BOARD02312

• Board Meeting Date: 11/19/2001
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

(j) WATER RIGHTS-
(I) EFFECT ON WATER RIGHTS. Nothing in this Act shall affect any absolute or conditional water rights
or their diversions and conveyance facilities or the maintenance thereof decreed prior to the date of the enactment of
this Act.
(2) COLORADO WATER LAW-The Secretary shall f~llow the procedural and substantive requirements of
the law of the State of Colorado in order to obtain and hold any ~ew water rights with respect to the Wilderness Area.
(3) STATUTORY CONSTRUCTION- Nothing in this .-j\ct shall--
(A) constitute or be construed to constitute either an express or implied reservation of any water or
water rights with respect to the lands designated as wilderness by this Act;
(B) affect any conditional or absolute water rights in the State of Colorado existing on the date of the _
enactment of this Act; or _
(C) be construed as limiting, altering, modifying, or amending any of the interstate compacts or
equitable apportionment decrees that apportion water al):1ong and between the State of Colorado and other
States.
(4) NEW PROJECTS- ,
(A) As used in this paragraph, the term 'water ~esource facility' means irrigation and pumping
facilities, reservoirs, water conservation works, aqlleducts, canals, ditches, pipelines, wells, hydropower
projects, and transmission and other ancillary facillties,' and other water diversion, storage, and carriage
structures. Such term does not include any such facilities related to or used for the purpose of raising crops or
livestock grazing. '
(B) Except as otherwise provided in this Act, 0)1 and after the date of the enactment of this Act, neither
the President nor any other officer, employee, or agent:ofthe United States shall fund, assist, authorize, or
issue a license or permit for the development of any new water resource facility within the wilderness area
designated by this Act. i
(C) Except as provided in this paragraph, nothing in this Act s~all be construed to affect or limit the use, operation,
maintenance, repair, modification, or replacement of or access to water resource facilities in existence on the date of
the enactment of this Act within the boundaries of the Wildern~ss. " -

A copy of the bill and other materials were faxed to you on Oct. 4.

Recovery Agreement Extension: On Oct. 17 Upper Colorado River Endangered Fish Recovery Program
leaders voted to extend the Recovery Program through 2q13. The Secretary of the Interior, the governors of
Colorado, Utah and Wyoming, and the administrator oft?e Western Area Power Administration are
expected to sign an extension of the Recovery Program'sicooperative agreement before January 21, 2002.
Under the Recovery Program's current cooperative agree'tnent, funding ends in 2003. With the signed -
extension agreement, Public Law 106.392 extends funding through 2013. The coalition of agencies and ' .,
organizations from Colorado, Utah and Wyoming that comprise the Recovery Program first Came together in

recommendation or recommendations from the Executive Committee.

Deep Creek: U.S. Rep. McInnis introduced the Deep Creek Wilderness Act, HR 2963, on Sept. 25. _
Subcommittee hearings were held on Sept. 28. ..

The bills' provisions: .
. withdraw the lands from further entry or appropriation u'nder public land, mining, or mineral leasing
laws; . ,
. prohibit the use the land for training exercises by the Colorado Army National Guard;
. prohibit the use of the land for hunting and fishing, and livestock grazing;
. require the establishment of interpretive facilities; and,
. prohibit the development of any new water resource facility; and provide for continued access by private
landowners.

The water provisions in the bill are as follows:

13'