[Congressional Record Volume 158, Number 59 (Tuesday, April 24, 2012)]
[House]
[Pages H2047-H2048]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
IDAHO WILDERNESS WATER RESOURCES PROTECTION ACT
Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 2050) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2050
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Idaho Wilderness Water
Resources Protection Act''.
SEC. 2. 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 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Bishop) and the gentlewoman from Massachusetts (Ms. Tsongas)
each will control 20 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. BISHOP of Utah. I ask unanimous consent that all Members may have
5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. BISHOP of Utah. Mr. Speaker, again we have a bill that does a
great job in solving a problem that should have been solved a long time
ago, especially if the Senate would ever listen to it.
To introduce his bill, I would like to yield such time as he may
consume to the sponsor of the bill, the gentleman from Idaho (Mr.
Simpson).
Mr. SIMPSON. I thank the gentleman from Utah for yielding.
Mr. Speaker, I rise today in support of H.R. 2050, the Idaho
Wilderness Water Resources Protection Act.
[[Page H2048]]
This bipartisan, noncontroversial legislation is a technical fix
intended to enable the Forest Service to authorize and permit existing
historical water diversions within Idaho wilderness.
Last Congress, one of my constituents came to me for help with a
problem. The Middle Fork Lodge has a water diversion within the Frank
Church-River of No Return Wilderness Area that existed before the
wilderness area was established and is protected under statute. The
diversion was beginning to leak and was in desperate need of repairs to
ensure that it did not threaten the environment and watershed, but it
turned out the Forest Service did not have the authority to issue the
lodge a permit to make the necessary repairs.
As we looked at this issue, we discovered that the Forest Service
lacked the authority throughout both the Frank Church Wilderness area,
of which there are 22 known water developments, and the Selway-
Bitterroot Wilderness, where there are three. These diversions are
primarily used to support irrigation and minor hydropower generation
for use on non-Federal lands. While the critical situation at the
Middle Fork Lodge brought this issue to my attention, it is obvious
that this problem is larger than just one diversion. At some point in
the future, all 25 of these existing diversions will need maintenance
or repair work done to ensure their integrity.
H.R. 2050 authorizes the Forest Service to issue special use permits
for all qualifying historic water systems in these wilderness areas. I
believe this is important that we get ahead of this problem and ensure
the Forest Service has the tools necessary to manage these lands.
For these reasons, I've introduced H.R. 2050. The legislation, which
was passed by the House last Congress, allows the Forest Service to
issue the required special use permits to owners of historic water
systems and sets out specific criteria for doing so. Providing this
authority will ensure that existing water diversions can be properly
maintained and repaired when necessary and preserves beneficial use for
private property owners who hold water rights under State law.
I have deeply appreciated the cooperation of the Forest Service in
addressing this problem. Not only have they communicated with me the
need to find a systemwide solution to this issue, but at my request,
they drafted this legislation to ensure that it only impacts specific
targeted historical diversions--those with valid water rights that
cannot feasibly be relocated outside of the wilderness area.
H.R. 2050 is bipartisan and noncontroversial. I know of no opposition
to this bill. It is intended as a simple, reasonable solution to a
problem that I think we can all agree should be solved as quickly as
possible. I'm encouraged that the committee held hearings on this bill,
and I am hopeful that we can move it through the legislative process
without delay so that the necessary maintenance to these diversions may
be completed before the damage is beyond repair.
I thank the gentleman from Utah for yielding this time to me.
Ms. TSONGAS. Mr. Speaker, I yield myself such time as I may consume.
(Ms. TSONGAS asked and was given permission to revise and extend her
remarks.)
Ms. TSONGAS. This legislation provides commonsense access to maintain
water facilities within the Frank Church-River of No Return Wilderness
area. These water features were present prior to the congressional
designation of Wilderness and are necessary to protect individual water
rights in the State. We applaud Chairman Simpson for his legislation
and support the passage of this bill.
I yield back the balance of my time.
Mr. BISHOP of Utah. Again, this is an issue that has been recognized
and is a solution that Mr. Simpson has presented, and I urge its
adoption.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Bishop) that the House suspend the rules and
pass the bill, H.R. 2050.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BISHOP of Utah. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
____________________