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<br />Wending its way through the majestic canyon is the area's namesake, <br />perennial stream with flows originating from snow run-off in the upper <br />its watershed. The waterway is largely unmodified by water diversions, <br />directly into the Colorado River. <br /> <br />Deep Creek, a <br />elevations of <br />and empties <br /> <br />Since 1990, resource managers, local officials and concerned citizens <br />in the surrounding communities have had an extensive dialogue about how <br />best to manage this magnificent resource. In 1995, the Forest Service <br />and the Bureau of Land Management (BLM) jointly determined that Deep <br />Creek was eligible for Wild and Scenic River designation. The 7350-acre <br />area proposed for designation is managed in part by both these agencies_ <br />Congressman Scott McInnis (R CO) introduced H.R. 2963 in September <br />after wide-ranging conversations with local officials, local <br />environmentalists and other interested citizens and citizen groups. <br />Congressman McInnis, who grew up near Deep Creek and spent considerable <br />time hiking there as a boy, drew the wilderness boundaries in H.R. 2963 <br />along the canyon rim of Deep Creek, the same boundaries recommended by a <br />consortium of Colorado-based environmental advocates in 1998. While some <br />local environmental groups have since modified their 1998 Deep Creek <br />position by advocating an expansion of the boundaries beyond the canyon <br />rims, the Garfield and Eagle County Commissions, the two counties <br />immediately impacted by the designation, have endorsed the bill and its <br />rim-to-rim boundary. <br /> <br />COMMITTEE ACTION <br /> <br />H.R. 2963 was introduced on September 25, 2001. The bill was referred <br />to the Committee on Resources, and within the Committee to the <br />Subcommittee on Forests and Forest Health and the Subcommittee on <br />National Parks, Recreation and Public Lands. On March 20, 2002, the <br />Resources Committee met to consider the bill. The two Subcommittees were <br />discharged from further consideration of the bill by unanimous consent. <br />Congressman McInnis offered an amendment in the nature of a substitute <br />to (1) mandate that the Forest Service and the Colorado Army National <br />Guard meet within 180 days following enactment to review the Memorandum <br />of Understanding governing the conduct of high altitude aerial training <br />exercises within the designated area and consider alternative locations <br />outside the wilderness area if an alternative location is identified and <br />agreed upon by the relevant parties; (2) authorize the Forest Service to <br />purchase from willing sellers water rights upstream of the wilderness <br />area to protect the riparian values of the wilderness area, and that <br />these rights would be held by the state of Colorado as part of the <br />Colorado Instream Flow Program; and (3) trigger formal wilderness <br />designation only after one of the following occur: (A) upstream <br />conditional rights described in the legislation are canceled or <br />abandoned; (B) upstream absolute water rights described in the <br />legislation are conveyed to the Colorado Water Conservation Board for <br />conversion to instream flows under Colorado water law; or (C) the <br />Colorado Water Conservation Board has made a final decision as to the <br />adequacy of instream flows in Deep Creek. Congressman Mark Udall (0 CO) <br />offered an amendment to the amendment in the nature of a substitute to <br />establish an alternative trigger mechanism, under which the Secretaries <br />of Agriculture and the Interior could formally designate the wilderness <br />area only after (1) all upstream conditional rights described in the <br />legislation have been abandoned; and (2) the Colorado Water Conservation <br />Board has augmented the existing State-held instream flow right to a <br />_".J"",~~ ".,_..~l_~,,", ""'::~x.;"",,,,,_ ~,1,_1 ~x.;"" _",~"c;.;,r...__=~.. __~",1~~-,-", ~...."l.>;-.""":",_],,~,, ---;J;i:!,,,. <br />