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<br />002094 <br /> <br />9 <br /> <br />The importance of water for wilderness has long been recognized, <br />and the Committee's report about the Colorado wilderness areas <br />designated in 1980 noted that "their natural production of invalu- <br />able supplies of high quality water provide[s] a compelling reason <br />for preserving them in their natural state." but the Committee then <br />was of opinion that specific provisions related to water were not a <br />necessary component of wilderness legislation, and neither the <br />1980 Colorado wild'emess legislation or previous wilderness bills <br />had contained such 1- iOvisions. <br />However, a 1985 U.S. District Court decision in Colorado cast se- <br />rious doubt on the propriety of the Reagan Administration's policy <br />of effectively re:.nquishing any claims to water rights for wilder- <br />ness areas that were designated by legislation with no explicit <br />water-rights provisions. Largely in response to this decision and re- <br />visions in Administration policies, the Senate began to insist on in- <br />cluding in wilderness legislation provisions to specify whether des- <br />ignation of a wilderness area involved a reservation of water by the <br />national government. <br />Accordingly, since 1986 laws designating wilderness on western <br />National Forests or BLM-managed public lands have included an <br />explicit reservation of a Federal water right. Examples include <br />Public Law 10~225, related to the EI Malpais National Monu- <br />ment, National Conservation Area, and wilderness areas; the Ne- <br />vada Wilderness Protection Act of 1989 (P.L. 101-195); the Arizona <br />Desert Wilderness Act of 1990 (P.L. 101-628); and the Los Padres <br />Condor Range and River Protection Act (P.L. 102-301). <br />In August, 1991, the Senate passed a bill (S. 1029 of the 102d <br />Congress) to provide for designation as wilderness or otherwise of <br />additional areas in Colorado not designated in 1980. That bill in- <br />cluded an express disclaimer stating that nothing therein or in <br />"any other Act" was to be construed as constituting "either an ex- <br />press or implied reservation of water or water rights" arising from <br />the designation (as wilderness or otherwise) of the lands covered by <br />the bill. The bill also specified that the Secretary of Agriculture <br />was to enter into a contractual arrangement with a Colorado State <br />agency regarding certain in-stream-flow filings established under <br />State law with respect to the Piedra area, designated as wilderness <br />by the bill. <br />In July, 1992, the Committee on Interior and Insular Affairs <br />amended the bill, omitting all provisions dealing with water, and <br />ordered it favorably reported. <br />In its Report on the amended version of the bill (H. Rpt. 102- <br />810 Part I), the Committee explained that it had deleted the dis- <br />claimer and other water-related provisions of the bill as passed by <br />the Senate because "Their inclusion would have been inconsistent <br />with the Committee's action including an express reservation to the <br />United States of water rights for wilderness designated by other <br />legislation recently enacted or passed by the House of Representa- <br />tives. . ." <br />The report explained further that "Instead the Committee sub- <br />stitute is silent with respect to water and water rights. However, <br />this silence should not be construed as meaning that the Commit- <br />tee believes that proper protection of the water resources of wilder- <br />nesses not an important aspect of the management of wilderness, <br />