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<br />, <br /> <br />v <br /> <br />2 <br /> <br />to develop wilderness water resources is made to the President; 3) Recommend <br />litigation (including the assertion of water rights under state and Federal <br />law) to the Department of Justice in cases where there is a threat to wilder- <br />ness resources; 4) Acquire or seek additional authority to acquire land or <br />water rights; 5) Report to the President and Congress threats to wilderness <br />water resources; and 6) Recommend denial or conditioning of permits by other <br />Federal agencies that may have jurisdiction over the water development. <br /> <br />2. BACKGROUND <br /> <br />In the State of Colorado, there are 14.4 million acres of National Forest <br />System (NFS) lands. Of this amount, 2.55 million acres, or roughly 18 percent, <br />have been designated as wilderness. This wilderness acreage is located in the <br />various wilderness areas as shown on the enclosed State of Colorado Wilderness <br />Status map. See Appendix I. <br /> <br />On November 25, 1985, the United States District Court for the District of <br />Colorado directed the Secretary of Agriculture and Chief of the Forest Service <br />to ". . . re-evaluate their alternatives, including claiming reserved water <br />rights for the wilderness areas. in complying with their statutory duty to <br />protect wilderness water reSOUrces. . ." and to submit to the court a <br />memorandum ". . . describing their actions on remand and their plan to comply <br />with their statutory duty to protect wilderness water resources." Sierra Club <br />v. Block, 622 F. Supp. 842, 842 (D. Colo. 1985). The Forest Service submitted <br />a Report on Methods for Protecting Wilderness Water Resources on Land Admin- <br />istered by the Forest Service, United States Department of Agriculture on <br />November 26. 1986. <br /> <br />The Court, in a memorandum opinion and order filed on June 3, 1987, found that <br />the Report did not provide an adequate basis upon which to assess the Federal <br />defendants' actions with regard to protection of wilderness water resources and <br />remanded the matter to the Forest Service. Sierra Club v. ~, 661. F. Supp. <br />1490, 1501-1502, (D.Colo. 1987). This report supplements the November 26, 1986 <br />report, as required by the Court's order of June 3. 1987. <br /> <br />The study undertaken by the Forest Service pursuant to this Court's orders was <br />designed to make three basic inquiries. Those inquiries concern absolute <br />decreed water rights, conditionally decreed water rights. and non-Federal land <br />holdings within or above wilderness areas which might have potential, if used <br />for water development, to have an impact on the water resources of the areas. <br />The staff responsibility for preparing the studies and report was assigned to <br />Charles Hendricks. Director of the Watershed, Soils and Minerals Area Manage- <br />ment Staff Unit for the Rocky Mountain Region. He was assisted in his work by <br />George Nagy, Water Rights and Uses Specialist, and Tom Elson. Deputy Director, <br />Watershed, Soils and Minerals Area Management and various members of the field <br />organization. <br /> <br />This report was reviewed by Sidney Hanks. Deputy Regional Forester and approved <br />by Gary Cargill. Regional Forester. As a part of this effort, the Watershed <br />