WSP09490

• 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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(b) RESTRICTIONS ON RIGHTS AND DISCLAIMER OF EFFECT.-{l) Neither the Sec-
retary of Agriculture nor the Secretary of the Interior, nor any other officer, em-
ployee, representative, or agent of the United States, nor any other person, shall as-
sert 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 con-
struction of any portion of this Act, or the designation of any lands as wilderness
br this Act, as constituting an express or implied reservation of water or water

n~~~A)N~thing in this Act shall constitute or be construed to constitute either an
express or implied reservation of any water or water rights with respect to the
Piedra, Roubideau, and Tabeguache areas identified in section 9 of this Act, or the
Bowen Gulch Protection Area or the Fossil Ridge Recreation Management Area
identified in sections 5 and 6 of this Act.
(B) Nothing in this Act shall be construed as a creation, recognition, disclaimer,
relinquishment, or reduction of any water rights of the United States in the State
of Colorado existing before the date of enactment of this Act, except as provided in
subsection (g)(2) of this section.
(C) Except as provided in subsection (g) of this section, nothing in this Act shall
be construed as constituting an interpretation of any other Act or any designation
made by or pursuant thereto.
(D) Nothing in this section shall be construed as establishing a precedent with
regard to any future wilderness desig!lations.
(c) NEW OR EXPANDED P1loJEcrs.-Notwithstanding any other provision of law, on
and ailer the date of enactment of this Act neither the President nor any other offi-
cer, employee, or agent of the United States shall fund, assist, authorize, or issue
a license or pennit for the development of any new water resource facility within
the areas described in sections 2, 5, 6 and 9 of this Act or the enlargement of any
water resource facility within the areas described in sections 2, 5, 6 and 9 of this
Act.
(d) ACCESS AND OPERATlON.-{l) Subject to the provisions of this subsection (d),
the Secretary shall allow reasonable access to water resource facilities in existence
on the date of enactment of this Act within the areas described in sections 2, 5, 6
and 9 of this Act, including motorized access where necessary and customarily em-
ployed on routes existing as of the date of enactment of this Act.
(2) Existing access routes within such areas customarily employed as of the date
of enactment of this Act may be used, maintained, repaired, and replaced to the ex-
tent necessary to maintain their present function, design, and serviceable operation,
so long as 8uch activities have no increased adverse impacts on the resources and
values of the areas described in sections 2, 5, 6 and 9 of this Act than existed as
of the date of enactment of this Act.
(3) Subject to the provisions of subsections (c) and (d), the Secretary shall allow
water resource facilities existing on the date of enactment of this Act within areas
described in sections 2, 5, 6 and 9 of this Act to be used, operated, maintained, re-
paired, and replaced to the extent necessary for the continued exercise, in accord-
ance with Colorado state law, of vested water rights adjudicated for use in connec-
tion with such facilities by a court of competent jurisdiction prior to the date of en-
actment of this Act: Prouided, That the impact of an existing facility on the water
resources and values of the area shall not be increased 88 a result of changes in
the adjudicated type of use of such facility as of the date of enactment of this Act.
(4) Water resource facilities, and access routes serving such facilities, existing
within the areas described in sections 2, 5, 6 and 9 of this Act on the date of enact-
ment of this Act shall be maintained and repaired when and to the extent necessary
to p,revent increased adverse impacts on the resources and values of the areas de-
scribed in sections 2, 5, 6 and 9 of this Act.
(e) EXISTING P1loJECTS.-Except 88 provided in subsections (c) and (d) of this sec-
tion, the provisions of this Act related to the areas described in sections 2, 5, 6, and
9 of this Act, and the inclusion in the National Wilderness Preservation System of
the areas described in section 2 of this Act, shall not be construed to affect or limit
the use, operation, maintenance, repair, modification, or replacement of water re-
sources facilities in existence on the date of enactment of this Act within the bound-
aries of the areas described in sections 2, 5, 6, and 9 of this Act.
(0 MONITORING AND IMPLEMENTATlON.-The Secretaries of Agriculture and the In-
terior shall monitor the operation of and access to water resource facilities within
the areas described in sections 2, 5, 6, and 9 of this Act and take all steps necessary
to implement the provisions of this section.
(g) INTERSTATE COMPACTS AND NORTH PLA'ITE RNER.-{l) Nothing in this Act,
and nothin~ in any previous Act designating any lands as wilderness, shall be con-
strued as hmiting, altering, modifying, or amending any of the interstate compacts