I
103D CONGRESS
1ST SESSION
H. R. 195
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
JANUARY 5, 1993
Mr. HEFLEY (for himself, Mr. MCINNIS, Mr. ALLARD, and Mr. SCHAEFER)
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.
This Act may be cited as the ‘‘Colorado Wilderness
Act of 1993’’.
SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION
SYSTEM.
(a) ADDITIONS.—The following lands in the State of
Colorado are hereby designated as wilderness and, there-
fore, as components of the National Wilderness Preserva-
tion System:
(1) Certain lands in the Gunnison Basin Re-
source Area administered by the Bureau of Land
Management which comprise approximately 1,470
acres, as generally depicted on a map entitled
‘‘American Flats Additions to the Big Blue Wilder-
ness—Proposal’’, dated May 1991, and which are
hereby incorporated in and shall be deemed to be a
part of the Big Blue Wilderness designated by Pub-
lic Law 96–560.
(2) Certain lands in the Gunnison Resource
Area administered by the Bureau of Land Manage-
ment which comprise approximately 140 acres, as
generally depicted on a map entitled ‘‘Larson Creek
Addition to the Big Blue Wilderness—Proposal’’,
dated May 1991, and which are hereby incorporated
in and shall be deemed to be a part of the Big Blue
Wilderness designated by Public Law 96–560.
(3) Certain lands in the Pike and San Isabel
National Forests which comprise approximately
40,150 acres, as generally depicted on a map enti-
tled ‘‘Buffalo Peaks Wilderness—Proposal’’, dated
May 1991, and which shall be known as the Buf-
falo Peaks Wilderness.
(4) Certain lands in the Gunnison National
Forest and in the Bureau of Land Management
Powderhorn Primitive Area which comprise approxi-
mately 60,100 acres as generally depicted on a map
entitled ‘‘Powderhorn Wilderness—Proposal’’, dated
May 1991, and which shall be known as the
Powderhorn Wilderness.
(5) Certain lands in the Routt National Forest
which comprise approximately 17,300 acres, as gen-
erally depicted on a map entitled ‘‘Davis Peak Addi-
tions to the Mount Zirkel Wilderness Proposal’’,
dated May 1991, and which are hereby incorporated
in and shall be deemed to be a part of the Mount
Zirkel Wilderness designated by Public Law 88–555.
(6) Certain lands in the San Isabel National
Forest which comprise approximately 22,040 acres
as generally depicted on a map entitled ‘‘Greenhorn
Mountain Wilderness—Proposal’’, dated May 1991,
and which shall be known as the Greenhorn Moun-
tain Wilderness.
(7) 
Certain 
lands 
in 
the 
Grand 
Mesa,
Uncompahgre, and Gunnison National Forests
which comprise approximately 32,000 acres as gen-
erally depicted on a map entitled ‘‘Fossil Ridge
Wilderness Proposal’’, dated May 1991, and which
shall be known as the Fossil Ridge Wilderness Area.
(8) Certain lands within the Pike and San Isa-
bel National Forests which comprise approximately
13,830 acres, as generally depicted on a map enti-
tled ‘‘Lost Creek Wilderness Proposal’’, dated May
1991, which are hereby incorporated in and shall be
deemed to be a part of the Lost Creek Wilderness
designated by Public Law 96–560: Provided, That
the Secretary of Agriculture (hereinafter in this Act
referred to as the ‘‘Secretary’’) is authorized to ac-
quire, only by donation or exchange, various mineral
reservations held by the State of Colorado within the
boundaries of the Lost Creek Wilderness additions
designated by this Act.
(9) 
Certain 
lands 
in 
the 
Grand 
Mesa,
Uncompahgre, and Gunnison National Forests
which comprise approximately 5,000 acres, as gen-
erally depicted on a map entitled ‘‘Oh-Be-Joyful Ad-
dition to the Raggeds Wilderness—Proposal’’, dated
May 1991, and which are hereby incorporated in
and shall be deemed to be a part of the Raggeds
Wilderness designated by Public Law 96–560.
(10) Certain lands in the San Juan National
Forest which comprise approximately 56,000 acres,
as generally depicted on a map entitled ‘‘Piedra Wil-
derness’’, dated July 1991 and which shall be known
as the Piedra Wilderness: Provided, That no motor-
ized travel shall be permitted on Forest Service trail
number 535, except for snowmobile travel during pe-
riods of adequate snow cover.
(11) Certain lands in the Grand Mesa,
Uncompahgre, and Gunnison National Forests
which comprise
approximately
18,000
acres,
as
generally depicted on a map entitled ‘‘Roubideau
Wilderness—Proposal’’, dated May 1991, and which
shall be known as the Roubideau Wilderness.
(12) Certain lands in the Rio Grande National
Forest which comprise approximately 207,330 acres,
as generally depicted on a map entitled ‘‘Sangre de
Cristo Wilderness—Proposal’’, dated May 1991, and
which shall be known as the Sangre de Cristo
Wilderness.
(13) Certain lands in the Routt National Forest
which comprise approximately 44,000 acres, as gen-
erally depicted on a map entitled ‘‘Service Creek
Wilderness Proposal’’, dated May 1991, which shall
be known as the Sarvis Creek Wilderness: Provided,
That the Secretary is authorized to acquire by pur-
chase, donation, or exchange, lands or interests
1959 report of the Bureau of Reclamation entitled
‘‘Ruedi Dam and Reservoir, Colorado,’’ and as fur-
ther modified and described in the description of the
proposal contained in the final environmental state-
ment for said project, dated April 16, 1975, under
the laws of the State of Colorado, shall be preju-
diced, expanded, diminished, altered, or affected by
this Act. Nothing in this Act shall be construed to
expand, abate, impair, impede, or interfere with the
construction, 
maintenance, 
or 
repair 
of 
said
Fryingpan-Arkansas Project facilities, nor the oper-
ation thereof, pursuant to the Operating Principles,
House Document 187, Eighty-third Congress, and
pursuant to the water laws of the State of Colorado:
And provided further, That nothing in this Act shall
be construed to impede, limit, or prevent the use of
the Fryingpan-Arkansas Project of its diversion sys-
tems to their full extent.
(16) Certain lands in the Arapaho National
Forest which comprise approximately 7,630 acres, as
generally depicted on a map entitled ‘‘St. Louis
Peak Wilderness—Proposal’’, dated May 1991, and
which shall be known as Byers Peak Wilderness.
(17) Certain lands in the Grand Mesa,
Uncompahgre, and Gunnison National Forests and
in the Bureau of Land Management Montrose Dis-
trict which comprise approximately 16,740 acres, as
generally depicted on a map entitled ‘‘Tabeguache
Wilderness—Proposal’’, dated May 1991, and which
shall be known as the Tabeguache Wilderness.
(18) Certain lands in the Arapaho National
Forest which comprise approximately 12,300 acres,
as generally depicted on a map entitled ‘‘Vasquez
Peak Wilderness—Proposal’’, dated May 1991, and
which shall be known as the Vasquez Peak Wilder-
ness.
(19) Certain lands in the San Juan National
Forest which comprise approximately 28,740 acres,
as generally depicted on a map entitled ‘‘West Nee-
dle Wilderness and Weminuche Wilderness Addi-
tion—Proposal’’, dated May 1991, and which are
hereby incorporated in and shall be deemed to be a
part of the Weminuche Wilderness designated by
Public Law 93–632.
(20) Certain lands in the Rio Grande National
Forest which comprise approximately 23,100 acres,
as generally depicted on a map entitled ‘‘Wheeler
Additions to the La Garita Wilderness—Proposal’’,
dated May 1991, and which shall be incorporated
into and shall be deemed to be a part of the La
Garita Wilderness.
(21) Certain lands in the Arapaho National
Forest which comprise approximately 12,100 acres,
as generally depicted on a map entitled ‘‘Williams
Fork Wilderness—Proposal’’, dated May 1991, and
which shall be known as the Farr Wilderness.
(22) Certain lands in the Arapaho National
Forest which comprise approximately 6,400 acres, as
generally depicted on a map entitled ‘‘Bowen Gulch
Additions to Never Summer Wilderness—Proposal’’,
dated May 1991, which are hereby incorporated into
and shall be deemed to be a part of the Never Sum-
mer Wilderness.
(b) MAPS
AND DESCRIPTION.—As soon as prac-
ticable after the date of enactment of this Act, the appro-
priate Secretary shall file a map and a legal description
of each area designated as wilderness by this Act with the
Committee on Energy and Natural Resources of the Unit-
ed States Senate and the Committee on Natural Resources
of the United States House of Representatives. Each map
and description shall have the same force and effect as
if included in this Act, except that the Secretary is author-
ized to correct clerical and typographical errors in such
legal descriptions and maps. Such maps and legal descrip-
tions shall be on file and available for public inspection
in the Office of the Chief of the Forest Service, Depart-
ment of Agriculture and the Office of the Director of the
Bureau of Land Management, Department of the Interior,
as appropriate.
SEC. 3. WATER RIGHTS.
(a) FINDINGS.—The Congress finds that—
(1) since virtually all of the lands designated as
wilderness by this Act lie at the headwaters of
streams and rivers that arise on those lands, the
designation of these lands as wilderness poses few,
if any, conflicts with existing water users in view of
the provisions of this Act, and the land management
agencies can protect these wilderness lands and their
water-related resources without asserting either im-
plied or express reserved water rights;
(2) these particular headwaters areas are not
appropriate for new water projects;
(3) while the Piedra Wilderness designated by
section 2(a)(10) of this Act is located downstream of
numerous State-granted conditional and absolute
water rights, the Forest Service can adequately pro-
tect the water-related resources of this wilderness
area by working in coordination with the Colorado
Water Conservation Board through a contractual
agreement between the Secretary and the Board (as
provided in subsection (e) of this section) to protect
and enforce instream flow filings established pursu-
ant to the provisions of section 37–92–102(3) of the
Colorado Revised Statutes by the Colorado Water
Court for Division 7; and
(4) the water-related values of the existing
Platte River Wilderness will be adequately protected
by the terms of the equitable apportionment decree
that the United States Supreme Court has issued
for allocation of the waters of the North Platte River
and its tributaries.
(b) WATER RIGHTS.—(1) Nothing in this Act or any
other Act of Congress shall constitute or be construed to
constitute either an express or implied reservation of water
or water rights arising from—
(A) wilderness designation for the lands des-
ignated as wilderness by this Act;
(B) the establishment of the Fossil Ridge Na-
tional Conservation Area pursuant to section 6 of
this Act; or
(C) the establishment of the Bowen Gulch
Backcountry Recreation Area pursuant to section 7
of this Act.
(2) The United States may acquire such water rights
as it deems necessary to carry out its responsibilities on
any lands designated as wilderness by this Act pursuant
to the substantive and procedural requirements of the
State of Colorado: Provided, That nothing in this Act shall
be construed to authorize the use of eminent domain to
acquire water rights for such lands.
(3) Notwithstanding any other provision of law, no
officer of the United States shall authorize or issue a per-
mit for the development of a new water resource facility
within the wilderness areas designated by this Act: Pro-
vided, That nothing in this Act shall affect irrigation,
pumping and transmission facilities, and water facilities
in existence within the boundaries of such wilderness
areas, nor shall anything in this Act be construed to limit
operation, maintenance, repair, modification or replace-
ment of existing facilities as provided in paragraph (f) of
this section.
(c) PIEDRA WILDERNESS.—The Secretary shall enter
into an agreement with the Colorado Water Conservation
Board to protect and enforce instream flow filings estab-
lished pursuant to the provisions of section 37–92–102(3)
of the Colorado Revised Statutes by the Water Court of
Water Division 7 of the State of Colorado, and neither
the United States nor any other person shall assert any
rights for water in the Piedra River for wilderness pur-
poses except those established pursuant to the provisions
of section 37–92–102(3) of the Colorado Revised Statutes
by the Water Court of Water Division 7 of the State of
Colorado.
(d) NORTH PLATTE RIVER.—Notwithstanding the
provisions of this Act or any prior Acts of Congress to
the contrary, neither the United States nor any other per-
son shall assert any rights which may be determined to
have been established for waters of the North Platte River
for purposes of the Platte River Wilderness established by
Public Law 98–550, located on the Colorado-Wyoming
State boundary, to the extent such rights would limit the
use or development of water within Colorado by present
and future holders of valid water rights in the North
Platte River and its tributaries, to the full extent allowed
under interstate compact or United States Supreme Court
equitable decree. Any such rights shall be junior and sub-
ordinate to use or development of Colorado’s full entitle-
ment to interstate waters of the North Platte River and
its tributaries within Colorado allowed under interstate
compact or United States Supreme Court equitable decree.
(e) INTERSTATE COMPACTS.—Nothing in this Act
shall be deemed to alter, modify, or amend any interstate
compact or equitable apportionment decree affecting the
allocation of water between or among the State of Colo-
rado and other States nor the full use and development
of such waters, and nothing in this title shall affect or
limit the use or development by holders of valid water
rights of Colorado’s full apportionment of such waters.
(f) ACCESS.—Reasonable access shall be allowed to
existing water diversion, carriage, storage and ancillary fa-
cilities within the wilderness areas designated by this Act,
including motorized access where necessary and customar-
ily employed on existing routes. The present diversion, car-
riage and storage capacity of existing water facilities, and
the present condition of existing access routes, may be op-
erated, maintained, repaired and replaced as necessary to
maintain serviceable conditions: Provided, That, unless au-
thorized by applicable statute: (i) the original function and
impact of an existing facility or access route on wilderness
values shall not be increased as a result of changes in op-
eration; (ii) existing facilities and access routes shall be
maintained and repaired when necessary to prevent in-
creased impacts on wilderness values; and (iii) the original
function and impact of existing facilities and access routes
on wilderness values shall not be increased subsequent to
maintenance, repair, or replacement.
(g) PRECEDENTS.—Nothing in this section shall be
construed as establishing a precedent with regard to any
future wilderness designations, nor shall it constitute an
interpretation of any other Act or any wilderness designa-
tion made pursuant thereto.
SEC. 4. ADMINISTRATION OF THE WILDERNESS AREAS.
(a) IN GENERAL.—(1) Subject to valid existing
rights, each wilderness area designation by this Act shall
be administered by the Secretary or the Secretary of the
Interior, as appropriate, in accordance with the Wilder-
ness Act (16 U.S.C. 1131 et seq.) and this Act, except
that, with respect to any wilderness areas designated by
this Act, any reference in the Wilderness Act to the effec-
tive date of the Wilderness Act shall be deemed to be a
reference to the date of enactment of this Act.
(2) Administrative jurisdiction over those lands des-
ignated as wilderness pursuant to paragraphs (1), (2), and
(12) of section 2(a) of this Act, and which, as of the date
of enactment of this Act, are administered by the Bureau
of Land Management, is hereby transferred to the Forest
Service.
(b) GRAZING.—(1) 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.
(2) REVIEW.—The Secretary of the Interior is di-
rected to review all policies, practices, and regulations of
the Bureau of Land Management-administered wilderness
areas in Colorado to ensure that such policies, practices,
and regulations full conform with and implement the in-
tent of Congress regarding grazing in such areas as such
intent is expressed in this Act.
(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) REPEAL OF WILDERNESS STUDY AND FURTHER
PLANNING AREAS STATUS.—(1) Public Law 96–560 is
amended by striking sections 105(c) and 106(b).
(2) Section 2(e) of the Endangered American Wilder-
ness Act of 1978 (92 Stat. 41) is amended by striking
‘‘Subject to’’ and all that follows through ‘‘System’’.
(e) BUFFER ZONES.—Congress does not intend that
the designation by this Act of wilderness area areas in the
State of Colorado creates or implies the creation of protec-
tive perimeters or buffer zones around any wilderness
area. The fact that non-wilderness activities or uses can
be seen or heard from within a wilderness areas shall not,
of itself, preclude such activities or uses up to the bound-
ary of the wilderness area.
SEC. 5. WILDERNESS REVIEW CONCERNS.
(a) FINDINGS.—The Congress finds that—
(1) the Department of Agriculture has ade-
quately met the wilderness study requirements of
Public Law 96–560, Public Law 95–237, and sec-
tion 12(g) of Public Law 98–141;
(2) the initial Land and Resource Management
Plans and associated environmental impact state-
ments (hereinafter referred to as ‘‘land and resource
management plans’’) for the National Forests in the
State of Colorado have been completed as required
by section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1976;
(3) the Department of Agriculture, with sub-
stantial public input, has reviewed the wilderness po-
tential of these and other areas; and
(4) the Congress has made its own examination
of National Forest System roadless areas in the
State of Colorado and of the environmental impacts
associated with alternative allocations of such areas.
(b) On the basis of such review, the Congress hereby
determines and directs that—
(1) with respect to the National Forest System
lands in the State of Colorado that were reviewed by
the Department of Agriculture in wilderness studies
conducted pursuant to Public Law 95–237, Public
Law 96–560, and section 12(g) of Public Law 98–
141, and the initial land and resource management
plans, such reviews shall be deemed for the purposes
of the initial land and resource management plans
required for such lands by the Forest and Range-
land Renewable Resources Planning Act of 1974, as
amended by the National Forest Management Act of
1976, to be an adequate consideration of the suit-
ability of such lands for inclusion in the National
Wilderness Preservation System and the Department
of Agriculture shall not be required to review the
wilderness option prior to the revision of the plans
but shall review the wilderness option when the
plans are revised, which revisions will ordinarily
occur on a 10-year cycle, or at least every 15 years,
unless prior to such time the Secretary finds that
conditions in a unit have significantly changed;
(2) except as may be specifically provided in
sections 6 and 7 of this Act, those areas in the State
of Colorado referred to in subparagraph (1) of this
subsection which were not designated as wilderness