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<br />14 <br /> <br />b. Appropriation of Water Ri~hts Ur.Je.i.: S:::~t:e ~";{~:_2~ La..... <br /> <br />where the development of water is not within the administrative . <br />control of the Forest Service and wate~ rights are needed for the <br />protection of wilderness reSOl1C'ce.s, nnd W'Jtel' eights aloe avni.l(Jh[(~ <br />under State law, the Forest Service will apply for watet' rights in <br />accordance with State law. <br /> <br />It is necessary that the rights afforded under State law provide <br />control to the Forest Service to be assured of the continuing <br />availability of the water secured by the State right, <br /> <br />Application in Colorado: The Forest Service has not been able to <br />conclude that the water rights provided under Colorado law would <br />clearly provide the secure protection for wilderness water resources <br />so as to rely on this mechanism. The Forest Service is in the process <br />of beginning discussions with the State of Colorado as to the degree <br />of protection that Colorado law does or could provide. <br /> <br />Because water rights in Colorado are confirmed through adjudication. <br />any assertion of water rights under State law will reqUire consulta- <br />tion with and representation by the Department of Justice. <br /> <br />c, Federal Reserved Water RiKhts <br /> <br />Where the development of water is not within the administrative con- <br />trol of the Forest Service, the United States will submit a Federal <br />reserved right claim for the water identified as necessary for <br />existing and foreseeable National Forest uses and management needs. <br /> <br />. <br /> <br />In order to obtain the earliest possible priority date, claim will be <br />asserted for a Federal reserved water right for that amount of water <br />needed to maintain favorable conditions of water flow under authority <br />of the Organic Administration Act of 1897. with a priority as of the <br />date on which the particular NFS lands were reserved under that act. <br />Tte amount of water necessary to maintain favorable conditions of <br />strea~flow may include those instream flows sufficient to maintain the <br />stability of stream chfu,nels by providing for sediment transport, <br />maintenance of stream bank integrity, and maintenance of riparian <br />vegetation. If the Forest Service determines that water. in addition <br />to that secured under the authority of the Organic Act of 1897. is <br />needed for protection of the wilderness resources, consideration will <br />be given to claiming Federal reserved water rights under the authority <br />of the Wilderness Act and other specific statutory authority as recog- <br />nized by this Court. In such circumstances, the claim would be for <br />all of the natural flow or body of standing water, less any amounts <br />appropriated prior to wilderness designat.i.on, unless the Forest <br />Service determines that a different quantity will achieve the purposes <br />for which the wilderness was established. <br /> <br />. <br />