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WSP09490
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Last modified
1/26/2010 2:53:58 PM
Creation date
10/12/2006 3:39:43 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
7630.125
Description
Wild and Scenic - Colorado Wilderness Act - 1991
State
CO
Basin
Statewide
Date
7/19/1993
Author
Unknown
Title
Colorado Wilderness Act of 1993 - 103 rd Congress - 1 st Session - A Report
Water Supply Pro - Doc Type
Report/Study
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<br />GD27J5 <br /> <br />20 <br /> <br />cilities may be repaired or replaced to maintain their present func- <br />tions in a way that lessens their adverse effects on natural values. <br />The relevant Secretary is responsible for supervising the imple- <br />mentation of this and the other provisions of section 8. <br />Paragraph (d)(3) provides that, subject to subsections 8(c) and <br />B(d), the relevant Secretary is to allow water resource facilities in <br />existence on the date of the bill's enactment within the areas de- <br />scribed in sections 2, 5, 6, and 9 to be used, operated, repaired, <br />maintained, and replaced to the extent necessary for the continued <br />exercise, in accordance with Colorado law, of vested water rights <br />adjudicated prior to the bill's date of enactment by a court of com- <br />petent jurisdiction for use in connection with such facilities. The <br />paragraph also specifies that the impact of an existing facility with- <br />in an area described in section 2, 5, 6, or 9 on the water resources <br />and values of such an area shall not be increased as a result of any <br />change (as compared with the type of use adjudicated as of the <br />date of enactment of the bill) in the adjudicated type of use of such <br />a facility. The effect of these provisions is to ensure that an exist- <br />ing ditch, reservoir, or other water resource facility within any of <br />these areas can be operated only under a valid right adjudicated <br />for that specific structure prior to the date of the bill's enactment. <br />The paragraph should not be read as allowing new water rights to <br />be initiated or adjudicated for use in connection with such a facil- <br />ity, or as allowing the point of diversion or place of storage of exist- <br />ing water rights (either within or outside the areas) to be trans- <br />ferred to any existing facility within the areas. Changes in the type <br />of water use adjudicated in connection with facilities in existence <br />as of the date of enactment are allowed only if the impact of the <br />affected facility on the water resources and values of the area is <br />not increased as Ii result of any such change. <br />h noted, the reference in paragraph (d)(3) to ''vested water <br />rights" relates only to rights adjudicated for use in connection with <br />facilities in existence as of the date of the bill's enactment. It <br />should also be noted that the reference in the same paragraph to <br />"the continued exercise" of such rights "in accordance with Colo- <br />rado State law" is intended to make clear that the principles of Col- <br />orado water law will remain applicable, including principles (such <br />as those dealing with abandonment) related to the continued effec- <br />tiveness of water rights. Thus, this paragraph does not afford to <br />such "vested water rights" any relief from the maintenance require- <br />ments of State law; and the paragraph's requirement that the Sec- <br />retary allow activities necessary for the continued exercise of such <br />rights will not apply in those cases in which, under Colorado law, <br />such rights have become ineffective through abandonment or other- <br />wise. The relevant Secretary, as land manager, can and should <br />take appropriate steps on behalf of the landowner (the United <br />States) to enforce relevant principles of Colorado water law in such <br />cases, for example by probibiting activities covered by this para- <br />graph. <br />Paragraph (d)(4) is a mandatory requirement that water resource <br />facilities, and access routes serving such facilities, in existence on <br />the date of the bill's enactment within the areas described in sec- <br />tions 2. 5. 6. and 9 shall be maintained and repaired when and to . <br />
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