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<br />. <br /> <br />. <br /> <br />. <br /> <br />Discussion: <br /> <br />FLPMA is a comprehensive statute governing the management of the public lands, One entire <br />title ofFLPMA (Title V) deals with the conditions under which rights-of-way across public lands <br />are to be issued and managed. Section 501 ofFLPMA (43 U,S,C. 1761) specifically provides <br />authority to the Secretary of Agriculture to grant, issue, or reneW rights-of-way for various uses <br />of National Forest System lands and resource, 'TIlls section specifically includes rights-of-way <br />for reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other facilities and <br />systems for the'impoundment, storage, transportation or distribution of water., <br /> <br />In 1986, Congress passed Public Law 99-545 which amended the right-of-way section of <br />FLPMA (Se.ction 501) by adding a new subsection (c) dealmg with certain water diversion and <br />conveyance systems (16 U,S,C. l76l(c)), This amendment is commonly known as the Ditch <br />Bill. The Ditch Bill was passed to address claims to pre-FLPMA rights-of-ways for water ,. <br />diversion structures existing on the date that FLPMA was enacted. Many of the pre-FLPMA <br />. rights-of-way had title problems or lack of documentary evidence which made establishing the <br />continued right to use federal lands difficult. The water users had also challenged the Forest <br />Service's i.b.ti:rpretation of laws applicable to pre-FLPMA irrigation system rights-of-way and <br />maintainedthat the complained-of administrative actions were in derogation of valid existing <br />rights, The Ditch Bill was "to provide an optional alternative which a qualified user of a' water <br />conveyance system within the bill's scope could elect to utilize instead of seeking judicial <br />relief,"! ' <br /> <br />The Ditch Bill provides that, upon receipt of a written application for a water diversion system <br />which otherwise meets certain specified requirements, the Secretary of Agriculture must issue a <br />permanent, free easement for a water diversion and conveyance'system. Specifically, the Ditch <br />Bill provides: ' <br /> <br />, Upon receipt of a written applicationpursillUlt tq paragraph (2) of this subsection <br />from an applicant meeting the requirements of this subsection, the Secretary of <br />Agriculture shall issue a permanent easement, without a requirement for <br />reimbursement, for a water system as described in subsection (a)(l) of this <br />section, traversing Federal lands within the National Forest System ("National <br />Forest Lands"), constructed and in operation, or placed into operation prior to, <br />October 21, 1976, if- [seven specific requirements have been met] (emphasis <br />added). <br /> <br />The Ditch Bill also provides that: <br /> <br />Except as otherwise provided in this subsection, all rights-of-way issued pursuant <br />to this subsection are subj ect to all conditions and requirements of this Act. 43 <br />U.S,C,,176l(c)(3)(C) <br /> <br />1 H: R, Rep, No, 99-554, 99~ Cong" 2d Session, p, 4 (1986), <br /> <br />Page 2 of 14 <br />