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<br />r " '" .. .. 3 <br />,j' ,j,:S <br /> <br />Colorado. <br /> <br />3. National Wilderness Preservation System (NWPS) of <br />1964 Wilderness Act requires that same general rules <br />apply to all wilderness, not just Colorado <br />wilderness. <br /> <br />4. Uniformity and consistency in management of <br />wilderness values are necessary to maintain the <br />integrity of the NWPS. <br /> <br />B. Headwaters Proposal <br /> <br />1. Section J(h)e!) - express denial of federal rights <br />means there is no federal water protection for <br />instream flows nor does state law provide <br />effective means for protecting wilderness instream <br />flow. <br /> <br />2. Section 3(b)(2) -grants u.s. right to acquire water <br />rights pursuant to state law. Colorado law does not <br />permit the U.S. to acquire instream flows; only the <br />Colorado Water Conservation Board (CWCS) can hold <br />instream flow rights. u.s. may ask ewcs, but CWCS has <br />final say as to amount, purpose and enforcement of <br />instream flow rights. <br /> <br />3. Section 3(b)(3) acts a repeal of Section 4(d)(4) of the <br />Wilderness Act, the Presidential exemption for new water <br />projects within designated wilderness. <br /> <br />a. Rationale for approach is that the areas designated <br />are "headwaters" or top of the watershed and not as <br />vulnerable to development. New water projects are <br />precluded. <br /> <br />b. Exception for existing water facilities fails to <br />limit use to historic levels of diversion. Expansion <br />of existing facilities is more significant threat <br />than new projects. <br /> <br />4. Section 3(f) dealing with access and operation of <br />existing facilities places important conditions and <br />limitations on existing facilities, but it does not <br />cover a number of situations where threats to headwaters <br />wilderness would occur: <br /> <br />a. Existing water rights within an area with a <br />di version capacity for more than existing diversion. <br />If rightholder wanted to increase diversion to <br />extent of capacity, there is nothing in state law or <br />the Wilderness Act to prevent it unless the U.S. <br />