Sec. 402. Protection of water rights and other interests
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The Dolores Project and the operation of McPhee Reservoir shall continue to be the responsibility of, and be operated by, the Secretary, in cooperation with the Dolores Water Conservancy District, in accordance with applicable laws and obligations. Nothing in this Act affects the Dolores Project or the operation of McPhee Reservoir, in accordance with— the reclamation laws; any applicable— Dolores Project water contract, storage contract, or carriage contract; or allocation of Dolores Project water; the environmental assessment and finding of no significant impact prepared by the Bureau of Reclamation Upper Colorado Region and approved August 2, 1996; the operating agreement entitled Operating Agreement, McPhee Dam and Reservoir, Contract No. 99–WC–40–R6100, Dolores Project, Colorado and dated April 25, 2000 (or any subsequent renewal or revision of that agreement); mitigation measures for whitewater boating, including any such measure described in— the document entitled Dolores Project Colorado Definite Plan Report and dated April 1977; the Dolores Project final environmental statement dated May 9, 1977; or a document referred to in subparagraph
(C)or (D); applicable Federal or State laws relating to the protection of the environment, including— the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and the Colorado Ute Indian Water Rights Settlement Act of 1988 ( Public Law 100–585 ; 102 Stat. 2973). In managing available flows below McPhee Dam to conserve, protect, and enhance the resources described in sections 101(b) and 201(b) of the Dolores River within the covered land, including native fish and whitewater boating resources, the Secretary shall seek to provide regular and meaningful consultation and collaboration with interested stakeholders, including the Native Fish Monitoring and Recommendation Team, which includes water management entities, affected counties, conservation interests, whitewater boating interests, Colorado Parks and Wildlife, and the Ute Mountain Ute Tribe, during the process of decisionmaking. Beginning on the date that is 1 year after the date of enactment of this Act and annually thereafter, the Commissioner of Reclamation shall prepare and make publically available a report that describes any progress with respect to the conservation, protection, and enhancement of native fish in the Dolores River. Subject to valid existing rights and paragraph (2), after the date of enactment of this Act, the Secretary or any other officer, employee, or agent of the United States may not assist by loan, grant, license, or otherwise in the construction or modification of any water resource project— located on the covered land that would— affect the free-flowing character of any stream within the covered land; or unreasonably diminish the resource values described in sections 101(b) and 201(b) of the Dolores River within the covered land; or located outside the covered land that would unreasonably diminish the resource values described in sections 101(b) and 201(b) of the Dolores River within the covered land. Subject to the requirements of this section, nothing in paragraph (1)— prevents, outside the covered land— the construction of small diversion dams or stock ponds; new minor water developments in accordance with existing decreed water rights; or minor modifications to structures; or affects access to, or operation, maintenance, repair, or replacement of, existing water resource projects. Nothing in this Act— affects— any water right that is— decreed under the laws of the State; and in existence on the date of enactment of this Act; the use, allocation, ownership, or control, in existence on the date of enactment of this Act, of any water or water right; 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; any interstate water compact in existence on the date of enactment of this Act; or State jurisdiction over any water law, water right, or adjudication or administration relating to any water resource; imposes— any mandatory streamflow requirement within the covered land; or any Federal water quality standard within, or upstream of, the covered land that is more restrictive than would be applicable if the covered land had not been designated as the Conservation Area or Special Management Area under this Act; or constitutes an express or implied reservation by the United States of any reserved or appropriative water right within the covered land.
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- Pub. L. 100-585
- 102 Stat. 2973
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Sec. 402
Protection of water rights and other interests
Pub. L.Pub. L. 100-585
Stat.102 Stat. 2973
Cites 5Cited by 0 across 0 sources