Board Meeting 10/01/1987

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

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the reserved right and objecting t,) Lhe pe<:jpl)::;ed change. Any change
to a different point of diversion on NFS 1:mds within the wildet'ness
'Nould. of course. require Presidential appcoval pursuant to section
!j(d)(4). If the President auth0rized such a development, it would ce
allowed despite the existence of any resen'ed right. as discussed in
our earlier briefs.

As discussed previously ar.d in the indivic:lal wilderness analyses in
Appendix III, there is no reasonably foreseeable development of the
water resources on non-Federal lands withLl or above the wilderness
areas that would diminish the wilderness values with the possible
exception of the Rockwell Reservoir and the Piney River Unit of the
Denver Water 80ard. Also, as discussed, there are effective means
available to the Forest Service to avoid or remove any threats to the
wilderness v"lues should ur. forese.,able de'.e lopmen t be proposed in the
future.

d,

Purchase or Ex~hange of Land or Water Rights

Under the authority of section 213 of the Org~~ic Act of 1944, 16
U.S.C. 526, water rights and lands or interests in lands can be
purchased to meet the needs of ~rotection of wilderness water
resources when other- means are not successful in assuring the
availability of water. and water rights are available for sale or
exchange. Non-Federal lands and interests in land may also be
acquired through land exchange authorities, such as the General
Exchange Act of 1922, 16 U.S,C. li8'5-486. and section 5(a) of the
Wilderness Act, 16 U.S.C. 1134(,,). Section 5(c) of the Wilderness
Act, 16 U.S.C. 1134(c) authorizes the Forest Service to acquire
non-Federal lands within wilderness through consensual purchase or
through condemnation that has been specifically approved by Congress.
It is the policy of the Forest Service to actively pursue, on a
priority basis, land acquisitior. within wilderness areas subject to
the limits on condemnation contained in the Wilderness Act.

Appli~ation in Colorado: The Focest Service has not identified any
si Luation in Colorado wbere acql'isi tion of l~~d or water rights is
necessary to protect wilderness "ateI' resources. Acquisition has been
made for non-wilderness lands, and the Forest Service will use this
authoci ty, to the extent of available funds, to protect wilderness
resources. Approx.imately 600 to 800 acres of patented mining claims
3re available for purchase by the FOt'es t Serv,ice wi thin various
Color"do wilderness areas. The Forest Servic," has contacted many of
the landowners and is disr.ussing possible purchases or exchanges.
Further. approximately 360 acres of patented mining claims within
wilderness areas are a p:Jrt of an exchange proposal from Pitkin County
which is currently under consideration by the Forest Service.