retary shall file a map and a boundary description of each 
area designated as wilderness by this section with the 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources of the Senate. Each map and boundary descrip-
tion shall have the same force and effect as if included 
in this Act, except that the Secretary may correct clerical 
and typographical errors in the map or boundary descrip-
tion. The maps and boundary descriptions shall be on file 
and available for public inspection in the Office of the Di-
rector of the Bureau of Land Management, Department 
of the Interior, and in the Office of the Chief of the Forest 
Service, Department of Agriculture, as appropriate. 
(f) STATE AND PRIVATE LANDS.—Lands within the 
exterior boundaries of any wilderness area designated 
under this section that are owned by the State of Colorado 
or by a private entity shall be included within such wilder-
ness area if such lands are acquired by the United States. 
Such lands may be acquired by the United States only 
as provided in the Wilderness Act (16 U.S.C. 1131 et 
seq.). 
SEC. 3. ADMINISTRATIVE PROVISIONS. 
(a) IN GENERAL.—Subject to valid existing rights, 
lands designated as wilderness by this Act shall be man-
aged by the Secretary in accordance with the Wilderness 
Act (16 U.S.C. 1131 et seq.) and this Act, except that, 
with respect to any wilderness areas designated by this 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
Act, any reference in the Wilderness Act to the effective 
date of the Wilderness Act shall be deemed to be a ref-
erence to the date of enactment of this Act. 
(b) GRAZING.—Grazing of livestock in wilderness 
areas designated by this Act shall be administered in ac-
cordance with the provisions of section 4(d)(4) of the Wil-
derness Act (16 U.S.C. 1133(d)(4)), as further inter-
preted by section 108 of Public Law 96–560, and the 
guidelines set forth in Appendix A of House Report 101– 
405 of the 101st Congress. 
(c) STATE JURISDICTION.—As provided in section 
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 
nothing in this Act shall be construed as affecting the ju-
risdiction or responsibilities of the State of Colorado with 
respect to wildlife and fish in Colorado. 
(d) BUFFER ZONES.— 
(1) IN GENERAL.—Nothing in this Act creates 
a protective perimeter or buffer zone around any 
area designated as wilderness by section 2. 
(2) ACTIVITIES
OUTSIDE
WILDERNESS.—The 
fact that an activity or use on land outside the areas 
designated as wilderness by section 2 can be seen or 
heard within the wilderness shall not preclude the 
activity or use outside the boundary of the wilder-
ness. 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
(e) MILITARY HELICOPTER OVERFLIGHTS.— 
(1) IN GENERAL.—Nothing in this Act restricts 
or precludes— 
(A) low-level overflights of military heli-
copters over the areas designated as wilderness 
by section 2, including military overflights that 
can be seen or heard within any wilderness 
area; 
(B) military flight testing and evaluation; 
or 
(C) the designation or creation of new 
units of special use airspace, or the establish-
ment of military flight training routes over any 
wilderness area. 
(2) AERIAL
NAVIGATION
TRAINING
EXER-
CISES.—The 
Colorado 
Army 
National 
Guard, 
through the High-Altitude Army National Guard 
Aviation Training Site, may conduct aerial naviga-
tion training maneuver exercises over the wilderness 
areas designated by this Act— 
(A) in a manner consistent with the memo-
randum of understanding dated August 4, 
1987, among the Colorado Army National 
Guard, the Bureau of Land Management, and 
the Forest Service; or 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
(B) in a manner consistent with a subse-
quent memorandum of understanding entered 
into between the Colorado Army National 
Guard, the Bureau of Land Management, and 
the Forest Service. 
(f) RUNNING EVENTS.—The Secretary may continue 
to authorize competitive running events currently per-
mitted in the Redcloud Peak Wilderness Area and 
Handies Peak Wilderness Area in a manner compatible 
with the preservation of such areas as wilderness. 
(g) LAND TRADES.—If the Secretary trades privately 
owned land within the perimeter of the Redcloud Peak 
Wilderness Area or the Handies Peak Wilderness Area in 
exchange for Federal land, then such Federal land shall 
be located in Hinsdale County, Colorado. 
SEC. 4. WATER. 
(a) EFFECT ON WATER RIGHTS.—Nothing in this 
Act— 
(1) affects the use or allocation, in existence on 
the date of enactment of this Act, of any water, 
water right, or interest in water; 
(2) affects any vested absolute or decreed condi-
tional water right in existence on the date of enact-
ment of this Act, including any water right held by 
the United States; 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
(3) affects any interstate water compact in ex-
istence on the date of enactment of this Act; 
(4) authorizes or imposes any new reserved 
Federal water rights; and 
(5) shall be considered to be a relinquishment 
or reduction of any water rights reserved or appro-
priated by the United States in the State on or be-
fore the date of the enactment of this Act. 
(b) MIDSTREAM AREAS.— 
(1) PURPOSE.—The purpose of this subsection 
is to protect for the benefit and enjoyment of 
present and future generations— 
(A) the unique and nationally important 
values of areas designated as wilderness by sec-
tion 2(b) (including the geological, cultural, ar-
chaeological, paleontological, natural, scientific, 
recreational, environmental, biological, wilder-
ness, wildlife, riparian, historical, educational, 
and scenic resources of the public land); and 
(B) the water resources of area streams, 
based on seasonally available flows, that are 
necessary to support aquatic, riparian, and ter-
restrial species and communities. 
(2) WILDERNESS WATER RIGHTS.— 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
(A) IN GENERAL.—The Secretary shall en-
sure that any water rights within the wilderness 
designated by section 2(b) required to fulfill the 
purposes of such wilderness are secured in ac-
cordance with subparagraphs (B) through (G). 
(B) STATE LAW.— 
(i) PROCEDURAL
REQUIREMENTS.— 
Any water rights for which the Secretary 
pursues adjudication shall be appropriated, 
adjudicated, changed, and administered in 
accordance with the procedural require-
ments and priority system of State law. 
(ii) 
ESTABLISHMENT
OF
WATER 
RIGHTS.— 
(I) IN GENERAL.—Except as pro-
vided in subclause (II), the purposes 
and other substantive characteristics 
of the water rights pursued under this 
paragraph shall be established in ac-
cordance with State law. 
(II) 
EXCEPTION.—Notwith-
standing subclause (I) and in accord-
ance with this Act, the Secretary may 
appropriate and seek adjudication of 
water rights to maintain surface water 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
levels and stream flows on and across 
the wilderness designated by section 
2(b) to fulfill the purposes of such 
wilderness. 
(C) 
DEADLINE.—The 
Secretary 
shall 
promptly, but not earlier than January 1, 2015, 
appropriate the water rights required to fulfill 
the purposes of the wilderness designated by 
section 2(b). 
(D) 
REQUIRED
DETERMINATION.—The 
Secretary shall not pursue adjudication for any 
instream flow water rights unless the Secretary 
makes a determination pursuant to subpara-
graph (E)(ii) or (F). 
(E) COOPERATIVE ENFORCEMENT.— 
(i) IN GENERAL.—The Secretary shall 
not pursue adjudication of any Federal 
instream flow water rights established 
under this paragraph if— 
(I) the Secretary determines, 
upon adjudication of the water rights 
by the Colorado Water Conservation 
Board, that the Board holds water 
rights sufficient in priority, amount, 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
and timing to fulfill the purposes of 
this subsection; and 
(II) the Secretary has entered 
into a perpetual agreement with the 
Colorado Water Conservation Board 
to ensure full exercise, protection, and 
enforcement of the State water rights 
within the Wilderness to reliably fulfill 
the purposes of this subsection. 
(ii) ADJUDICATION.—If the Secretary 
determines that the provisions of clause (i) 
have not been met, the Secretary shall ad-
judicate and exercise any Federal water 
rights required to fulfill the purposes of 
the Wilderness in accordance with this 
paragraph. 
(F) INSUFFICIENT WATER RIGHTS.—If the 
Colorado Water Conservation Board modifies 
the instream flow water rights obtained under 
subparagraph (E) to such a degree that the 
Secretary determines that water rights held by 
the State are insufficient to fulfill the purposes 
of this Act, the Secretary shall adjudicate and 
exercise Federal water rights required to fulfill 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
the purposes of this Act in accordance with sub-
paragraph (B). 
(G) FAILURE TO COMPLY.—The Secretary 
shall promptly act to exercise and enforce the 
water rights described in subparagraph (E) if 
the Secretary determines that— 
(i) the State is not exercising its 
water rights consistent with subparagraph 
(E)(i)(I); or 
(ii) the agreement described in sub-
paragraph (E)(i)(II) is not fulfilled or com-
plied with sufficiently to fulfill the pur-
poses of this Act. 
(3) WATER
RESOURCE
FACILITY.—Notwith-
standing any other provision of law, beginning on 
the date of enactment of this Act, neither the Presi-
dent nor any other officer, employee, or agent of the 
United States shall fund, assist, authorize, or issue 
a license or permit for development of any new irri-
gation and pumping facility, reservoir, water con-
servation work, aqueduct, canal, ditch, pipeline, well, 
hydropower project, transmission, other ancillary fa-
cility, or other water, diversion, storage, or carriage 
structure in the wilderness designated by section 
2(b). 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
(c) ACCESS AND OPERATION.— 
(1) DEFINITION.—As used in this subsection, 
the term ‘‘water resource facility’’ means irrigation 
and pumping facilities, reservoirs, water conserva-
tion works, aqueducts, canals, ditches, pipelines, 
wells, hydropower projects, and transmission and 
other ancillary facilities, and other water diversion, 
storage, and carriage structures. 
(2) ACCESS
TO
WATER
RESOURCE
FACILI-
TIES.—Subject to the provisions of this subsection, 
the Secretary shall allow reasonable access to water 
resource facilities in existence on the date of enact-
ment of this Act within the areas described in sec-
tions 2(b) and 2(c), including motorized access 
where necessary and customarily employed on routes 
existing as of the date of enactment of this Act. 
(3) ACCESS
ROUTES.—Existing access routes 
within such areas customarily employed as of the 
date of enactment of this Act may be used, main-
tained, repaired, and replaced to the extent nec-
essary to maintain their present function, design, 
and serviceable operation, so long as such activities 
have no increased adverse impacts on the resources 
and values of the areas described in sections 2(b) 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS
and 2(c) than existed as of the date of enactment of 
this Act. 
(4) USE OF WATER RESOURCE FACILITIES.— 
Subject to the provisions of this subsection and sub-
section (a)(4), the Secretary shall allow water re-
source facilities existing on the date of enactment of 
this Act within areas described in sections 2(b) and 
2(c) to be used, operated, maintained, repaired, and 
replaced to the extent necessary for the continued 
exercise, in accordance with Colorado State law, of 
vested water rights adjudicated for use in connection 
with such facilities by a court of competent jurisdic-
tion prior to the date of enactment of this Act. The 
impact of an existing facility on the water resources 
and values of the area shall not be increased as a 
result of changes in the adjudicated type of use of 
such facility as of the date of enactment of this Act. 
(5) REPAIR
AND
MAINTENANCE.—Water re-
source facilities, and access routes serving such fa-
cilities, existing within the areas described in sec-
tions 2(b) and 2(c) on the date of enactment of this 
Act shall be maintained and repaired when and to 
the extent necessary to prevent increased adverse 
VerDate Mar 15 2010 
04:51 Jul 07, 2011
Jkt 099200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2420.IH
H2420
pwalker on DSK5TPTVN1PROD with BILLS