Wild & Scenic Rivers South Platte River

• Description: South Platte River Wild and Scenic Rivers Staff Notebook, 1987 to 1998
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 1/1/1997
• Author: CWCB Staff
• Title: South Platte River Wild and Scenic Rivers Staff Notebook, 1987 to 1998
• Water Supply Pro - Doc Type: Report/Study

R
Rivers System under section 101 of this title
shall not interfere with the exercise of
existing decreed water rights to water which
has heretofore been stored or diverted by
means of the present capacity of storage,
conveyance, or diversion structures that
exist as of the date of enactment of this
title, or operation and maintenance of such
structures. Nor shall inclusion of the
designated portions of the Cache la Poudre
River in the Wild and Scenic Rivers System be
utilized in any Federal proceeding, whether
concerning a license, permit, right -of -way,
or other Federal action, as a reason or basis
to prohibit the development or operation of
any water impoundments, diversion facilities,
and hydroelectric power and transmission
facilities below Poudre Park located entirely
downstream from and potentially affecting
designated portions of the Cache la Poudre
River, or relocation of highway 14 to any
point east of the north -south half section
line of section 2, township 8 north, range 71
west of the sixth principal meridian, as
necessary to provide access to Poudre Park
around such facilities: Provided, That due
consideration shall be given to reasonable
measures for minimizing the impact of such
facilities and road relocation on the
designated segments. Congress finds that
development of water impoundments, diversion
facilities, and hydro- electric power and
transmission facilities located entirely
downstream from the designated portions of
the Cache la Poudre River below Poudre Park,
in accordance with the provisions of this
section, is not incompatible with the
designation of portions of the Cache la
Poudre River in the Wild and Scenic Rivers
System under section 101 of this title. The
reservation of water established by the
inclusion of portions of the Cache la Poudre
River in the Wild and Scenic Rivers System
shall be subject to the provisions of this
title, shall be adjudicated in Colorado Water
Court, and shall have a priority date as of
the date of enactment of this title.
Accordingly, nothing contained in this Decree is intended to
alter the provisions of section 102.
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