16 USC 410 - Water rights

Collapse to view only § 410fff-8. Water rights

§ 410fff. Findings
§ 410fff-1. Definitions
§ 410fff-2. Establishment of Black Canyon of the Gunnison National Park
§ 410fff-3. Acquisition of property and minor boundary adjustments
§ 410fff-4. Expansion of the Black Canyon of the Gunnison Wilderness
§ 410fff-5. Establishment of the Gunnison Gorge National Conservation Area
§ 410fff-6. Designation of wilderness within the Conservation Area
§ 410fff-7. Withdrawal
§ 410fff-8. Water rights
§ 410fff-9. Study of lands within and adjacent to Curecanti National Recreation Area
§ 410fff-10. Authorization of appropriations

§ 410fff. Findings

Congress finds that—

(1) Black Canyon of the Gunnison National Monument was established for the preservation of its spectacular gorges and additional features of scenic, scientific, and educational interest;

(2) the Black Canyon of the Gunnison and adjacent upland include a variety of unique ecological, geological, scenic, historical, and wildlife components enhanced by the serenity and rural western setting of the area;

(3) the Black Canyon of the Gunnison and adjacent land provide extensive opportunities for educational and recreational activities, and are publicly used for hiking, camping, and fishing, and for wilderness value, including solitude;

(4) adjacent public land downstream of the Black Canyon of the Gunnison National Monument has wilderness value and offers unique geological, paleontological, scientific, educational, and recreational resources;

(5) public land adjacent to the Black Canyon of the Gunnison National Monument contributes to the protection of the wildlife, viewshed, and scenic qualities of the Black Canyon;

(6) some private land adjacent to the Black Canyon of the Gunnison National Monument has exceptional natural and scenic value that would be threatened by future development pressures;

(7) the benefits of designating public and private land surrounding the national monument as a national park include greater long-term protection of the resources and expanded visitor use opportunities; and

(8)

(A) recognized for offering exceptional multiple use opportunities;

(B) recognized for offering natural, cultural, scenic, wilderness, and recreational resources; and

(C) worthy of additional protection as a national conservation area, and with respect to the Gunnison Gorge itself, as a component of the national wilderness system.

(Pub. L. 106–76, § 2, Oct. 21, 1999, 113 Stat. 1126.)

§ 410fff–1. Definitions

In this subchapter:

(1) Conservation Area

(2) Map

(3) Park

(4) Secretary

(Pub. L. 106–76, § 3, Oct. 21, 1999, 113 Stat. 1127.)

§ 410fff–2. Establishment of Black Canyon of the Gunnison National Park

(a) Establishment

(1) There is hereby established the Black Canyon of the Gunnison National Park in the State of Colorado as generally depicted on the map identified in section 410fff–1 of this title. The Black Canyon of the Gunnison National Monument is hereby abolished as such, the lands and interests therein are incorporated within and made part of the new Black Canyon of the Gunnison National Park, and any funds available for purposes of the monument shall be available for purposes of the park.1

1 So in original. The word “park” probably should be capitalized.

(2) The boundary of the Park is revised to include the addition of approximately 2,530 acres, as generally depicted on the map entitled “Black Canyon of the Gunnison National Park and Gunnison Gorge NCA Boundary Modifications” and dated April 2, 2003.

(b) Administration

(d) Withdrawal

(e) Grazing

(1)

(A) Consistent with the requirements of this subsection, including the limitation in paragraph (3), the Secretary shall allow the grazing of livestock within the park 1 to continue where authorized under permits or leases in existence as of October 21, 1999. Grazing shall be at no more than the current level, and subject to applicable laws and National Park Service regulations.

(B) Nothing in this subsection shall be construed as extending grazing privileges for any party or their assignee in any area of the park 1 where, prior to October 21, 1999, such use was scheduled to expire according to the terms of a settlement by the United States Claims Court affecting property incorporated into the boundary of the Black Canyon of the Gunnison National Monument.

(C) Nothing in this subsection shall prohibit the Secretary from accepting the voluntary termination of leases or permits for grazing within the park.1

(D) If land within the Park on which the grazing of livestock is authorized under permits or leases under subparagraph (A) is exchanged for private land under section 410fff–3(a) of this title, the Secretary shall transfer any grazing privileges to the land acquired in the exchange.

(2) Within areas of the park 1 designated as wilderness, the grazing of livestock, where authorized under permits in existence as of October 21, 1999, shall be permitted to continue subject to such reasonable regulations, policies, and practices as the Secretary deems necessary, consistent with this subchapter, the Wilderness Act [16 U.S.C. 1131 et seq.], and other applicable laws and National Park Service regulations.

(3) With respect to the grazing permits and leases referenced in this subsection, the Secretary shall allow grazing to continue, subject to periodic renewal—

(A) with respect to a permit or lease issued to an individual, for the lifetime of the individual who was the holder of the permit or lease on October 21, 1999;

(B) with respect to the permit or lease issued to LeValley Ranch Ltd., for the lifetime of the last surviving limited partner as of October 21, 1999;

(C) with respect to the permit or lease issued to Sanburg Herefords, L.L.P., for the lifetime of the last surviving general partner as of October 21, 1999; and

(D) with respect to a permit or lease issued to a corporation or other legal entity, for a period which shall terminate on the same date that the last permit or lease held under subparagraphs (A), (B), or (C) terminates, unless the corporation or legal entity dissolves or terminates before such time, in which case the permit or lease shall terminate with the corporation or legal entity.

(Pub. L. 106–76, § 4, Oct. 21, 1999, 113 Stat. 1127; Pub. L. 108–128, §§ 2(a), 4, Nov. 17, 2003, 117 Stat. 1355, 1356.)

§ 410fff–3. Acquisition of property and minor boundary adjustments

(a) Additional acquisitions

(1) In general

(2) Method of acquisition

(A) In general

Land or interests in land may be acquired by—

(i) donation;

(ii) transfer;

(iii) purchase with donated or appropriated funds; or

(iv) exchange.

(B) Consent

(b) Boundary revision

After acquiring land for the Park, the Secretary shall—

(1) revise the boundary of the Park to include newly-acquired land within the boundary; and

(2) administer newly-acquired land subject to applicable laws (including regulations).

(d) Hunting on privately owned lands

(1) In general

(2) Termination of authority

(Pub. L. 106–76, § 5, Oct. 21, 1999, 113 Stat. 1128; Pub. L. 108–128, § 2(c), Nov. 17, 2003, 117 Stat. 1355.)

§ 410fff–4. Expansion of the Black Canyon of the Gunnison Wilderness

(a) Expansion of Black Canyon of the Gunnison Wilderness

(b) Administration

(Pub. L. 106–76, § 6, Oct. 21, 1999, 113 Stat. 1129.)

§ 410fff–5. Establishment of the Gunnison Gorge National Conservation Area

(a) In general

(1) There is established the Gunnison Gorge National Conservation Area, consisting of approximately 57,725 acres as generally depicted on the Map.

(2) The boundary of the Conservation Area is revised to include the addition of approximately 7,100 acres, as generally depicted on the map entitled “Black Canyon of the Gunnison National Park and Gunnison Gorge NCA Boundary Modifications”, and dated April 2, 2003.

(b) Management of Conservation AreaThe Secretary, acting through the Director of the Bureau of Land Management, shall manage the Conservation Area to protect the resources of the Conservation Area in accordance with—

(1) this subchapter;

(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(3) other applicable provisions of law.

(d) Hunting, trapping, and fishing

(1) In general

(2) ExceptionThe Secretary, after consultation with the Colorado Division of Wildlife, may issue regulations designating zones where and establishing periods when no hunting or trapping shall be permitted for reasons concerning—

(A) public safety;

(B) administration; or

(e) Use of motorized vehicles

(f) Conservation Area management plan

(1) In generalNot later than 4 years after October 21, 1999, the Secretary shall—

(A) develop a comprehensive plan for the long-range protection and management of the Conservation Area; and

(B) transmit the plan to—

(i) the Committee on Energy and Natural Resources of the Senate; and

(ii) the Committee on Resources of the House of Representatives.

(2) Contents of planThe plan—

(A) shall describe the appropriate uses and management of the Conservation Area in accordance with this subchapter;

(B) may incorporate appropriate decisions contained in any management or activity plan for the area completed prior to October 21, 1999;

(C) may incorporate appropriate wildlife habitat management plans or other plans prepared for the land within or adjacent to the Conservation Area prior to October 21, 1999;

(D) shall be prepared in close consultation with appropriate Federal, State, county, and local agencies; and

(E) may use information developed prior to October 21, 1999, in studies of the land within or adjacent to the Conservation Area.

(g) Boundary revisions

(Pub. L. 106–76, § 7, Oct. 21, 1999, 113 Stat. 1129; Pub. L. 108–128, § 3, Nov. 17, 2003, 117 Stat. 1356.)

§ 410fff–6. Designation of wilderness within the Conservation Area

(a) Gunnison Gorge Wilderness

(1) In general

(2) Administration

(A) Wilderness study area exemption

(B) Incorporation into national Conservation Area

(b) Administration

(d) Maps and legal descriptions

(Pub. L. 106–76, § 8, Oct. 21, 1999, 113 Stat. 1130.)

§ 410fff–7. Withdrawal

Subject to valid existing rights, the Federal lands identified on the Map as “BLM Withdrawal (Tract B)” (comprising approximately 1,154 acres) are hereby withdrawn from all forms of entry, appropriation or disposal under the public land laws; from location, entry, and patent under the mining laws; and from disposition under all laws relating to mineral and geothermal leasing, and all amendments thereto.

(Pub. L. 106–76, § 9, Oct. 21, 1999, 113 Stat. 1131.)

§ 410fff–8. Water rights

(a) Effect on water rights

Nothing in this subchapter shall—

(1) constitute an express or implied reservation of water for any purpose; or

(2) affect any water rights in existence prior to October 21, 1999, including any water rights held by the United States.

(b) Additional water rights

(Pub. L. 106–76, § 10, Oct. 21, 1999, 113 Stat. 1131.)

§ 410fff–9. Study of lands within and adjacent to Curecanti National Recreation Area

(a) In general

(b) Purpose of study

The study required to be completed under subsection (a) shall—

(1) assess the natural, cultural, recreational and scenic resource value and character of the land within and surrounding the Curecanti National Recreation Area (including open vistas, wildlife habitat, and other public benefits);

(2) identify practicable alternatives that protect the resource value and character of the land within and surrounding the Curecanti National Recreation Area;

(3) recommend a variety of economically feasible and viable tools to achieve the purposes described in paragraphs (1) and (2); and

(4) estimate the costs of implementing the approaches recommended by the study.

Not later than 3 years from October 21, 1999, the Secretary shall submit a report to Congress that—

(1) contains the findings of the study required by subsection (a);

(2) makes recommendations to Congress with respect to the findings of the study required by subsection (a); and

(3) makes recommendations to Congress regarding action that may be taken with respect to the land described in the report.

(d) Acquisition of additional land and interests in land

(1) In general

(2) Method of acquisition

(A) In general

Land or an interest in land under paragraph (1) may be acquired by—

(i) donation;

(ii) purchase with donated or appropriated funds; or

(iii) exchange.

(B) Consent

Following the acquisition of land under paragraph (1), the Secretary shall—

(i) revise the boundary of the Curecanti National Recreation Area to include newly-acquired land; and

(ii) administer newly-acquired land according to applicable laws (including regulations).

(Pub. L. 106–76, § 11, Oct. 21, 1999, 113 Stat. 1131.)

§ 410fff–10. Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subchapter.

(Pub. L. 106–76, § 12, Oct. 21, 1999, 113 Stat. 1133.)