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<br />8 <br /> <br />Furthermore, it is in:porU.H:t v; nGl ~ t.h:ll mW1Y r'f the rlf~creCG condi- <br />tional rights have gone for lOflg periods of time without being put to . <br />ben8ficial use as required b~; Colo;,,"ado 1m.... It may very well be th.Jt <br />these rights have. in fact. been ab,u-.doned by failllre of their <br />claimants to secure a ~ourt find!;.,;- of re:l.s0n:ib~(~ diligence in theic <br />development. railure to obtain the required quadcennial finding of <br />reasonable diligence results in abandonment cf tne right by operation <br />of state law. Likewise, the amounts of water claimed under the <br />decreed conditional rights do nut pro'lide a reliable indication of the <br />amount of water that might be, or even could be. put to beneficial <br />use. These amounts represent merely the claims of their proponents <br />and do not necessarily reflect the scope of any eventual development <br />or the amount of water that may be available for use. <br /> <br />Basej upon this examination. we cCllfir:::J. OL~!" earlier determination that <br />none of these existing jecreE-1 absolute and conditional rights are <br />being exarcised in a ma..t'"}n~r whic.h c.iJ~ie~selJ" affects preservation of <br />wilderness water resource as in.t8n.::cd by the Congress. <br /> <br />b, Anal'fsis of Non-rederal L"nd Cwnershio Within and Above Wilderness <br /> <br />In addi tion to a.'1alyzing the eX.is t.i.llg decreed absolute and conditional <br />water rights within or above the wilderness areas. the Forest Service <br />identified ane reviewed the loc~cion of all non-Federal lands within <br />or upstresm of the'wilderness a~2as to determine Nhether there is a <br />potential for future wacer developr.ents O~ these lands that would <br />diminish the ~ilderness characte~istic3 of the ~ilderness areas. <br /> <br />Non-rederal lands within wilder~eSS, CaUl' of the wilderness areas do <br />not have any non-rederal lands ,~ith.ir, their bOllndacies. and three <br />wilderness area have less than 100 acres of non-Federal land within <br />each of them. Indeed, for most of the wilderness areas, the non- <br />rederal inholdings are relatively small, The largest contiguous <br />parcel of non-Federal lfu,d within the wilde~ness areas in Colorado is <br />the Durango Reservoir G~ant of March 1. 1907. ~h, 2288, 34 Stat, 1053, <br />i;-, th'C .'eoIinuche Wildet'ness in the San J",,,, NatiGiOal rOt'es t. The land <br />parcel contains 2.830 acrE:S and was gi':en by Congress to the City of <br />Durango for the purpcse of ~'at2::shej p.::'otectic~ and 1.....lter storage. <br />The Act of March 1, 1907, ~~;{proes31y pe.Y:io'j.::.::; that the City of Durango <br />". . . :;,hall forel,.-oer hav..j the ~ight ill it..':) discr~etion to control ar~d <br />USf-) &.ny ~!nd all parts c!' rhe .3F.:ld p:'7:;:::..:ies herein granted and conveYE:d <br />in the construction of r-!?3e!:'\'oirs. c:.n,"i:lits, flumes. and in the laying <br />of pipes and mains and in making .3li.ch jlr:.pr....I'/2ments as may be neCe3Sal')' <br />to stot'e. utilize. protect fro:] p,olllltlOn. and enjoy the waters. , ," <br />of the watershed. <br /> <br />. <br /> <br />. <br />