[Congressional Record Volume 159, Number 113 (Thursday, August 1, 2013)]
[Senate]
[Pages S6218-S6219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. RISCH (for himself and Mr. Crapo):
  S. 1430. A bill 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; to the Committee on Energy 
and Natural Resources.
  Mr. RISCH. Mr. President, I rise today to introduce a bill called the 
Idaho Wilderness Water Facilities Act. This bill is identical to the 
House version, H.R. 876, which was introduced and carried through the 
House by my colleague from Idaho, Representative Mike Simpson, who did 
yeoman's work on pursuing this and putting it together and shepherding 
it through. It passed unanimously in the House. I thank him on behalf 
of all Idahoans for his work on this issue.

[[Page S6219]]

  The need for this legislation is simple. The Frank Church River of No 
Return Wilderness, which was designated by Congress in 1980, abuts the 
Selway-Bitterroot Wilderness area, which was designated by Congress in 
1964. These areas contain some of the largest and most rugged remote 
tracts of land in the lower 48 States. It is magnificent in its 
beauty--substantially better, in my opinion, than the Alps.
  There are a number of water diversions within the Idaho wilderness 
areas that have existed since the time of this legislation--since the 
time these wilderness areas were established. Although the diversions 
continue to exist, the owners currently lack authority to maintain and 
repair the facilities.
  Predating the existence of these two wilderness areas, private 
landowners had received permits to maintain and repair water diversions 
that existed on National Forest System lands. The water is used for a 
combination of many things, including, but not limited to, drinking 
water for private cabins and ranches and also for generating 
electricity in some places on a very small scale. Many of the permits 
have since expired, leaving those who own the water diversions without 
any options for mechanically maintaining their water systems. In some 
cases, this lack of management threatens the environment and the 
watersheds in which they exist.
  The Idaho Wilderness Water Facilities Act will give the Secretary of 
Agriculture the authority to reissue and issue special use 
authorizations to the owners of these diversion facilities within the 
Frank Church and the Selway Wilderness areas for the continued 
maintenance of their water facilities. The permits would only be issued 
if the owner could prove the facility existed prior to those lands 
being designated as wilderness, the facility has been used to deliver 
water to the owner's land since the designation, and the owner had a 
valid water right and it would not be practical to move the facility 
outside of the wilderness area. Undoubtedly, in exercising the 
discretion, the Secretary would ensure that in no way would it 
denigrate these wilderness areas. There are several different 
individuals or businesses that have water diversions in these 
wilderness areas that meet the description I have given.
  Earlier this week the Senate Committee on Energy and Natural 
Resources held a hearing on H.R. 876. The U.S. Forest Service appeared 
at that hearing and testified in support of this bill. I look forward 
to working with Chairman Wyden and Ranking Member Murkowski to pass 
this bill quickly so as to allow for the maintenance of this water 
infrastructure.
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