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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 />- <br /> <br />17 <br /> <br />the reserved right and objecting to the proposed change. Any change <br />to a different point of diversion on NFS lands within the wilderness <br />would, of course. require Presidential approval pursuant to section <br />4(d)(4). If the President authorized such a development, it would be <br />allowed despite the existence of any reserved right, as discussed in <br />our earlier briefs. <br /> <br />As discussed previously and in the individual wilderness analyses in <br />Appendix III, there is no reasonably foreseeable development of the <br />water resources on non-Federal lands within or above the wilderness <br />areas that would diminish the wilderness values with the possible <br />exception of the Rockwell Reservoir and the Piney River Unit of the <br />Denver Water Board. Also, as discussed, there are effective means <br />available to the Forest Service to avoid or remove any threats to the <br />wilderness values should unforeseeable development be proposed in the <br />future. <br /> <br />d. Purchase or Exchange of Land or Water Rights <br /> <br />Under the authority of section 213 of the Organic Act of 1944, 16 <br />U.S.C. 526, water rights and lands or interests in lands can be <br />purchased to meet the needs of protection of wilderness water <br />resources when other means are not successful in assuring the <br />availability of water, and water rights are available for sale or <br />exchange. Non-Federal lands and interests in land may also be <br />acquired through land exchange authorities, such as the General <br />Exchange Act of 1922, 16 U.S.C. 485-486, and section 5(a) of the <br />Wilderness Act, 16 U.S.C. 1134(a). Section 5(c) of the Wilderness <br />Act, 16 U.S.C. 1134(c) authorizes the Forest Service to acquire <br />non-Federal lands within wilderness through consensual purchase or <br />through condemnation that has been specifically approved by Congress. <br />It is the policy of the Forest Service to actively pursue, on a <br />priority basis, land acquisition within wilderness areas subject to <br />the limits on condemnation contained in the Wilderness Act. <br /> <br />Application in Colorado: The Forest Service has not identified any <br />situation in Colorado where acquisition of land or water rights is <br />necessary to protect wilderness water resources. AcqUisition has been <br />made for non-wilderness lands, and the Forest Service will Use this <br />authority, to the extent of available funds, to protect wilderness <br />resources. Approximately 600 to 800 acres of patented mining claims <br />are available for purchase by the Forest Service within various <br />Colorado wilderness areas. The Forest Service has contacted many of <br />the landowners and is discussing pOSSible purchases or exchanges. <br />Further, approximately 360 acres of patented mining claims within <br />wilderness areas are a part of an exchange proposal from Pitkin County <br />which is currently under consideration by the Forest Service. <br />
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