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<br />O~2848 <br /> <br />If Congress is determined to pass a new wilderness bill <br />for Colorado now and chooses not to disclaim implied federal <br />reserved water rights, or honor Colorado's instream flow program, <br />then it should declare explicitly that federal reserved water <br />rights are hereby created. The priority date of these reserved <br />water rights should be the date of passage of this year's bill <br />for all 24 existing wilderness areas in Colorado, as well as for <br />the new wilderness additions. Mr. Danielson and Mr. Getches of <br />Colorado State government have stated that there is little <br />existing actual conflict between existing water rights and <br />instream flow water rights for wilderness areas. If this is so, <br />a 1986 or 1987 priority date will not make much practical <br />difference. <br /> <br />If Congress chooses this direction, it should state that <br />the amount of water reserved is that amount necessary to preserve <br />aquatic life to a reasonable degree, leaving the actual <br />quantification to the Colorado Water Courts. This method for <br />establishing an instream flow water right for the poudre River is <br />what will occur under the poudre wild and scenic River Bill as <br />passed by the House. This approach respects water rights which <br />have been obtained prior to explicit notice by Congress of its <br />intent to appropriate water for federal purposes. It also allows <br />water users to present their views in Court regarding the amount <br />of water reasonably necessary to carry out the federal uses, and <br />provides them with a forum where they can protect their existing <br />water rights against material injury, if any, from the federal <br />reserved water rights. At the same time, congress should <br />reaffirm the Presidential authorization provisions for water <br />projects in wilderness areas in order to preserve a basic <br />compromise which was made in the 1964 Wilderness Act. We suggest <br />the following language: <br />There is hereby reserved that amount of water <br />necessary to preserve aquatic life to a <br />reasonable degree in each of the wilderness <br />areas heretofore or hereby designated within <br />the boundaries of the State of Colorado. Such <br /> <br />-~- <br />