Page:United States Statutes at Large Volume 123.djvu/1092

 123STA T . 1 07 2 PUBLIC LA W 111 – 11 —M A R .30, 200 9(A)theUni te dS t a te s has e x istin gr ights t ow ater within the P ar k; ( B ) the existing water rights are s uf fi c ient for the p urposes of the W i l derness; and ( C ) b ased on the findings described in subparagraphs (A) and (B) , there is no need for the United States to reser v e or appropriate an y additional water rights to fulfill the purposes of the Wilderness . ( 2 ) EF F ECT . —N othing in this subtitle— (A) constitutes an express or i m plied reservation by the United States of water or water rights for any purpose; or (B) modifies or otherwise affects any existing water rights held by the United States for the Park. (g) FIR E, INS ECT, A N DD ISEASE C O NTRO L .— T he Secretary may take such measures in the Wilderness as are necessary to control fire, insects, and diseases, as are provided for in accordance with— ( 1 ) the laws applicable to the Park; and (2) the Wilderness Act (1 6 U.S.C. 11 3 1etse q .). SEC.1953 . GRAND R IV ER DI T C H AND C OL ORADO -B IG THO MP SON PRO J ECTS. (a) CONDITIONAL WAI V ER OF STRICT L IA B ILIT Y .—During any period in which the Water Supply and Storage Company (or any successor in interest to the company with respect to the G rand R iver Ditch) operates and maintains the portion of the Grand River Ditch in the Park in compliance with an operations and maintenance agreement between the Water Supply and Storage Company and the National Park Service, the provisions of para - graph (6) of the stipulation approved J une 2 8 ,1 907 — (1) shall be suspended; and (2) shall not be enforceable against the Company (or any successor in interest). (b) A G REE M ENT.—The agreement referred to in subsection (a) shall— (1) ensure that— (A) Park resources are managed in accordance with the laws generally applicable to the Park, including— (i) the Act of January 26, 191 5 (16 U.S.C. 191 et seq.); and (ii) the National Park Service O rganic Act (16 U.S.C. 1 et seq.); (B) Park land outside the right-of-way corridor remains unimpaired consistent with the National Park Service management policies in effect as of the date of enactment of this Act; and (C) any use of Park land outside the right-of-way cor- ridor (as of the date of enactment of this Act) shall be permitted only on a temporary basis, sub j ect to such terms and conditions as the Secretary determines to be necessary; and (2) include stipulations with respect to— (A) flow monitoring and early warning measures; (B) annual and periodic inspections; (C) an annual maintenance plan; (D) measures to identify on an annual basis capital improvement needs; and