Idaho Wilderness Water Resources Protection Act

Bill: 113-hr-876
Sponsor: full_name: Rep. Simpson, Michael K. [R-ID-2]
Introduced: 2013-02-27
Policy area: Public Lands and Natural Resources
Subjects: Idaho

Licensing and registrations

Water storage

Water use and supply

Wilderness and natural areas, wildlife refuges, wild rivers, habitats
Latest action: action_date: 2014-07-25
text: Became Public Law No: 113-136.

Summaries:
action_date: 2013-02-27
action_desc: Introduced in House
text: <p>Idaho Wilderness Water Resources Protection Act - Directs the Secretary of Agriculture (USDA) to issue a special use authorization for the continued operation and reconstruction of a water storage, transport, or diversion facility located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness in Idaho if:</p> <ul> <li>the facility was in existence on the date on which it was designated as part of the National Wilderness Preservation System;</li> <li>the facility has been in continuous use to deliver water for beneficial use on the owner's non-federal land;</li> <li> the owner holds a valid water right under state law that predates the designation; and </li> <li>relocating the facility is not practicable or feasible.</li> </ul>

action_date: 2013-05-17
action_desc: Reported to House without amendment
text: <p><strong><strong>(This</strong> <strong>measure</strong> <strong>has</strong> <strong>not</strong> <strong>been</strong> <strong>amended</strong> <strong>since</strong> <strong>it</strong> <strong>was</strong> <strong>introduced</strong>. The summary of that version is repeated here.)</strong></p> <p>Idaho Wilderness Water Resources Protection Act - Directs the Secretary of Agriculture (USDA) to issue a special use authorization for the continued operation and reconstruction of a water storage, transport, or diversion facility located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness in Idaho if:</p> <ul> <li>the facility was in existence on the date on which it was designated as part of the National Wilderness Preservation System;</li> <li>the facility has been in continuous use to deliver water for beneficial use on the owner's non-federal land;</li> <li> the owner holds a valid water right under state law that predates the designation; and </li> <li>relocating the facility is not practicable or feasible.</li> </ul>

action_date: 2013-06-17
action_desc: Passed House without amendment
text: <p><strong><strong>(This</strong> <strong>measure</strong> <strong>has</strong> <strong>not</strong> <strong>been</strong> <strong>amended</strong> <strong>since</strong> <strong>it</strong> <strong>was</strong> <strong>introduced</strong>. The summary of that version is repeated here.)</strong></p> <p>Idaho Wilderness Water Resources Protection Act - Directs the Secretary of Agriculture (USDA) to issue a special use authorization for the continued operation and reconstruction of a water storage, transport, or diversion facility located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness in Idaho if:</p> <ul> <li>the facility was in existence on the date on which it was designated as part of the National Wilderness Preservation System;</li> <li>the facility has been in continuous use to deliver water for beneficial use on the owner's non-federal land;</li> <li> the owner holds a valid water right under state law that predates the designation; and </li> <li>relocating the facility is not practicable or feasible.</li> </ul>

action_date: 2014-04-10
action_desc: Reported to Senate without amendment
text: <p><strong><strong>(This</strong> <strong>measure</strong> <strong>has</strong> <strong>not</strong> <strong>been</strong> <strong>amended</strong> <strong>since</strong> <strong>it</strong> <strong>was</strong> <strong>introduced</strong>. The summary of that version is repeated here.)</strong></p> <p>Idaho Wilderness Water Resources Protection Act - Directs the Secretary of Agriculture (USDA) to issue a special use authorization for the continued operation and reconstruction of a water storage, transport, or diversion facility located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness in Idaho if:</p> <ul> <li>the facility was in existence on the date on which it was designated as part of the National Wilderness Preservation System;</li> <li>the facility has been in continuous use to deliver water for beneficial use on the owner's non-federal land;</li> <li> the owner holds a valid water right under state law that predates the designation; and </li> <li>relocating the facility is not practicable or feasible.</li> </ul>

action_date: 2014-07-09
action_desc: Passed Senate without amendment
text: <p><strong><strong>(This</strong> <strong>measure</strong> <strong>has</strong> <strong>not</strong> <strong>been</strong> <strong>amended</strong> <strong>since</strong> <strong>it</strong> <strong>was</strong> <strong>introduced</strong>. The summary of that version is repeated here.)</strong></p> <p>Idaho Wilderness Water Resources Protection Act - Directs the Secretary of Agriculture (USDA) to issue a special use authorization for the continued operation and reconstruction of a water storage, transport, or diversion facility located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness in Idaho if:</p> <ul> <li>the facility was in existence on the date on which it was designated as part of the National Wilderness Preservation System;</li> <li>the facility has been in continuous use to deliver water for beneficial use on the owner's non-federal land;</li> <li> the owner holds a valid water right under state law that predates the designation; and </li> <li>relocating the facility is not practicable or feasible.</li> </ul>

action_date: 2014-07-25
action_desc: Public Law
text: <p><strong><strong>(This</strong> <strong>measure</strong> <strong>has</strong> <strong>not</strong> <strong>been</strong> <strong>amended</strong> <strong>since</strong> <strong>it</strong> <strong>was</strong> <strong>introduced</strong>. The summary of that version is repeated here.)</strong></p> <p>Idaho Wilderness Water Resources Protection Act - Directs the Secretary of Agriculture (USDA) to issue a special use authorization for the continued operation and reconstruction of a water storage, transport, or diversion facility located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness in Idaho if:</p> <ul> <li>the facility was in existence on the date on which it was designated as part of the National Wilderness Preservation System;</li> <li>the facility has been in continuous use to deliver water for beneficial use on the owner's non-federal land;</li> <li> the owner holds a valid water right under state law that predates the designation; and </li> <li>relocating the facility is not practicable or feasible.</li> </ul>

tv_txt: I 113th CONGRESS 1st Session H. R. 876 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Simpson 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 Selway-Bitterroot Wilderness in the State of Idaho, and for other purposes.

1. Short title This Act may be cited as the Idaho Wilderness Water Resources Protection Act . 2. Treatment of existing water diversions in Frank Church-River of No Return Wilderness and Selway-Bitterroot Wilderness, Idaho (a) Authorization for continued use The Secretary of Agriculture shall issue a special use authorization to the owners of a water storage, transport, or diversion facility (in this section referred to as a facility ) located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that— (1) the facility was in existence on the date on which the land upon which the facility is located was designated as part of the National Wilderness Preservation System (in this section referred to as the date of designation ); (2) the facility has been in substantially continuous use to deliver water for the beneficial use on the owner’s non-Federal land since the date of designation; (3) the owner of the facility holds a valid water right for use of the water on the owner’s non-Federal land under Idaho State law, with a priority date that predates the date of designation; and (4) it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (b) Terms and conditions (1) Required terms and conditions In a special use authorization issued under subsection (a), the Secretary shall— (A) allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that— (i) the use is necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under Idaho State law; and (ii) the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (B) preclude use of the facility for the storage, diversion, or transport of water in excess of the water right recognized by the State of Idaho on the date of designation. (2) Discretionary terms and conditions In a special use authorization issued under subsection (a), the Secretary may— (A) require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act ( 16 U.S.C. 1131 ) if the beneficial use of water on the non-Federal land is not diminished; and (B) require that the owner provide a reciprocal right of access across the non-Federal property, in which case, the owner shall receive market value for any right-of-way or other interest in real property conveyed to the United States, and market value may be paid by the Secretary, in whole or in part, by the grant of a reciprocal right-of-way, or by reduction of fees or other costs that may accrue to the owner to obtain the authorization for water facilities.

tv_txt: IB Union Calendar No. 52 113th CONGRESS 1st Session H. R. 876 [Report No. 113–76] IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Simpson introduced the following bill; which was referred to the Committee on Natural Resources May 17, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed 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 Selway-Bitterroot Wilderness in the State of Idaho, and for other purposes.

1. Short title This Act may be cited as the Idaho Wilderness Water Resources Protection Act . 2. Treatment of existing water diversions in Frank Church-River of No Return Wilderness and Selway-Bitterroot Wilderness, Idaho (a) Authorization for continued use The Secretary of Agriculture shall issue a special use authorization to the owners of a water storage, transport, or diversion facility (in this section referred to as a facility ) located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that— (1) the facility was in existence on the date on which the land upon which the facility is located was designated as part of the National Wilderness Preservation System (in this section referred to as the date of designation ); (2) the facility has been in substantially continuous use to deliver water for the beneficial use on the owner’s non-Federal land since the date of designation; (3) the owner of the facility holds a valid water right for use of the water on the owner’s non-Federal land under Idaho State law, with a priority date that predates the date of designation; and (4) it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (b) Terms and conditions (1) Required terms and conditions In a special use authorization issued under subsection (a), the Secretary shall— (A) allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that— (i) the use is necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under Idaho State law; and (ii) the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (B) preclude use of the facility for the storage, diversion, or transport of water in excess of the water right recognized by the State of Idaho on the date of designation. (2) Discretionary terms and conditions In a special use authorization issued under subsection (a), the Secretary may— (A) require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act ( 16 U.S.C. 1131 ) if the beneficial use of water on the non-Federal land is not diminished; and (B) require that the owner provide a reciprocal right of access across the non-Federal property, in which case, the owner shall receive market value for any right-of-way or other interest in real property conveyed to the United States, and market value may be paid by the Secretary, in whole or in part, by the grant of a reciprocal right-of-way, or by reduction of fees or other costs that may accrue to the owner to obtain the authorization for water facilities.

May 17, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: IIB 113th CONGRESS 1st Session H. R. 876 IN THE SENATE OF THE UNITED STATES June 18, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT 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.

1. Short title This Act may be cited as the Idaho Wilderness Water Resources Protection Act . 2. Treatment of existing water diversions in Frank Church-River of No Return Wilderness and Selway-Bitterroot Wilderness, Idaho (a) Authorization for continued use The Secretary of Agriculture shall issue a special use authorization to the owners of a water storage, transport, or diversion facility (in this section referred to as a facility ) located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that— (1) the facility was in existence on the date on which the land upon which the facility is located was designated as part of the National Wilderness Preservation System (in this section referred to as the date of designation ); (2) the facility has been in substantially continuous use to deliver water for the beneficial use on the owner’s non-Federal land since the date of designation; (3) the owner of the facility holds a valid water right for use of the water on the owner’s non-Federal land under Idaho State law, with a priority date that predates the date of designation; and (4) it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (b) Terms and conditions (1) Required terms and conditions In a special use authorization issued under subsection (a), the Secretary shall— (A) allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that— (i) the use is necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under Idaho State law; and (ii) the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (B) preclude use of the facility for the storage, diversion, or transport of water in excess of the water right recognized by the State of Idaho on the date of designation. (2) Discretionary terms and conditions In a special use authorization issued under subsection (a), the Secretary may— (A) require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act ( 16 U.S.C. 1131 ) if the beneficial use of water on the non-Federal land is not diminished; and (B) require that the owner provide a reciprocal right of access across the non-Federal property, in which case, the owner shall receive market value for any right-of-way or other interest in real property conveyed to the United States, and market value may be paid by the Secretary, in whole or in part, by the grant of a reciprocal right-of-way, or by reduction of fees or other costs that may accrue to the owner to obtain the authorization for water facilities.

Passed the House of Representatives June 17, 2013. Karen L. Haas, Clerk

tv_txt: IB 113th CONGRESS 1st Session H. R. 876 IN THE HOUSE OF REPRESENTATIVES AN ACT 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.

1. Short title This Act may be cited as the Idaho Wilderness Water Resources Protection Act . 2. Treatment of existing water diversions in Frank Church-River of No Return Wilderness and Selway-Bitterroot Wilderness, Idaho (a) Authorization for continued use The Secretary of Agriculture shall issue a special use authorization to the owners of a water storage, transport, or diversion facility (in this section referred to as a facility ) located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that— (1) the facility was in existence on the date on which the land upon which the facility is located was designated as part of the National Wilderness Preservation System (in this section referred to as the date of designation ); (2) the facility has been in substantially continuous use to deliver water for the beneficial use on the owner’s non-Federal land since the date of designation; (3) the owner of the facility holds a valid water right for use of the water on the owner’s non-Federal land under Idaho State law, with a priority date that predates the date of designation; and (4) it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (b) Terms and conditions (1) Required terms and conditions In a special use authorization issued under subsection (a), the Secretary shall— (A) allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that— (i) the use is necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under Idaho State law; and (ii) the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (B) preclude use of the facility for the storage, diversion, or transport of water in excess of the water right recognized by the State of Idaho on the date of designation. (2) Discretionary terms and conditions In a special use authorization issued under subsection (a), the Secretary may— (A) require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act ( 16 U.S.C. 1131 ) if the beneficial use of water on the non-Federal land is not diminished; and (B) require that the owner provide a reciprocal right of access across the non-Federal property, in which case, the owner shall receive market value for any right-of-way or other interest in real property conveyed to the United States, and market value may be paid by the Secretary, in whole or in part, by the grant of a reciprocal right-of-way, or by reduction of fees or other costs that may accrue to the owner to obtain the authorization for water facilities.

Passed the House of Representatives June 17, 2013. Karen L. Haas, Clerk.

tv_txt: II Calendar No. 361 113th CONGRESS 2d Session H. R. 876 [Report No. 113–150] IN THE SENATE OF THE UNITED STATES June 18, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources April 10, 2014 Reported by Ms. Landrieu , without amendment AN ACT 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.

1. Short title This Act may be cited as the Idaho Wilderness Water Resources Protection Act . 2. Treatment of existing water diversions in Frank Church-River of No Return Wilderness and Selway-Bitterroot Wilderness, Idaho (a) Authorization for continued use The Secretary of Agriculture shall issue a special use authorization to the owners of a water storage, transport, or diversion facility (in this section referred to as a facility ) located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that— (1) the facility was in existence on the date on which the land upon which the facility is located was designated as part of the National Wilderness Preservation System (in this section referred to as the date of designation ); (2) the facility has been in substantially continuous use to deliver water for the beneficial use on the owner’s non-Federal land since the date of designation; (3) the owner of the facility holds a valid water right for use of the water on the owner’s non-Federal land under Idaho State law, with a priority date that predates the date of designation; and (4) it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (b) Terms and conditions (1) Required terms and conditions In a special use authorization issued under subsection (a), the Secretary shall— (A) allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that— (i) the use is necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under Idaho State law; and (ii) the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (B) preclude use of the facility for the storage, diversion, or transport of water in excess of the water right recognized by the State of Idaho on the date of designation. (2) Discretionary terms and conditions In a special use authorization issued under subsection (a), the Secretary may— (A) require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act ( 16 U.S.C. 1131 ) if the beneficial use of water on the non-Federal land is not diminished; and (B) require that the owner provide a reciprocal right of access across the non-Federal property, in which case, the owner shall receive market value for any right-of-way or other interest in real property conveyed to the United States, and market value may be paid by the Secretary, in whole or in part, by the grant of a reciprocal right-of-way, or by reduction of fees or other costs that may accrue to the owner to obtain the authorization for water facilities.

April 10, 2014 Reported without amendment

tv_txt: IB One Hundred Thirteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen H. R. 876 AN ACT 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.

1. Short title This Act may be cited as the Idaho Wilderness Water Resources Protection Act . 2. Treatment of existing water diversions in Frank Church-River of No Return Wilderness and Selway-Bitterroot Wilderness, Idaho (a) Authorization for continued use The Secretary of Agriculture shall issue a special use authorization to the owners of a water storage, transport, or diversion facility (in this section referred to as a facility ) located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that— (1) the facility was in existence on the date on which the land upon which the facility is located was designated as part of the National Wilderness Preservation System (in this section referred to as the date of designation ); (2) the facility has been in substantially continuous use to deliver water for the beneficial use on the owner’s non-Federal land since the date of designation; (3) the owner of the facility holds a valid water right for use of the water on the owner’s non-Federal land under Idaho State law, with a priority date that predates the date of designation; and (4) it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (b) Terms and conditions (1) Required terms and conditions In a special use authorization issued under subsection (a), the Secretary shall— (A) allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that— (i) the use is necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under Idaho State law; and (ii) the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (B) preclude use of the facility for the storage, diversion, or transport of water in excess of the water right recognized by the State of Idaho on the date of designation. (2) Discretionary terms and conditions In a special use authorization issued under subsection (a), the Secretary may— (A) require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act ( 16 U.S.C. 1131 ) if the beneficial use of water on the non-Federal land is not diminished; and (B) require that the owner provide a reciprocal right of access across the non-Federal property, in which case, the owner shall receive market value for any right-of-way or other interest in real property conveyed to the United States, and market value may be paid by the Secretary, in whole or in part, by the grant of a reciprocal right-of-way, or by reduction of fees or other costs that may accrue to the owner to obtain the authorization for water facilities.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.