H. R. 3603 109th CONGRESS 2d Session


(CIEDRA)



SEC. 206. WATER RIGHTS.


(a) Findings- Congress finds the following:


(1) The lands designated as wilderness areas by section 201 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.


(2) The lands designated as wilderness areas by section 201 are not suitable for use for development of new water resource facilities or for the expansion of existing facilities.


(3) Therefore, it is possible to provide for proper management and protection of the wilderness value of the lands designated as wilderness areas by section 201 in ways different from the ways utilized in other laws designating wilderness areas.


(b) Purpose- The purpose of this section is to protect the wilderness values of the lands designated as wilderness areas by section 201 by means other than a federally reserved water right.


(c) Statutory Construction- Nothing in this title--


(1) shall constitute, or be construed to constitute, either an express or implied reservation by the United States of any water or water rights with respect to the wilderness areas designated by section 201;


(2) shall affect any water rights in the State of Idaho existing on the date of the enactment of this Act, including any water rights held by the United States;


(3) shall be construed as establishing a precedent with regard to any future wilderness designations;


(4) shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State of Idaho and other States; and


(5) shall be construed as limiting, altering, modifying, or amending provisions of Public Law 92-400, which established the Sawtooth National Recreation Area (16 U.S.C. 460aa et seq.).


(d) Idaho Water Law- The Secretary concerned shall follow the procedural and substantive requirements of the law of the State of Idaho when seeking to establish any water rights, not in existence on the date of the enactment of this Act, with respect to the wilderness areas designated by section 201.


(e) New Projects-


(1) PROHIBITION- Except as otherwise provided in this Act, on and after the date of the enactment of this 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 inside any of the wilderness areas designated by section 201.


(2) DEFINITION- In this subsection, 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.

Water Rights:  Sawtooth National Recreation Area

Carl Pope, Sierra Club letter to U.S. House, July 21, 2006 Waters of the Sawtooth NRA The streams and rivers of the Sawtooth NRA must be protected for fish (especially spawning salmon) and wildlife. Normally, federal lands such as the Sawtooth NRA include federal protection of instream flows. However, in 2000 the Idaho Supreme Court stripped the Sawtooth NRA of its protections for water and the State of Idaho is free to continue issuing new water rights further degrading instream flow protections. CIEDRA should reassert flow protections. Instead, the bill expressly denies a federal water right under current Idaho law for the Wilderness areas, and is silent as to the new Boulder White Clouds Management Area. The Salmon River and its tributaries could be degraded as a result, further harming salmon recovery. http://www.waterplanet.ws/pdf/wpwild20060721.pdfshapeimage_3_link_0
Side-by-side comparison, Title II Roadless Areas Not Designated Wilderness Water Rights Mining Wildlife ciedratitle2.htmlreleasedroadlessareas.htmlmining.htmlwildlife.htmlshapeimage_4_link_0shapeimage_4_link_1shapeimage_4_link_2shapeimage_4_link_3shapeimage_4_link_4

In 2000, the Idaho Supreme Court ruled that no federal reserved water rights attach to the Sawtooth NRA.  This ruling was (a) contrary to the intent of the Sawtooth enabling act and (b) inconsistent with 90 years of precedent—including U.S. Supreme Court decisions in Winters v. U.S. (1908) and Arizona v. California (1963) that established the doctrine of implied water rights for federal lands. With no federal protection of water rights in the NRA, Idaho is free to continue issuing water rights from the Salmon River and its tributaries, even while endangered salmon migrate an incredible 900 miles from the Pacific Ocean to spawn in these mountain rivers.  CINFPLMA’s (CIEDRA’s) express prohibition of federal water rights would also entrench bad precedent for future acts of Congress.

HR 192  111th CONGRESS 1st Session


(CINFPLMA)



SEC. 205. WATER RIGHTS.


      (a) Findings- Congress finds the following:


            (1) The lands designated as wilderness areas by section 201 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.


            (2) The lands designated as wilderness areas by section 201 are not suitable for use for development of new water resource facilities or for the expansion of existing facilities.


            (3) Therefore, it is possible to provide for proper management and protection of the wilderness value of the lands designated as wilderness areas by section 201 in ways different from the ways utilized in other laws designating wilderness areas.


      (b) Purpose- The purpose of this section is to protect the wilderness values of the lands designated as wilderness areas by section 201 by means other than a federally reserved water right.


      (c) Statutory Construction- Nothing in this title--


            (1) shall constitute, or be construed to constitute, either an express or implied reservation by the United States of any water or water rights with respect to the wilderness areas designated by section 201;


            (2) shall affect any water rights in the State of Idaho existing on the date of the enactment of this Act, including any water rights held by the United States;


            (3) shall be construed as establishing a precedent with regard to any future wilderness designations;


            (4) shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State of Idaho and other States; and


            (5) shall be construed as limiting, altering, modifying, or amending provisions of Public Law 92-400, which established the Sawtooth National Recreation Area (16 U.S.C. 460aa et seq.).


      (d) Idaho Water Law- The Secretary concerned shall follow the procedural and substantive requirements of the law of the State of Idaho when seeking to establish any water rights, not in existence on the date of the enactment of this Act, with respect to the wilderness areas designated by section 201.


      (e) New Projects-


            (1) PROHIBITION- Except as otherwise provided in this Act, on and after the date of the enactment of this 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 inside any of the wilderness areas designated by section 201.


            (2) DEFINITION- In this subsection, 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.