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<br />September 3, 1993
<br />Issue No. 1007
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<br />WESTERN B
<br />STATES WATER
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<br />TIIE WEEKLY NEWSLETfER OF TIIE WESTERN STATES WATER COUNCIL
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<br />Creekview Plaza, Suite A-201/942 East 7145 So. / Midvale, Utah 84047 / (801) 561-5300 / FAX (801) 255-%42
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<br />editor - Tony Willardson
<br />typist - Carrie curvin
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<br />WATER RIGHTS!ENVlRONMENT
<br />Colorado/Wildemess
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<br />On August 13, the President signed H.R. 631, the
<br />Colorado Wilderness Act (P.L. 103-77; 107 Stat. 756).
<br />Ending a decade of disagreement, the bill passed the
<br />House by voice vote on July 19, and the Senate by
<br />unanimous consent on August 4. 'The water issues
<br />associated with these proposed wilderness areas were
<br />particularly difficult to resolve because of the strong
<br />and diametrically opposed views held by many
<br />members of the water user and environmental
<br />communities,' said Senator Hank Brown (R-CO).
<br />'Fortunately, this bill contains water language that is a
<br />true compromise that does not injure the fundamental
<br />principles...protection of wild lands and protection of
<br />Colorado's future ability to develop and use all of its
<br />interstate water entitlements.' (CR Aug. 4, p. S10453)
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<br />The bill addresses the difficult issue of downstream
<br />wilderness study areas, where there could be conflicts
<br />with upstream water storage and diversion. Where
<br />any potential conflict existed, the areas were not
<br />designated as wilderness, ensuring that there would
<br />be no effect on existing and future water use. In order
<br />to make this intent crystal clear, there is also an
<br />explicit disclaimer of any federal reserved right for
<br />these areas, and the 'existence of these areas cannot
<br />be used as a basis to affect upstream activities as a
<br />part of any administrative or regulatory program.'
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<br />Section 8 reads, 'Neither the Secretary of
<br />Agriculture nor the Secretary of the Interior, nor any
<br />other officer, employee, representative, or agent ofthe
<br />United States, nor any other person, shall assert in
<br />any court or agency, nor shall any court or agency
<br />consider, any claim to or for water or water rights in
<br />the state of Colorado, which is based on any
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<br />chairman - Dave Kennedy
<br />executive director - Craig Bell
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<br />construction of any portion of this act, or the
<br />designation of any lands as wilderness by this act, as
<br />constituting an express or implied reservation of water
<br />or water rights.' Senator Brown and Senator Ben
<br />Nighthorse Campbell (D-CO) entered a colloquy on
<br />the floor to reaffirm the act's intent to deny anyone an
<br />opportunity in any forum to claim that wilderness
<br />designations created a basis for claiming water or
<br />water rights. Senator Brown emphasized that without
<br />this prohibition, the act would not have passed.
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<br />On the other hand, the bill adds, 'Nothing in this
<br />act shall be construed as a creation, recognition,
<br />disclaimer, relinquishment, or reduction of any water
<br />rights of the United States in the State of Colorado
<br />existing before the date of enactment of this act....'
<br />Also, Section 8 prohibits the licensing or permitting of
<br />any new water resource facility or the enlargement of
<br />existing facilities, within certain areas. However, the
<br />Secretary is to allow reasonable access to existing
<br />facilities, as well as continued operation, maintenance,
<br />repair and replacement 'to the extent necessary for
<br />the continued exercise, in accordance with Colorado
<br />State law, of vested water rights adjudicated for use in
<br />connection with such facilities....'
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<br />The act adds, 'Nothing in this act, and nothing in
<br />any previous act designating any lands as wilderness
<br />shall be construed as limiting, altering, modifying, or
<br />amending any of the interstate compacts or equitable
<br />apportionment decrees that apportion water among
<br />and between the state of Colorado and other states.
<br />Except as expressly provided in this section, nothing
<br />in this act shall affect or limit the development or use,
<br />by existing and future holders of vested water rights,
<br />of Colorado's full apportionment of such waters.'
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<br />Senator Brown acknowledged the contribution of
<br />former Senator William Armstrong in developing a bill
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