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<br />0027iH
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<br />19
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<br />SCOPE AND EFFECT
<br />
<br />Paragraph B(b)(2) clarifies several aspects of the bill's effects
<br />with regard to water or water rights. Subparagraph (bX2)(A) states
<br />that nothing in the bill constitutes or is to be construed as either
<br />an express or implied reservation of any water or water right with
<br />respect to the Piedra, Roubideau, and Tabequache areas identified
<br />in section 9, the Bowen Gulch Protection Area identified in section
<br />5, or the Fossil Ridge Recreation Management Area identified in
<br />section 6. These areas are not designated as wilderness.
<br />Subparagraph (b)(2)(B) states that nothing in the bill is to be
<br />construed as a creation, recognition, disclaimer, relinquishment, or
<br />reduction of any water rights of the United States in Colorado ex-
<br />isting before the bill's enactment, except as provided in subsection
<br />8(g)(2). Thus, with the one exception cited, the bill would have no
<br />effect on any existing United States water rights in Colorado.
<br />Subparagraph (bX2)(C) provides that with the exception of sub-
<br />section 8(g)(2), nothing in the bill is to be construed as constituting
<br />an interpretation of any other Act or any designation made by or
<br />pursuant thereto; and subparagraph (b)(2)(D) provides that nothing
<br />m section 8 is to be construed as establishing a precedent with re-
<br />gard to any future wilderness designations.
<br />
<br />WATER RESOURCE FACILITIES
<br />
<br />Subsection 8(c) deals with water resource facilities (meaning irri-
<br />gation and pumping facilities, reservoirs, water conservation works,
<br />aqueducts, canals, ditches, pipelines, wells, hydropower projects,
<br />transmission and other ancillary facilities, and other water diver-
<br />sion, storage, and carriage structures).
<br />This subsection would prohibit any U.S. officer, employee, or
<br />agent (including the President) from funding, assisting, authoriz-
<br />ing, licensing, or permitting the development of any new water re-
<br />source facility or the enlargement of any existing water resource fa-
<br />cility within any of the areas described in sections 2, 5, 6, or 9-
<br />that is, the Fossil Ridge Recreation Management Area, the Bowen
<br />Gulch Protection Area, the Piedra, Roubideau, and Tabeguache
<br />Areas, and the lands the bill designates as wilderness. This prohi-
<br />bition would apply notwithstanding any other provision of law (e.g.,
<br />16 U.S.C. 1133(dX4)).
<br />
<br />ACCESS AND OPERATION
<br />
<br />Subsection 8(d) addresses access to and operation of existing
<br />water resource facilities within the areas described in sections 2,
<br />5, 6, and 9 of the bill. Paragraph (dXl) would direct the relevant
<br />Secretary to allow reasonable access to such facilities in existence
<br />on the date of enactment of the bill, including motorized access
<br />where necessary and customarily employed on routes in existence
<br />on that date, subject to the provisions of this subsection.
<br />Paragraph (dX2) specifies that existing access routes within the
<br />areas described in sections 2, 5, 6, and 9 customarily employed as
<br />of the date of the bill's enactment may be used, maintained, re-
<br />paired and replaced to the extent necessary to maintain their
<br />present function, so long as such activities have no greater adverse
<br />effects on the areas' resources and values. This means that such fa-
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