Page:United States Statutes at Large Volume 123.djvu/1125

 123STA T . 11 05PUBLIC LA W 111 – 11 —M A R .30, 200 9(2)exc e ptas p rovid edi n para g rap h ( 1 ), in the C onservation A rea in accordance w ith this s ub tit l eandan y other applicable laws . ( f )A C C ES S. —T he S ecretary shall continue to provide private landowners ade q uate access to inholdings in the Conservation Area. (g) INVA S I VES P ECIES AN DNOX IO U S W EEDS.—In accordance with any applicable laws and sub j ect to such ter m s and conditions as the Secretary determines to be desirable and appropriate, the Sec - retary may prescribe measures to control nonnative invasive plants and noxious weeds within the Conservation Area. (h) WA T E RR I GH TS.— (1) EF FECT.—Nothing in this subtitle— (A) affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water ( B ) 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 U nited States; (C) affects any interstate water compact in existence on the date of enactment of this Act; ( D ) authori z es or imposes any new reserved F ederal water rights; or (E) shall be considered to be a relinquishment or reduc- tion of any water rights reserved or appropriated by the United States in the State on or before the date of enact- ment of this Act. (2) WI L DERNESS W ATER RIGHTS.— (A) IN GENERAL.—The Secretary shall ensure that any water rights within the Wilderness required to fulfill the purposes of the Wilderness are secured in accordance with subparagraphs (B) through ( G ). (B) STATE LAW.— (i) P ROCEDURAL RE Q UIRE M ENTS.—Any water rights within the Wilderness for which the Secretary pursues adjudication shall be adjudicated, changed, and administered in accordance with the procedural requirements and priority system of State law. (ii) ESTA B LISHMENT OF WATER RIGHTS.— (I) IN GENERAL.—Except as provided in sub- clause (II), the purposes and other substantive characteristics of the water rights pursued under this paragraph shall be established in accordance with State law. (II) EXCEPTION.—Notwithstanding subclause (I) and in accordance with this subtitle, the Sec- retary may appropriate and see k adjudication of water rights to maintain surface water levels and stream flows on and across the Wilderness to fulfill the purposes of the Wilderness. (C) DEADLINE.—The Secretary shall promptly, but not earlier than J anuary 2 0 0 9, appropriate the water rights required to fulfill the purposes of the Wilderness. (D) REQUIRED DETERMINATION.—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). (E) COOPERATIVE ENFORCEMENT.—