Idaho Wilderness Water Resources Protection Act

[113th Congress Public Law 136]
[From the U.S. Government Publishing Office]



[[Page 128 STAT. 1739]]

Public Law 113-136
113th Congress

                                 An Act


 
 To authorize the continued use of certain water diversions located on 
   National Forest System land in the Frank Church-River of No Return 
 Wilderness and the Selway-Bitterroot Wilderness in the State of Idaho, 
     and for other purposes. <<NOTE: July 25, 2014 -  [H.R. 876]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Idaho Wilderness 
Water Resources Protection Act.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Idaho Wilderness Water Resources 
Protection Act''.
SEC. 2. <<NOTE: Determinations.>> TREATMENT OF EXISTING WATER 
                    DIVERSIONS IN FRANK CHURCH-RIVER OF NO RETURN 
                    WILDERNESS AND SELWAY-BITTERROOT WILDERNESS, 
                    IDAHO.

    (a) Authorization for Continued Use.--The Secretary of Agriculture 
shall issue a special use authorization to the owners of a water 
storage, transport, or diversion facility (in this section referred to 
as a ``facility'') located on National Forest System land in the Frank 
Church-River of No Return Wilderness and the Selway-Bitterroot 
Wilderness for the continued operation, maintenance, and reconstruction 
of the facility if the Secretary determines that--
            (1) the facility was in existence on the date on which the 
        land upon which the facility is located was designated as part 
        of the National Wilderness Preservation System (in this section 
        referred to as ``the date of designation'');
            (2) the facility has been in substantially continuous use to 
        deliver water for the beneficial use on the owner's non-Federal 
        land since the date of designation;
            (3) the owner of the facility holds a valid water right for 
        use of the water on the owner's non-Federal land under Idaho 
        State law, with a priority date that predates the date of 
        designation; and
            (4) it is not practicable or feasible to relocate the 
        facility to land outside of the wilderness and continue the 
        beneficial use of water on the non-Federal land recognized under 
        State law.

    (b) Terms and Conditions.--
            (1) Required terms and conditions.--In a special use 
        authorization issued under subsection (a), the Secretary shall--
                    (A) allow use of motorized equipment and mechanized 
                transport for operation, maintenance, or reconstruction 
                of a facility, if the Secretary determines that--
                          (i) the use is necessary to allow the facility 
                      to continue delivery of water to the non-Federal 
                      land

[[Page 128 STAT. 1740]]

                      for the beneficial uses recognized by the water 
                      right held under Idaho State law; and
                          (ii) the use of nonmotorized equipment and 
                      nonmechanized transport is impracticable or 
                      infeasible; and
                    (B) preclude use of the facility for the storage, 
                diversion, or transport of water in excess of the water 
                right recognized by the State of Idaho on the date of 
                designation.
            (2) Discretionary terms and conditions.--In a special use 
        authorization issued under subsection (a), the Secretary may--
                    (A) require or allow modification or relocation of 
                the facility in the wilderness, as the Secretary 
                determines necessary, to reduce impacts to wilderness 
                values set forth in section 2 of the Wilderness Act (16 
                U.S.C. 1131) if the beneficial use of water on the non-
                Federal land is not diminished; and
                    (B) require that the owner provide a reciprocal 
                right of access across the non-Federal property, in 
                which case, the owner shall receive market value for any 
                right-of-way or other interest in real property conveyed 
                to the United States, and market value may be paid by 
                the Secretary, in whole or in part, by the grant of a 
                reciprocal right-of-way, or by reduction of fees or 
                other costs that may accrue to the owner to obtain the 
                authorization for water facilities.

    Approved July 25, 2014.

LEGISLATIVE HISTORY--H.R. 876:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 113-76 (Comm. on Natural Resources).
SENATE REPORTS: No. 113-150 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 159 (2013):
                                    June 17, considered and passed 
                                        House.
                                                        Vol. 160 (2014):
                                    July 9, considered and passed 
                                        Senate.

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