Board Meeting 10/01/1987

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

.

.

.

13

within wilderness areas are f'Jlmd at 36 CFR Part 293, with water'
resource development addressed in Section 293.15(d).

Application in Colorado: The Forest Service has not received and
is not aware of any proposals for water development on Federal
lands in wilderness at this time with the exception of the Denver
Water Board's conditional rights in the Eagles Nest Wilderness.
TIle provisions of section 4(d)(4) of the Wilderness Act apply to
the wildernesses in Colorado, except to the extent that Congress
has specifically authorized the development of water resources in
wilderness.

(3)

The Forest Service will report to the President for transmission
to the Congress, as provided for in Section 7 of the Wilderness
Act, 16 V.S.C. 1136, anY prob:ems created by future water devel-
opments outside of the lar.ds administered by the Forest Service
that threaten to adversely affect wilderness water resources.
This report may, depending upon the circumstances, include a
request for specific authority to reduce or mitigate the impact
by condemning the necessary land or water rights to preclude the
adverse development. This process will provide the Congress with
an opportunity to consider the relative values of the water
resource development and the wilderness water resources and to
express its determination of the best course of action for the
public's interest.

Application in Colorado: This situation has not developed in
Colorado. except that Ute F()!.~e.s t Servi.::e will report to the
President the facts relating to the non-Federal lands situated
above the Cache la Poudre Wilderness, as discussed in Appendix
III.

(4)

The Forest Service will comment on and recommend the denial or
conditioning of any per~its. rights-of-way or licenses issued by
other Federal agencies for water developments th~t may adversely
affect wilderness water resources. The provisio~S of NEPA
require Federal agencie9 to consider the effects of actions which
they take, assist or permit, on the human enviro~ment, which
includes wilderness resources. If the project requires a license
under the Federal Power Act, the recommendations of the Forest
Servi.ce regarding protective conditions 3,re binding upon the
Federal Energy Regulatory Commission, under 16 V,S.C. 797(e).

Application in Colorado: The Forest Ser'lice currently utilizes
this mechanism with regord to water development proposals
affecting non-wilderness NFS lar.ds, but has not been faced with
such a proposal in Colorado that would affect wilderness. .