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<br />onJ831 <br /> <br />list of possibilities? <br /> <br />f. 5.1029 refers to the state program as "leading" <br />and it is perhaps, in the number of miles of <br />streams with flows, but other Western states have <br />instream flow programs with values more akin to <br />wilderness, such as flow protection for recreation <br />and aesthetics, public trust or public interest <br />principles for public values in flowing waters and <br />state designated wild rivers. <br /> <br />3. The contract referenced in Section 3(a)(2) was not <br />before the pUblic at the time of Senate passage of <br />5.1029 nor is it now. The public does not know how or <br />in what way the ewes program can change or will change <br />to embrace wilderness preservation values. At <br />present, ewes has not adopted policies or <br />methodologies or enforcement strategies for the <br />broader values of wilderness streams: recreation, <br />wetlands, waterfall, and other unique water-related <br />values of wilderness. Why is the Piedra the <br />"sacrificial lamb" for those interested in pressing <br />for broader interpretations of CWCB's mission? What <br />happens to the Piedra if it all falls apart? <br /> <br />D. summary <br /> <br />5.1029 departs from the 80 year history of implied rights <br />for federal reservations and from the approach of recent <br />Congresses and proposes new ways of protecting wilderness <br />water. There is a need for consistency in defining the <br />attributes and character of lands in the wilderness system <br />as well as in the other federal land management systems. <br />A reserved water right does not guarantee absolute <br />protection against future water development or expansion <br />of existing rights. There is a balancing that must occur <br />between private rightholders and wilderness values. That <br />balancing currently takes place under state law in state <br />court. We continue to assert that this is still the <br />proper forum for the accommodation of the various <br />interests. If the U.s. does not hold a water right, it is <br />not even present in the forums where the balancing takes <br />place. The denial of a water right forces the U.s. to <br />effectively abdicate its role in protecting wilderness <br />water values. <br />