BOARD01961

• 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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The McInnis amendment in the nature of a substitute was adopted by a
voice vote. The bill, as amended, was then ordered favorably reported to
the House of Representatives by voice vote.
SECTTON-BY-SECTTON ANALYSTS OF BTLL AS AMENDED

Section 1. Short title

Section 1 provides a short title for the bill, the
Creek-Yampatika Ute Wilderness Act."
Section 2. Findings and purpose

, Deep

Section 2 acknowledges that certain areas located in the White River
National Forest and the Bureau of Land Management, Glenwood Springs
Resource Area, in Colorado along Deep Creek should be protected and
enhanced for the benefit and enjoyment of present and future generations
and are worthy of protection as a wilderness area. This section notes
that the primitive recreational opportunities available in the area
include hiking and solitude, as well as cave exploration. The Committee
recognizes that the map of the wilderness designation was drawn to
exclude the entrance to the Groening Cave, which is managed by the
Forest Service.
Section 2(a) (5) identifies the existence of both absolute and
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
establishment and/or augmentation of such 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
Qf the wilderness area. The Colorado State instream flow QEQQram is
considered by the Committee as capable of providing adequate protection
to the biological health and hydrology of Deep Creek through the
mechanism set forth in section 6(e) (3) of the bill, and no federal
reserve water right is expressed or implied pursuant to the wilderness
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.
Section 2(a) (9) notes that there are no known water resource
facilities, rights-of-way, or access routes serving water facilities or
projects within the wilderness area. In fact, all water facilities in
the vicinity of the proposed wilderness area were intentionally omitted
from the boundary so as to avoid conflicts. Consequently, the Committee
does not find it necessary to include provisions to allow for entry into
the wilderness area for maintenance or repair of such facilities.

Section 3. Definitions

Section 3 defines

'wilderness area" and

'map'

delineating the

Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Financing. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning

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