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BOARD01961
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Last modified
8/16/2009 3:09:16 PM
Creation date
10/4/2006 7:05:23 AM
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Board Meetings
Board Meeting Date
5/20/2002
Description
WSP Section - Colorado River Basin Issues - Deep Creek - Yampatika Ute Wilderness Bill
Board Meetings - Doc Type
Memo
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<br />buffer zones around the wilderness area. The Committee recognizes that <br />recreational activities that would not be allowed in the wilderness area <br />go on around the boundary of the designation. Nothing in H.R. 2963 is <br />intended to affect the continuance of these activities. <br />Section G~ Water rights and management. <br /> <br />Section 6 addresses water protection in the wilderness area~ This <br />section prohibits new or expanded water resource facilities within the <br />wilderness area and modification of interstate compacts, and prohibits <br />anyone from making a claim for an express or implied reservation of <br />water or water rights based on enactment of this legislation. <br />Section (6) (e) (1) deals with the stream flows within the wilderness <br />area and directs the Secretary of Agriculture to consult with the <br />Colorado Water Conservation Board regarding instream flow protection <br />recommendations. This is in accordance with Colorado law and is not to <br />be interpreted to permit more consultative authority to the Secretary of <br />Agriculture than what currently exists. By also directing consultation <br />with interested parties and elected officials, the Committee intends <br />that input from several sources will result in the adequate protection <br />of the natural hydrography. Section (6) (e) (2) restates current federal <br />and Colorado State law by authorizing the Secretary and the Colorado <br />Water Conservation Board to enter into enforcement agreements for <br />monitoring and protecting instream flows to protect Deep Creek's natural <br />values. <br />Section (6) (e) (3) (A) is referenced in Section 4 where the conditional <br />mechanism for the wilderness determination is described. In Section <br />(6) (e) (3) (A), the Secretary of Agriculture is given authority to make a <br />grant to the Department of Natural Resources to compensate willing <br />parties for canceling or abandoning conditional water rights within or <br />upstream to the wilderness area, or compensating willing parties for <br />conveying absolute water rights within or upstream to the wilderness <br />area to the Colorado Water Conservation Board for conversion to instream <br />flows under Colorado law. Section (6) (e) (3) (B) establishes that <br /> <br />_"__$=5;lprr;~<,"~",,'b ~ o"~ <'~b_#3 1 hr; .......~ H,"",", ~'_""<'O_~_'Q_~9--~,",~~'Fr;"".c-_r;)_""li..J...D._-,.?~~_'""';l;+..J:::'~4~~~ <br /> <br />- ---- --- <br /> <br />n.11 <br /> <br />the Department of Natural Resources of the State of Colorado and the <br />willing party. The fair market value shall be determined by an <br />independent appraisal. Section (G) (e) (3) (C) authorizes an appropriation <br />of $300,000 to be granted to the Colorado Department of Natural <br />Resources for allocation to willing owners of the water rights described <br />above to accomplish the intent of this section. The Committee recognizes <br />this section <br /> <br />as an innovative approach to protect the biological health of <br />the Deep Creek waterway within the wilderness area. <br />Section 7. Map and legal description <br />
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