Page:United States Statutes at Large Volume 107 Part 1.djvu/788

 107 STAT. 762 PUBLIC LAW 103-77 —AUG. 13, 1993 SEC. 8. WATER. (a) FINDINGS, PURPOSE, AND DEFINITION.—(1) Congress finds that— (A) the lands designated as wilderness by this Act are located at the headwaters of the streams and rivers on those lands, with few, if any, actual or proposed water resource facilities located upstream from such lands and few, if any, opportunities for diversion, storage, or other uses of water occurring outside such lands that would adversely affect the wilderness values of such lands; and (B) the lands designated as wilderness by this Act are not suitable for use for development of new water resource facilities, or for the expansion of existing facilities; and (C) therefore, it is possible to provide for proper management and protection oi the wilderness value of such lands in ways diuerent from those utilized in other legislation designating as wilderness lands not sharing the attributes of the lands designated as wilderness by this Act. (2) The purpose of this section is to protect the wilderness values of the lands designated as wilderness by this Act by means other than those based on a Federal reserved water right. (3) As used in this section, the term "water resource facility" means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (b) RESTRICTIONS ON RIGHTS AND DISCLAIMER OF EFFECT.— (1) Neither the Secretary of Agriculture nor the Secretary of the Interior, nor any other officer, employee, representative, or agent of the United States, nor any other person, shall assert in any court or agency, nor shall any court or agency consider, any claim to or for water or water rights in the State of Colorado, which is based on any construction of any portion of this Act, or the designation of any lands as wilderness by this Act, as constituting an express or implied reservation of water or water rights. (2)(A) Nothing in this Act shall constitute or be construed to constitute either an express or implied reservation of any water or water rights with respect to the Piedra, Roubideau, and Tabeguache areas identified in section 9 of this Act, or the Bowen Gulch Protection Area or the Fossil Ridge Recreation Management Area identified in sections 5 and 6 of this Act. (B) Nothing in this Act shall be construed as a creation, recognition, disclaimer, relinquishment, or reduction of any water rights of the United States in the State of Colorado existing before the date of enactment of this Act, except as provided in subsection (g)(2) of this section. (C) Except as provided in subsection (g) of this section, nothing in this Act shall be construed as constituting an interpretation of any other Act or any designation made by or pursuant thereto. (D) Nothing in this section shall be construed as establishing a precedent with regard to any future wilderness designations. (c) NEW OR EXPANDED PROJECTS. —Notwithstanding any other provision of law, on and after the date of enactment of tnis Act 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 the development of any new water resource facility within the areas described in sections 2, 5, 6, and 9 of this Act

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