Sec. 20104. Water
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/bill/116/hr/6395/pcs/section-20104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Nothing in this title— affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water; affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; affects any interstate water compact in existence on the date of enactment of this Act; authorizes or imposes any new reserved Federal water rights; and shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of Colorado on or before the date of the enactment of this Act.
The purpose of this subsection is to protect for the benefit and enjoyment of present and future generations— the unique and nationally important values of areas designated as wilderness by section 20102(b) (including the geological, cultural, archaeological, paleontological, natural, scientific, recreational, environmental, biological, wilderness, wildlife, riparian, historical, educational, and scenic resources of the public land); and the water resources of area streams, based on seasonally available flows, that are necessary to support aquatic, riparian, and terrestrial species and communities.
The Secretary shall ensure that any water rights within the wilderness designated by section 20102(b) required to fulfill the purposes of such wilderness are secured in accordance with subparagraphs
(B)through (G). Any water rights for which the Secretary pursues adjudication shall be appropriated, adjudicated, changed, and administered in accordance with the procedural requirements and priority system of State law. Except as provided in subclause (II), the purposes and other substantive characteristics of the water rights pursued under this paragraph shall be established in accordance with State law. Notwithstanding subclause
(I)and in accordance with this title, the Secretary may appropriate and seek adjudication of water rights to maintain surface water levels and stream flows on and across the wilderness designated by section 20102(b) to fulfill the purposes of such wilderness. The Secretary shall promptly, but not earlier than January 1, 2021, appropriate the water rights required to fulfill the purposes of the wilderness designated by section 20102(b). The Secretary shall not pursue adjudication for any instream flow water rights unless the Secretary makes a determination pursuant to subparagraph (E)(ii) or (F). The Secretary shall not pursue adjudication of any Federal instream flow water rights established under this paragraph if— the Secretary determines, upon adjudication of the water rights by the Colorado Water Conservation Board, that the Board holds water rights sufficient in priority, amount, and timing to fulfill the purposes of this subsection; and the Secretary has entered into a perpetual agreement with the Colorado Water Conservation Board to ensure full exercise, protection, and enforcement of the State water rights within the wilderness to reliably fulfill the purposes of this subsection. If the Secretary determines that the provisions of clause
(i)have not been met, the Secretary shall adjudicate and exercise any Federal water rights required to fulfill the purposes of the wilderness in accordance with this paragraph. If the Colorado Water Conservation Board modifies the instream flow water rights obtained under subparagraph
(E)to such a degree that the Secretary determines that water rights held by the State are insufficient to fulfill the purposes of this title, the Secretary shall adjudicate and exercise Federal water rights required to fulfill the purposes of this title in accordance with subparagraph (B). The Secretary shall promptly act to exercise and enforce the water rights described in subparagraph
(E)if the Secretary determines that— the State is not exercising its water rights consistent with subparagraph (E)(i)(I); or the agreement described in subparagraph (E)(i)(II) is not fulfilled or complied with sufficiently to fulfill the purposes of this title. Notwithstanding any other provision of law, beginning on the date of enactment of this title, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for development of any new irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission, other ancillary facility, or other water, diversion, storage, or carriage structure in the wilderness designated by section 20102(b). As used in this subsection, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. Subject to the provisions of this subsection, the Secretary shall allow reasonable access to water resource facilities in existence on the date of enactment of this Act within the areas described in sections 20102(b) and 20102(c), including motorized access where necessary and customarily employed on routes existing as of the date of enactment of this Act. Existing access routes within such areas customarily employed as of the date of enactment of this Act may be used, maintained, repaired, and replaced to the extent necessary to maintain their present function, design, and serviceable operation, so long as such activities have no increased adverse impacts on the resources and values of the areas described in sections 20102(b) and 20102(c) than existed as of the date of enactment of this Act. Subject to the provisions of this subsection and subsection (a)(4), the Secretary shall allow water resource facilities existing on the date of enactment of this Act within areas described in sections 20102(b) and 20102(c) to be used, operated, maintained, repaired, and replaced to the extent necessary for the continued exercise, in accordance with Colorado State law, of vested water rights adjudicated for use in connection with such facilities by a court of competent jurisdiction prior to the date of enactment of this Act. The impact of an existing facility on the water resources and values of the area shall not be increased as a result of changes in the adjudicated type of use of such facility as of the date of enactment of this Act. Water resource facilities, and access routes serving such facilities, existing within the areas described in sections 20102(b) and 20102(c) on the date of enactment of this Act shall be maintained and repaired when and to the extent necessary to prevent increased adverse impacts on the resources and values of the areas described in sections 20102(b) and 20102(c).