WSPC00554 - Laserfiche WebLink

Home Browse Search

13 within wilderness areas are found 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. The 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 U.S.C. 1136, any problems created by future water devel- opments outside of the lands 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 the Forest Service 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 permits, rights-of-way or licenses issued by other Federal agencies for water developments that may adversely affect wilderness water resources. The provisions of NEPA require Federal agencies to consider the effects of actions which they take, assist or permit, on the human environment, which includes wilderness resources. If the project requires a license under the Federal Power Act, the recommendations of the Forest Service regarding protective conditions are binding upon the Federal Energy Regulatory Commission, under 16 U.S.C. 797(e). Application in Colorado: The Forest Service currently utilizes this mechanism with regard to water development proposals affecting non-wilderness NPS lands, but has not been faced with such a proposal in Colorado that would affect wilderness.