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<br />16 <br /> <br />could serve S0m~ purpose in sp~l:~fic 0:" J:~~t ~-~~:):.t sitllations, it <br />rJight not assure protecti0Ii of all wi~(i,;;L'I1':SS features. <br /> <br />It may be that some discrete futllre US(~ m;-IY bi...~ mHdf~ which will not <br />cause a noticeable effect on cr- 0th~:r',..,i.5e diminish ",.i lderncss <br />charucteristics. Without know,ng the spE,cific amou;1ts or fOl'ms of <br />these potential water uses or- tne pr-obaoil ity of implemen tation, the <br />qUillltification of a precise wilder-ness r-ignt is impractical and not <br />particular-ly useful. <br /> <br />. <br /> <br />It is for these reasons, that the Forest Ser-vice has determined that <br />assertion of reserved rights claims does not always present as <br />practical and effective means of protecting wilderness values as it <br />does for other NFS resourceS and thus it must be used selectively <br />after careful consij~ration of the specific facts of a particular <br />situation. <br /> <br />A2plication in Color~do: As pr2viously discussed, analysis of the <br />existing absolute and conditional water rights located in or above the <br />24 wilderness areas in Colorado named in the Second Amended Complaint <br />indicates that all of the rights are senior- to the various designation <br />dates of these wilderness areas with five exceptions. The five rights <br />that are junior to the wilderness designation dates are, by theic <br />having been adjudicated and entered in decrees, senior in priority to <br />any Federal reserved water right that the Cnited States could acquir-e <br />by filing claims for such rights at this time. The Forest Service has <br />concluded that no reserved or other water right would be effective in <br />pr-otecting any of the 24 wilder-nesB areas at issue from the effects or . <br />any of the existing decrEed absolut~ or conditional water rights. <br /> <br />This is not to say. however, that protection is not available to <br />co~~ter any adverse effect any of the existing decreed conditional <br />water rights might produce on a given wilderness area. The President <br />must approve, pursuant to the conditicns in section 4(d)(4) of the <br />Wilderness Act, 16 U.S.C. 1133(d)(4), the constr-uction or other <br />activity necessary to pE;;~'f'est those cor:diticnal rights located on NFS <br />land within a wilderness area, The For-est Ser-vice will make a <br />recommendation concerni!1g SUCi:l a prci=.osal, through the Secretary. to <br />the President. Likewise. che develorment of water resources related <br />to the perfection of any condi.tional wate<' l'ight on NFS lands outside <br />of wilderness is subject to the administrative ~ontrol of the Forest <br />Se!'vice. <br /> <br />Moreover, if anyone sought to ch;.,tnge one of these water rights. the <br />Foeest Service could, as explained in Feder,,] Defenrlants' Brief in <br />Opposition to Sicl'ra Club's Motion for- Partial Summary Judgment at 8. <br />10-11 (filed Febr-u3l'Y 12. 1987), ill,d more fully in Defendant- <br />Intervenors Bl'ief in opposition to Sier-ra Club's Motion for Partial <br />SUlllmal'Y Judgment at 4-5 (filed February 6, 1987), consider asser-ting <br /> <br />. <br />