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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 />Q <br /> <br />7 <br /> <br />0.33 cfs of water from Sawmill Ditch with an effective priority of <br />1979. The Thompson Enlargement is not on Federal land; rather it <br />takes water, through a pipe and pump system, from Sawmill Ditch at a <br />point below the wilderness boundary. The previously awarded 6 cfs of <br />absolute rights has, historically, de-watered a small segment of South <br />Willow Creek during periods of low flows. The additional 0.33 cfs may <br />extend the duration of those effects to a slight degree. The Forest <br />Service has no information that indicates that the original diversion <br />from South Willow Creek has been altered in any way, so the Thompson <br />Enlargement is not considered to be a change in the pre-wilderness <br />conditions. <br /> <br />All of the five rights described above represent such very small uses <br />of water that they are considered not to have any noticeable effect on <br />the wilderness water resources, particularly any effect that could be <br />quantified. As with all of the absolute water rights, if the Forest <br />Service determines that their continued use would diminish the wilder- <br />ness resources, the Forest Service would seek to acquire by purchase <br />or exchange the water rights and related lands. Further changes in <br />the development works associated with these rights on wilderness or <br />non-wilderness NFS lands will require authorization by the President <br />or the Forest Service, respectively. <br /> <br />Conditional Rights. The information concerning conditional water <br />rights is displayed in Appendix II. As shown there, all of these <br />rights are senior to the related wilderness designations with the <br />exception of the conditional water rights of the Denver Water Board. <br />This list does not include those decreed conditional rights related to <br />the Federally authorized and funded Fryingpan-Arkansas Reclamation <br />Project in the Hunter-Fryingpan and Holy Cross Wildernesses or those <br />for the Homestake Project in the Holy Cross Wilderness, all of which <br />were recognized and approved by Congress. See Public Law 87-590, 76 <br />Stat. 389, as amended, 43 U.S.C. 616 (note) (authorizing construction, <br />operation and maintenance of Fryingpan-Arkansas Reclamation Project in <br />accordance with specific operating prinCiples and streamflow reqUire- <br />ments); and, Section 102(a)(5) of Public Law 96-560, 94 Stat. 3266 <br />(establishing Holy Cross Wilderness and disclaiming any effect on the <br />Homestake Project). The water rights related to these projects are <br />displayed in the separate wilderness sections of Appendix III. <br /> <br />None of these conditional rights may be developed on non-wilderness or <br />wilderness NFS lands without authorization by the Forest Service or <br />the President, respectively. If any of these rights, whether on <br />Federal or non-Federal lands is implemented in a manner that will <br />adversely affect wilderness values, the management mechanisms dis- <br />cussed below Are availuhle to a.ddress the threat. <br />
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