Memorandum Agenda Item 22i 05/13/2002

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conditional decreed water rights appertaining to waters upstream and downstream from the wilderness area that are entitled to protection under Colorado law. Section 2 (a) (8) restates Colorado State law by authorizing the Colorado Water Conservation Board to hold instream flow rights to protect the natural environment. The Committee recognizes that 1111 establishment and/or augmentation ofsuch an instream flow right for the Deep Creek wilderness area, abandonment of existing conditional rights, and-/or conversion of existing,.absolute water rights ;to instream flow rights would be beneficial to the. protection of: the. resources` and values of the wilderness .area.-'The Colorado State snstrea..flow,program is considered rby .the Committee as; c#able of providing adequate protection to the biological -health "and hydrology of Deep Creek through the mecha nism Set, in section 6 (e) (3) of the:,:;bill,, and "no federal reserve water right is expressed or: implied pursuant to ':the wild:rn.es8 designation.:: Section 2 (a) (7) recognizes use of the name Yampatika out of honor and respect for the native Ute Indians who lived on the flat tops around the canyon for centuries. For the last decade archeologists and historians have worked with the Ute elders to identify the prehistoric and historic Ute Trail that crosses from the Colorado River drainage to the White River drainage over the Flat Tops Mountains. This may be the oldest, longest, highest Indian trail left in the United States and it runs very close to Deep Creek. Seotip ,lutes tha Ak ear re r k Z` x` " Wead faci toe X411 s a a5ra x acoesS rolrfs s s xt r ¢a q l p 9r pxo e t as th the E� R e ne f area"t° f aft t s e5� sa t e0 ' the v ci ±C o*'the prop5os1 ,`4l*ness 0-tr.2 `,0*- --4 ly, omi-ttec from, the boundary soas to avoid conflicts Consegiently, the; Committee does not find, it necessary to includ provisio n, toy allow fors entry into "the w lderp_ee' area ;for .rote arise or repaid f,sg b fac? ? s,. Section 3 . Definitions Section 3 defines "wilderness area" and --map" , delineating the boundary of the Deep Creek-Yampatika Ute Wilderness Area as established by Section 4. It also defines "Secretary" to include both the Secretary of Agriculture and the Secretary of the Interior. Section 4. Deep Creek-Yampatika Ute Wilderness Area designation Section 4 delineates the approximate acreage of the wilderness area at 7,350 acres. The Committee notes that there are no private inholdings within the boundary of the area; however, the legislation does not preclude the Secretaries from purchasing private property abutting the wilderness area for the purpose of incorporating such property into the wilderness area, provided it meets wilderness designation criteria. Any additions to the wilderness area would require an act of Congress. Section 4 also;descrabos a conditional ech#114 a zdc whx-ch the Secretaries will formally designate _the wi der en`s area onl. .fter certain spegified steps are taken. to protect the instream flow44ues of Deep ,Creek: The`;intent of•,:the mechanism is to eneure that th.e hydrology in the wil"derne.ss area is.;adequate:ly protected b'y the Colorado State_ Instream Flory Prograri , through :the Colorado Waster Conservation Board, without a federal reserve.water rigYt�, .prior to the wilderness designation.. The bill requires the .Secretary of Agriculture to publish notice of the wilderness determination in the-." 'ederal" Register "as soon as practicable.• Section 5. Management Section 5 directs that the wilderness area be managed in accordance 1111 Colorado Water Conservation Board Flood Protection•Water Supply Planning and Financing•Stream and Lake Protection Water Supply Protection•Conservation and Drought Planning