Board Meeting 10/01/1987

• Board Meeting Date: 10/1/1987
• Description: CWCB Meeting
• Board Meetings - Doc Type: Meeting

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co aevelop wilderr.ess water resourceS is :!nd,~ to ,the Pe~~.sident; 3) Recommend
litigaticn (including the as.serticn of water rights m,der state and Federal .
law) to the Department of Justice in cases where there is a thrp-at to wilder-
ness resources; 4) Acqui["e or seek additional Ruthority Lo acquire land or
water rights; 5) Report to the President and Cor.gress threats Lo wilderness
water resoucces; and 6) Recommend dellial or conditioning of permits by other
Federal agencies that may have jurisdiction over the water development.

2. BACKGROUND

In the State of Colorado, there are 14.4 million acres of National Forest
System (NFS) lands. Of this amount, 2.55 million acres, or roughly 18 percent,
have been designated as wilderness. This wilderness acreage is located in the
various wilderness areas as shown on the enclosed State of Colorado Wilderness
Status illap. See Appendix I,

On Nove~ber 25, 1985, the United States District Court for the District of
Colorado directed the Secretary of Agriculture and Chief of the Forest Service
to ". . . re-evaluate their alternatives, including claiming ceserved water
rights for the wilderness areas, in complying with their statutory duty to
protect wilderness water resources. . ." and to submit to the court a
memorandum ". . . describing their actions on remand and their plan to comply
wi th their statutory duty to protect wilderness water resources.~' Sierra Club
v. Block, 622 F. Supp. 842, 842 (D. Colo. 1985). The Forest Service submitted
a Report on Methods for Protecting Wilderness Water Resources on Land Admin-
istered by the Forest Service, United States Department of Agriculture on
November 26, 1986.

The Court, in a memorandum op~n~on and order filed on June 3. 1987, found that .
the Report did not provide an adequate basis upon which to assess the Federal
defendants' actions with regard to protection of wilderness water resources and
remanded the matter to the Forest Service. Sierra Club v. ~. 661, F. SuPP.
1490, 1501-1502, (D.Colo. 1987). ThiS report supplements the November 26, 1986
report, as required by the Court's order of June 3, 1987.

Th~ study undertaken by the Forest Service pursuant to this Court's orders was
deSigned to wake three basic inquiries. Those inquiries concern absolute
decreed water rights, conditionally decreed water rights, and non-Federal land
holdings within or above wilderness areas which might have potential, if used
for ,;ater development. to have an impact on the water resources of the areas.
The staff responsibility for preparing the studies and report was assigned to
Charles Hendricks, Director of the Watershed, Soils and Minerals Area Manage-
ment Staff Ullit for the Rocky Mountain Region. He was assisted in his work by
George Nagy, Water Rights and Uses Specialist, and Tom Elson, Deputy Director,
WQtershed, Soils and Minerals Area Management and various members of the field
organization.

This report was reviewed by Sidney Hanks. Deputy Regional Forester and approved
by Gary Cargill, Regional Forester. As a part of this effort, the Watershed

.