[United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


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. <>

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

[[Page 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:
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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.