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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 />r <br /> <br />, <br /> <br />5 <br /> <br />Where, as is the situation in this matter. there are no present proposals for <br />development of specific wilderness water resources, the Forest Service uses <br />general resource data and professional judgment to analyze the potential for <br />and effects of yet-to-be identified future water resource development. In <br />order to determine the location of those areas where future development might <br />be initiated without direct Forest Service involvement. those land areas which <br />are in non-Federal ownership are identified. Then Forest Service procedures <br />provide for a general evaluation of an identified land area, which includes <br />consideration of the topography, typical stream channel and watershed charac- <br />teristics, availability and nature of access, and the engineering feasibility <br />of water resource development. Based on this evaluation, a determination is <br />made, predicting the potential for future water resource development and <br />whether such development would diminish the wilderness values. <br /> <br />It is also the policy of the Forest Service to preserve and protect the wilder- <br />ness water resources in a manner that does not unduly disrupt the water uses <br />and water resource allocation programs of the citizens of the State of <br />Colorado. The Forest Service considers the water resource needs of the people <br />of Colorado in the development of NFS land management plans under the provi- <br />sions of the National Forest Management Act of 1976, 16 U.S.C. 1600 et seq., <br />which includes planning for wilderness management. <br /> <br />Further, it is the policy of the Forest Service to avoid unnecessary conflict <br />and litigation and to conserve agency resources. Accordingly, the Forest <br />Service relies primarily on administrative controls to protect wilderness water <br />reSOurces and will consider requesting the Department of Justice to assert <br />water rights under either State or Federal law where such controls are inef- <br />fective. In particular, this policy allows the agency to avoid the unnecessary <br />expenditures of resources to prepare and litigate water right claims. while at <br />the same time protecting wilderness values. <br /> <br />4. ANALYSIS OF EFFECT OF WATER RESOURCE DEVELOPMENT AND USE ON THE WATER <br />RESOURCES OF THE 24 WILDERNESSES <br /> <br />The Sierra Club has contended that the current or future development of water <br />resources in Colorado pose immediate threats to the water resources of the <br />24 wildernesses named in the Second Amended Complaint. This current or future <br />water development. the Sierra Club asserts, will diminish the wilderness <br />characteristics that Congress specifically sought to preserve in establishing <br />the wilderness areas. <br /> <br />As discussed below, based upon the analysis of present and foreseeable future <br />water resource development prepared for the November 26, 1986 report and <br />confirmed by subsequent review. the Forest Service has determined that there <br />are no immediate threats to the wilderness resources that Congress sought to <br />preserve. In reaching this determination, the Forest Service considered the <br />effects of present water uses under absolute water rights, future water uses <br />under existing decreed conditional water rights, and the potential for future <br />
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