123STA T . 11 06PUBLIC LA W 111 – 11 —M A R .30 , 200 9(i)INGE NE RAL.—TheS e cr e ta r ys ha l l no t pu rsue a dj udication o f any F ederal instrea m flo w water ri g hts esta b lished under this paragraph if— (I) the Secretary determines , upon adjudica - tion of the water rights by the C olorado W ater Conser v ation B oard, that the Board holds water rights sufficient in priority, amount, and timing to fulfill the purposes of the Wilderness
and (II) the Secretary has entered into a perpetual agreement with the Colorado Water Conservation Board to ensure the full e x ercise, protection, and enforcement of the State water rights within the Wilderness to reliably fulfill the purposes of the Wilderness. (ii) ADJU D IC A T I O N.—If the Secretary determines that the provisions of clause (i) have not been met, the Secretary shall adjudicate and exercise any Federal water rights re q uired to fulfill the purposes of the Wilderness in accordance with this paragraph. (F) IN S U F FICIENT W ATER RIG H TS.—If the Colorado Water Conservation Board modifies the instream flow water rights obtained under subparagraph ( E )tosucha degree that the Secretary determines that water rights held by the State are insufficient to fulfill the purposes of the Wilderness, the Secretary shall adjudicate and exer- cise Federal water rights required to fulfill the purposes of the Wilderness in accordance with subparagraph (B). ( G ) FAILURE TO CO MP L Y .—The Secretary shall promptly act to exercise and enforce the water rights described in subparagraph (E) if the Secretary determines that— (i) the State is not exercising its water rights con- sistent with subparagraph (E)(i)(I); or (ii) the agreement described in subparagraph (E)(i)(II) is not fulfilled or complied with sufficiently to fulfill the purposes of the Wilderness. ( 3 ) WATER RESOURCE FACILITY.— (A) IN GENERAL.— N otwithstanding any other provision of law and subject to subparagraph (B), beginning on the date of enactment of this Act, neither the P resident nor any other officer, employee, or agent of the U nited States shall fund, assist, authori z e, or issue a license or permit for the development of any new irrigation and pumping facility, reservoir, water conservation wor k , aqueduct, canal, ditch, pipeline, well, hydropower project, trans- mission, other ancillary facility, or other water, diversion, storage, or carriage structure in the Wilderness. (B) E X CEPTION.—Notwithstanding subparagraph (A), the Secretary may allow construction of new livestock watering facilities within the Wilderness in accordance with— (i) section 4 (d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4)); and (ii) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the H ouse of R epresentatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101 – 405).
