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<br />. . , <br /> <br />4It <br /> <br />OO!OU2 <br /> <br />4It <br /> <br />. <br /> <br />Another example is where a rancher needs to change a point <br />of diversion because of natural conditions (e.g. a washed out <br />headgate due to flooding) or to improve operations. As long as <br />the actual use would remain unchanged. there would be no injury. <br />With or without the wild and Scenic designation such changes <br />would be allowable with a minimum of review. <br /> <br />Future water development is another matter. All presently <br />existing conditional water rights would be senior to the Wild and <br />Scenic right. If a federal permit is not required for a given <br />activity (for example, no new headgate or ditch and no federal <br />right-of-way is required), it would not be affected. However, if <br />a federal permit is required, there may be additional red tape in <br />completing the project. Wild and Scenic rights would likely make <br />proof of reasonable diligence in maintaining a conditional water <br />right more difficult. <br /> <br />Another factor affecting future water development is the <br />provision in the Act which prohibits new water projects involving <br />any federal action on designated rivers if such new projects or <br />actions would be contrary to the values being protected by Wild <br />and Scenic designation. This applies to federally funded, <br />permitted or licensed water projects. Small ponds and other <br />activities on private land upstream of the designated segment <br />could be developed if the impact is slight, but there may be more <br />red tape it an Army Corps of Engineers 404 permit is required. <br />Larger projects, such as significant reservoirs, may be unable to <br />obtain necessary federal permits. <br /> <br />Finally, activities involving water rights junior to the <br />wild and Scenic right (any right filed after 1989) may find that <br />there is no remaining unappropriated water, and that such a <br />project is not feasible. <br /> <br />-2- <br /> <br />(011989LD.PR) <br />