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<br />(1027,]9 <br /> <br />24 <br /> <br />missible under State law, invocation of State remedies for such an <br />impermissible use, or the initiation of judicial proceedings for a <br />declaration that such an enlarged use is improper. <br />7. An existing ditch in an area has been historically used in con- <br />nection with a vested water right adjudicated prior to enactment, <br />but a spring flood breaches the ditch, resuItmg in erosion and <br />gullying on a hillside within the area. Under section 8(d)(4), the <br />ditch owner is obligated to promptly make repairs to prevent con- <br />tinuing resource damage, and under section 8(f) the relevant Sec- <br />retary is obligated to monitor the operation of the ditch and to en- <br />force the requirement for prompt repair and restoration of affected <br />resources. <br />8. A storage facility within an area is used 00 store water for <br />which the facility owner has a vested water rip,ht adjudicated prior <br />to enactment. The stora~e facility requirf'- :-epairs, and the owner <br />seeks to expand the facihty in connection with performing these re- <br />p'airs. Repair of the facility, using existing accp"s routes customar- <br />lly employed as of the date of the bill's ena':Lillent, is explicitly al- <br />lowed by section 8(d), so long as neither the repairs themselves nor <br />the operation of the facility after the repairs creates increased ad- <br />verse impacts on the resources and values of the area as compared <br />with any such impacts as of the date of enactment; but under sec- <br />tion 8(c) it would be impermissible to enlarge any water resource <br />facility within the area, whether or not the enlargement would be <br />incidental to necessary repairs. <br /> <br />PIEDRA, ROUBIDEAU, AND TABEGUACHE AREAS <br /> <br />Section 9 provides management requirements for the Piedra area <br />(62,550 acres) in the San Juan National Forest and two areas-- <br />Roubideau (19,650 acres) and Tabeguache (17,240 acres}-in the <br />jointly-managed Grand Mesa, Uncompahgre, and Gunnison Na- <br />tional Forests. Each of these areas is withdrawn from all forms of <br />location, leasing, patent, and disposition under the public land <br />lawB-, the mining laws, and the mineral and geothermal leasing <br />laws. Section 9 specifies that no further study for possible wilder- <br />ness designations is required for any of those areas, but that until <br />Congress determines otherwise activities ....ithin these areas are to <br />be managed so as to maintain the present wilderness character of <br />the areas and their potential for inclusion in the National Wilder- <br />ness Preservation System. The section specifies that livestock graz- <br />ing will be permitted and managed in the areas to the same extent <br />and in the same manner as of the date of the bill's enactment. The <br />section specifies that except as provided elsewhere in the bill (Le., <br />in section 8) mechanized or motorized travel generally will not be <br />permitted in the areas. The section also provides that motorized <br />travel on a specified trail in the general Piedra area (but omitted <br />from the "Piedra Area" described on the referenced map) will be <br />limited to snowmobiles and may be allowed only when there is ade- <br />quate snow coyer. A description of each of these areas follows: <br /> <br />Piedra <br /> <br />The Piedra area is characterized by notable mid-elevation forest <br />and canyons 8S well as a stretch of the Piedra River. It would have <br />M~n rJl'!Ri!7l"lRh~rl llR wilnf\TnPRR hv R 1029 of t.hp 102nn r.onPTPRR IlR <br />