Page:United States Statutes at Large Volume 120.djvu/3065

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[120 STAT. 3034]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 3034]

120 STAT. 3034

PUBLIC LAW 109–432—DEC. 20, 2006 (i) in the semiarid region of the Great Basin; and (ii) at the headwaters of the streams and rivers on land with respect to which there are few if any— (I) actual or proposed water resource facilities located upstream; and (II) opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; (B) the land designated as wilderness by this subtitle is generally not suitable for use or development of new water resource facilities; and (C) because of the unique nature of the land designated as wilderness by this subtitle, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws. (2) PURPOSE.—The purpose of this section is to protect the wilderness values of the land designated as wilderness by this subtitle by means other than a federally reserved water right. (3) STATUTORY CONSTRUCTION.—Nothing in this subtitle— (A) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to a wilderness designated by this subtitle; (B) shall affect any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (C) shall be construed as establishing a precedent with regard to any future wilderness designations; (D) shall affect the interpretation of, or any designation made pursuant to, any other Act; or (E) shall be construed as limiting, altering, modifying, or amending any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (4) NEVADA WATER LAW.—The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness areas designated by this subtitle. (5) NEW PROJECTS.— (A) DEFINITION OF WATER RESOURCE FACILITY.—In this paragraph, the term ‘‘water resource facility’’— (i) means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures; and (ii) does not include wildlife guzzlers. (B) RESTRICTION ON NEW WATER RESOURCE FACILITIES.—Except as otherwise provided in this title, on or after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource

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