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WSPC00554
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Last modified
7/29/2009 7:49:33 AM
Creation date
10/9/2006 2:15:13 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8080.400
Description
Sierra Club vs. Department of Agriculture (Lyng, Yeutter, other names)
Date
9/22/1987
Title
Report on Methods for Protecting Wilderness Water Resources on Lands in Colorado - related material to Sierra Club vs. Dept of Ag.
Water Supply Pro - Doc Type
Publication
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<br />12 <br /> <br />Utilizing this decision process, proposed water resource develop- <br />ments on NFS lands would be carefully evaluated to determine if <br />the proposed action would affect the wilderness values Congress <br />recognized and sought to protect in the wilderness designation. <br />The analysis of alternatives and effects in the environmental <br />review is the basis for approval or disapproval of the land use. <br />Further, section 505 of FLPMA specifies that each land use <br />authorization must contain terms and conditions to minimize <br />damage to the scenic and esthetic values and fish and wildlife <br />habitat and otherwise protect the environment, 43 U.S.C. 1765 <br />(a). Such conditions could include requirements for maintaining <br />certain flows or surface levels or timings of flows, that <br />approximate "natural'1 flows and levels or protect recreation, <br />scenic, ecological or other wilderness values. <br /> <br />The permits and Forest Service regulations provide for suspension <br />or revocation of permits in cases of unauthorized use of NFS <br />lands and resources. Any water development implemented without <br />land use authorization or in violation of the conditions imposed <br />in such authorization may constitute a trespass, which the Forest <br />Service would refer to the Department of Justice for <br />prosecu tion. <br /> <br />Application in Colorado: The Forest Service will either deny or <br />impose protective conditions in any permit or right-of-way for <br />water development on NFS lands within or above a wilderness that <br />would affect wilderness values as established by Congress. Of <br />course, the specific restrictions that would be imposed, such as <br />stream flow timing or quantity requirements, may vary according <br />to the factual circumstances of each case, but the objective, <br />i.e., preservation of wilderness characteristics, does not~ <br />Unauthorized uses of NFS lands which adversely affect wilderness <br />will be referred to the Department of Justice for prosecution. <br /> <br />(2) Following the designation of a wilderness there cannot be any <br />water resources development on Federal lands within the wilder- <br />ness area unless it has been authorized by the President under <br />Section 4(d)(4) of the Wilderness Act, 16 U.S.C. 1133(d)(4). If <br />a water project proponent requests Presidential permission for <br />construction of water diversion, storage facilities, or other <br />water resource development on NFS lands within a wilderness, the <br />Forest Service will use the environmental analysis process to <br />evaluate the proposed impacts and recommend to the President the <br />imposition of protective conditions in or the denial of any <br />authorization to protect the wilderness values and the public <br />interests. Any water resource development on NFS wilderness <br />lands that is not authorized by Congress or the President is a <br />trespass and will be referred to the Department of Justice for <br />prosecution. The Forest Service regulations regarding activities <br />
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