WSPC00554

• 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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1. SUMMARY OF ANALYSIS

The Forest Service. pursuant to the Court's orders of November 20, 1986 and
June 3, 1987, examined the 24 wilderness areas in Colorado named in the Second
Amended Complaint, to identify any threats to wilderness water resources and
evaluated the various alternatives available, including claiming Federal
reserved water rights, to carry out the statutory responsibility to protect
wilderness resources. Our analysis did not indicate any present or foreseeable
future threats to the wilderness resources which would dimirlish their wilder-
ness characteristics.

The appendices to this report set forth the quantity and location of all
decreed absolute and conditional water rights and all non-Federal lands within
or above wilderness. Fourteen of the 24 wilderness areas do not have any
non-Federal lands on the watersheds above them; and, 9 of the wilderness areas
encompass the headwaters of their watersheds. Four of the wilderness areas do
not have any non-Federal lands within their boundaries; and, 3 of the wilder-
ness areas have less than 100 acres each of non-Federal land within them.

No application has been made to the President for development within wilder-
ness; and, the Forest Service has not received any applications for development
on National Forest System land above wilderness. Furthermore, we know of no
activity on non-Federal land that would diminish the wilderness characteristics
of wilderness water reSOurces.

In addition, the Forest Service analysis of the existing absolute and decreed
conditional water rights located within and above the wilderness areas indi-
cates that all of the rights are senior to the various designation dates of
these wilderness areas with the exception of five absolute rights. Three of
these rights are based upon appropriations which were initiated prior to the
establishment of the related wildernesses; another of the rights is part of a
diversion which was initiated in 1918. These five rights that are junior to
the designation dates are, by having been adjudicated and entered in decrees,
senior in priority to any Federal reserved water rights that the United States
could acquire by filing claims for such rights at this time. As indicated by
the data in the appendices. the uses of water associated with these five rights
are so small that they do not adversely affect the wilderness characteristics.
A reserved water right based upon the designation of the wilderness areas in
Colorado would not provide any necessary protection for the wilderness
resources against the exercise of these senior water rights.

The Forest Service has several management mechanisms to protect wilderness
water resources from the effects of future water development, depending upon
the location of the development in relation to the wilderness and the threat
that it presents to wilderness values. Generally, these consist of adminis-
trative controls over lands where water could be developed or legal authorities
to acquire and assert rights to lands and water so as to protect wilderness
resources. Specifically, these mechanisms are: 1) Deny land use authoriza-
tions or impose conditions for protection of wilderness water resources; 2}
Recommend to the President the denial of authorization or imposition of condi-
tions for the protection of wilderness resources if a request for authorization