IB
Union Calendar No. 249
107TH CONGRESS
2D SESSION
H. R. 2963
[Report No. 107–416]
To establish the Deep Creek Wilderness Area, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 25, 2001
Mr. MCINNIS introduced the following bill; which was referred to the
Committee on Resources
APRIL 23, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on September 25, 2001]
A BILL
To establish the Deep Creek Wilderness Area, 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 ‘‘Deep Creek-Yampatika
Ute Wilderness Act’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) Certain areas located in the White River Na-
tional Forest and the Bureau of Land Management,
Glenwood Springs Resource Area, in Colorado along
Deep Creek should be protected and enhanced for the
benefit and enjoyment of present and future genera-
tions, including the areas making up the rugged and
remote limestone gorge formed by Deep Creek on the
White River Plateau of the White River National For-
est in Garfield and Eagle Counties, Colorado, which
have wilderness values and offer unique and valuable
scenic, geological, scientific, and recreational opportu-
nities.
(2) The unique high elevation riparian areas
and natural and wildlife components, enhanced by
the rural western setting of the area, provide extensive
opportunities for primitive recreational activities, are
publicly used for hiking, cave exploration, and soli-
tude, and are worthy of additional protection as a
wilderness area.
(3) Deep Creek carves a rugged and remote lime-
stone gorge, forming a dramatic pristine canyon over
2,500 feet deep and 13 miles long.
(4) The limestone strata have created ideal con-
ditions for the formation of caves, many of which are
among Colorado’s most outstanding.
(5) There are both absolute and conditional de-
creed water rights appertaining to waters upstream
and downstream from the Wilderness Area. These
rights are private property rights and are entitled to
protection.
(6) It is possible to provide for proper manage-
ment and protection of the wilderness values of the
Wilderness Area in ways that provide for the reason-
able development of the upstream and adjacent water
rights.
(7) Out of respect for the native Ute people who
frequented the area near Trappers Lake and the Deep
Creek headwaters for centuries, the Wilderness Area
shall be known as the Deep Creek-Yampatika Ute
Wilderness.
(8) Colorado law authorizes the Colorado Water
Conservation Board to hold instream flow rights in
order to protect the natural environment. Establish-
ment and/or augmentation of such an instream flow
right for Deep Creek, abandonment of existing condi-
tional rights appertaining to waters upstream from
the Wilderness Area, and/or conversion to such
instream flow rights of existing absolute water rights
appertaining to such waters would be beneficial to the
protection of the resources and values of the Wilder-
ness Area.
(9) There are no known water resource facilities
or projects, or rights-of-way or access routes serving
water resource facilities or projects, within the Wil-
derness Area. Therefore, it is not necessary to include
provisions in this Act for access, operation, routes,
maintenance, or repair for water resource facilities or
projects.
(b) PURPOSE.—The purpose of this Act is to conserve,
protect, and enhance for the benefit and enjoyment of
present and future generations the unique and nationally
important values of the Federal lands depicted on the Map,
including wilderness, geological, natural, scientific, rec-
reational, environmental, biological, and scenic resources of
such Federal lands, by establishing the Deep Creek-
Yampatika Ute Wilderness Area in the State of Colorado.
SEC. 3. DEFINITIONS.
In this Act:
(1) WILDERNESS AREA.—The term ‘‘Wilderness
Area’’ means the Deep Creek-Yampatika Ute Wilder-
ness Area established by section 4.
(2) MAP.—The term ‘‘Map’’ means the map enti-
tled ‘‘Proposed Deep Creek-Yampatika Ute Wilderness
Area’’ and dated February 25, 2002.
(3) 
SECRETARY.—The 
term 
‘‘Secretary’’
means—
(A) the Secretary of Agriculture, acting
through the Chief of the Forest Service, with re-
gard to lands over which that Secretary has ju-
risdiction; and
(B) the Secretary of the Interior, acting
through the Director of the Bureau of Land
Management, with regard to lands over which
that Secretary has jurisdiction.
SEC. 4. DEEP CREEK-YAMPATIKA UTE WILDERNESS AREA
DESIGNATION.
(a) IN GENERAL.—In furtherance of the Wilderness
Act, there is established the Deep Creek-Yampatika Ute Wil-
derness Area in the State of Colorado.
(b) AREAS INCLUDED.—The Wilderness Area shall
consist of approximately 7,350 acres of Federal land as gen-
erally depicted on the Map.
(c) EFFECTIVE DATE.—
(1) DETERMINATION.—Subsections (a) and (b)
shall take effect upon a determination by the Sec-
retary of Agriculture that—
(A) conditional water rights described in
section 6(e)(3)(A)(i) have been canceled or aban-
doned;
(B) absolute water rights described in sec-
tion 6(e)(3)(A)(ii) have been conveyed to the Col-
orado Water Conservation Board for conversion
to instream flows under Colorado law; or
(C) the Colorado Water Conservation Board
has made a final determination regarding
whether or not instream flow levels in Deep
Creek are adequate.
(2) NOTICE.—As soon as practicable after mak-
ing a determination under paragraph (1), the Sec-
retary of Agriculture shall publish notice of that de-
termination in the Federal Register.
SEC. 5. MANAGEMENT.
(a) WILDERNESS AREA.—After making a determina-
tion under section 4(c), the Secretary, shall manage the Wil-
derness Area in a manner that—
(1) conserves, protects, and enhances the re-
sources of the Wilderness Area; and
(2) is in accordance with—
(A) the Wilderness Act (16 U.S.C. 1131 et
seq.), except that, with respect to any wilderness
areas designated by this Act, any reference in the
Wilderness Act to the effective date of the Wilder-
ness Act shall be deemed to be a reference to the
date of the enactment of this Act;
(B) the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.); and
(C) other applicable law, including this Act.
(b) WITHDRAWALS.—Subject to valid existing rights,
all Federal lands within the Wilderness Area are with-
drawn from—
(1) all forms of entry, appropriation, or disposal
under the public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) the operation of the mineral leasing, mineral
materials, and geothermal leasing laws, and all
amendments thereto.
(c) AERIAL NAVIGATION TRAINING EXERCISES.—
(1) IN GENERAL.—The Colorado Army National
Guard, through the High Altitude ARNG Aviation
Training Site, shall continue to be allowed to conduct
aerial navigation training maneuver exercises over
and upon the lands within the Wilderness Area in a
manner consistent with the memorandum of under-
standing dated August 4, 1987, among the Colorado
Army National Guard, the Bureau of Land Manage-
ment, and the United States Forest Service as inter-
preted and implemented prior to the date of the en-
actment of this Act.
(2) REVIEW
AND
MODIFICATION
OF
MEMO-
RANDUM OF UNDERSTANDING.—The memorandum of
understanding referred to in paragraph (1) may be
modified subject to the agreement of all parties there-
to. The parties to the memorandum of understanding
shall review the memorandum and associated annual
operating plan not later than 180 days after the date
of the enactment of this Act, and annually thereafter
while the memorandum of understanding is in effect.
The review shall include consideration of alternative
locations over National Forest System lands and
lands administered by the Bureau of Land Manage-
ment outside of the Wilderness Area for the conduct
of activities identified in the memorandum. If the
Colorado Army National Guard identifies such an al-
ternate location outside of the Wilderness Area that
meets its aerial training needs, the memorandum of
understanding shall be modified accordingly, subject
to the agreement of all parties thereto.
(d) HUNTING AND FISHING.—Nothing in this Act shall
affect the authority of the Colorado Division of Wildlife to
regulate hunting or fishing in the Wilderness Area.
(e) GRAZING.—
(1) IN GENERAL.—Except as provided by para-
graph (2), the Secretary shall issue and administer
any grazing leases or permits in the Wilderness Area
in accordance with the same laws (including regula-
tions) and Executive orders followed by the Secretary
in issuing and administering grazing leases and per-
mits on other land under the jurisdiction of the Forest
Service and Bureau of Land Management, respec-
tively.
(2) GRAZING IN WILDERNESS AREA.—
(A) FOREST SERVICE LANDS.—Grazing of
livestock in the Wilderness Area on lands that
are under the jurisdiction of the Forest Service
shall be administered in accordance with the
provisions of section 4(d)(4) of the Wilderness
Act (16 U.S.C. 1133(d)(4)), in accordance with
the guidelines set forth under the heading ‘‘Graz-
ing in National Forest Wilderness’’ in House Re-
port 96–617 of the 96th Congress.
(B) BLM LANDS.—Grazing of livestock in
the Wilderness Area on lands that are under the
jurisdiction of the Bureau of Land Management
shall be administered in accordance with the
provisions of section 4(d)(4) of the Wilderness
Act (16 U.S.C. 1133(d)(4)), in accordance with
the guidelines set forth in Appendix A of House
Report 101–405 of the 101st Congress.
(f) NO BUFFER ZONES.—Congress does not intend for
the establishment of the Wilderness Area to lead to the cre-
ation of protective perimeters or buffer zones around the
Wilderness Area. The fact that there may be activities or
uses on lands outside the Wilderness Area that would not
be allowed in the Wilderness Area shall not preclude such
activities or uses on such lands up to the boundary of the
Wilderness Area consistent with other applicable laws.
SEC. 6. WATER RIGHTS AND MANAGEMENT.
(a) DEFINITION.—As used in this section, the term
‘‘water resource facility’’ means irrigation and pumping fa-
cilities, reservoirs, water conservation works, aqueducts, ca-
nals, ditches, pipelines, wells, hydropower projects and
transmission and other ancillary facilities, and other water
diversion, storage, and carriage structures.
(b) RESTRICTIONS ON RIGHTS AND DISCLAIMER OF
EFFECT.—
(1) RESTRICTIONS ON RIGHTS.—Neither the Sec-
retary of Agriculture nor the Secretary of the Interior,
nor any other officer, employee, representative, or
agent of the United States, nor any other person,
shall assert in any court or agency, nor shall any
court or agency consider, any claim to or for water
or water rights in the State of Colorado, which is
based on any construction of any portion of this Act,
or the designation of any lands as wilderness by this
Act, as constituting an express or implied reservation
of water or water rights.
(2) DISCLAIMER OF EFFECT.—(A) Nothing in
this Act shall—
(i) be construed as a recognition, dis-
claimer, relinquishment, or reduction of any
water rights of the United States in the State of
Colorado existing before the date of the enact-
ment of this Act; or
(ii) be construed as constituting an inter-
pretation of any other Act or any designation
made by or pursuant thereto.
(B) Nothing in this section shall be construed as
establishing a precedent with regard to any future
wilderness designations.
(c) NEW OR EXPANDED PROJECTS.—Notwithstanding
any other provision of law, on and after the date of the
enactment of this Act, neither the President nor any other
officer, employee, or agent of the United States shall fund,
assist, authorize, or issue a license or permit for the develop-
ment of any new water resource facility within lands des-
ignated wilderness pursuant to this Act.
(d) INTERSTATE COMPACTS.—Nothing in this Act, and
nothing in any previous Act designating any lands as wil-
derness, shall be construed as limiting, altering, modifying,
or amending any of the interstate compacts or equitable ap-
portionment decrees that apportion water among and be-
tween the State of Colorado and other States. Except as ex-
pressly provided in this section, nothing in this Act shall
affect or limit the development or use by existing and future
holders of vested water rights of Colorado’s full apportion-
ment of such waters.
(e) STREAM FLOWS.—
(1) RECOMMENDATIONS.—The Secretary of Agri-
culture shall consult with the Colorado Water Con-
servation Board regarding instream flow protection
recommendations on Deep Creek within the Wilder-
ness Area and shall do so in accordance with Colo-
rado law and in consultation with interested parties
and local elected officials.
(2) RESTATEMENT OF CURRENT LAW.—As pro-
vided by Federal and Colorado State law, the Sec-
retary may continue to enter into enforcement agree-
ments with the Colorado Water Conservation Board
for monitoring and protecting instream flows.
(3) GRANTS FOR COMPENSATION RELATING TO
WATER RIGHTS.—
(A) IN GENERAL.—The Secretary of Agri-
culture may make a grant to the Department of
Natural Resources of the State of Colorado for
the following purposes:
(i) CONDITIONAL
WATER
RIGHTS.—
Compensating willing parties for canceling
or otherwise abandoning conditional water
rights within or upstream of the Wilderness
Area which would protect the natural envi-
ronment within the Wilderness Area.
(ii) ABSOLUTE WATER RIGHTS.—Com-
pensating willing parties for conveying ab-
solute water rights within or upstream of
the Wilderness Area to the Colorado Water
Conservation 
Board 
for 
conversion 
to
instream flows under Colorado law.
(B) 
ENFORCEABLE
AGREEMENT.—Com-
pensation under clauses (i) and (ii) of subpara-
graph (A) shall be given pursuant to an enforce-
able agreement between the Department of Nat-
ural Resources of the State of Colorado and the
willing party setting out the fair market value
for the conditional water rights to be canceled or
abandoned, or the absolute water rights to be
conveyed, as applicable. The fair market value
shall be determined by an independent ap-
praisal, performed by an appraiser to be mutu-
ally agreed upon by the Secretary of Agriculture,
the Department of Natural Resources of the State
of Colorado, and the willing party.
(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
for the purposes of this paragraph $300,000.
SEC. 7. MAP AND LEGAL DESCRIPTION.
(a) IN GENERAL.—As soon as practicable after the
date of the enactment of this Act, the Secretary shall submit
to Congress a copy of the Map and a legal description of
the Wilderness Area.
(b) FORCE AND EFFECT.—The Map and legal 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 and the legal description.
(c) PUBLIC AVAILABILITY.—Copies of the Map and the
legal description shall be on file and available for public
inspection in the following:
(1) The Office of the Director of the Bureau of
Land Management.
(2) The Office of the Chief of the Forest Service.
(3) The Office of the State Director of the Bu-
reau of Land Management in Colorado and the Glen-
wood Springs Resource area Office in Glenwood
Springs, Colorado.
(4) The Office of the Regional Forester of the
Forest Service in Colorado, and of the White River
National Forest, Forest Ranger Office in Glenwood
Springs, Colorado.
(d) MAP CONTROLLING.—In the case of a discrepancy
between the Map and the descriptions, the Map shall con-
trol.
SEC. 8. WILDERNESS POTENTIAL.
Nothing in the Act shall preclude or restrict the au-
thority of the Secretary to evaluate the suitability of
roadless and unroaded areas adjacent to the Wilderness
Area for inclusion in the National Wilderness Preservation
System or to make recommendations to Congress for such
inclusions.
Union Calendar No. 249
107TH CONGRESS
2D SESSION
H. R. 2963
[Report No. 107–416]
A BILL
To establish the Deep Creek Wilderness Area, and
for other purposes.
APRIL 23, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed