,,ib  ,union ,calendar ,no4 #eb  #aacth 
,,congress  #ast ,session  ,h4 ,r4 #hgf 
,report ,no4 #aac-gf  ,,in ,,the ,,house
 ,,of ,,representatives  ,february #bg1 
#bjac ,mr4 ,simpson introduced the      
following bill2 which was referred to   
the ,committee on ,natural ,resources   
,may #ag1 #bjac ,committed to the       
,committee of the ,whole ,house on the  
,state of the ,union and ordered to be  
printed  ,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 ,idaho1 and
 for other purposes4  #a4 ,short title  
,this ,act may be cited as the ,idaho   
,wilderness ,water ,resources           
,protection ,act4  #b4 ,treatment of    
existing water diversions in ,frank     
,church-,river of ,no ,return           
,wilderness and ,selway-,bitterroot     
,wilderness1 ,idaho  7a7 ,authorization 

for continued use ,the ,secretary of    
,agriculture shall issue a special use  
authorization to the owners of a water  
storage1 transport1 or diversion        
facility 7in this section referred to as
 a facility7 located on ,national       
,forest ,system land in the ,frank      
,church-,river of ,no ,return           
,wilderness and the ,selway-,bitterroot 
,wilderness for the continued operation1
 maintenance1 and reconstruction of the 
facility if the ,secretary determines   
that--  7#a7 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 7in   
this section referred to as the date of 
designation72  7#b7 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 designation2  7#c7 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   
law1 with a priority date that predates 
the date of designation2 and  7#d7 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 law4  7b7 ,terms
 and conditions  7#a7 ,required terms   
and conditions ,in a special use        
authorization issued under subsection   
7a71 the ,secretary shall--  7,a7 allow 
use of motorized equipment and          
mechanized transport for operation1     
maintenance1 or reconstruction of a     
facility1 if the ,secretary determines  
that--  7i7 the use is necessary to     
allow the facility to continue delivery 
of water to the non-,federal land for   
the beneficial uses recognized by the   
water right held under ,idaho ,state    
law2 and  7ii7 the use of nonmotorized  
equipment and nonmechanized transport is
 impracticable or infeasible2 and  7,b7 
preclude use of the facility for the    

storage1 diversion1 or transport of     
water in excess of the water right      
recognized by the ,state of ,idaho on   
the date of designation4  7#b7          
,discretionary terms and conditions ,in 
a special use authorization issued under
 subsection 7a71 the ,secretary may--   
7,a7 require or allow modification or   
relocation of the facility in the       
wilderness1 as the ,secretary determines
 necessary1 to reduce impacts to        
wilderness values set forth in section  
#b of the ,wilderness ,act 7#af         
,u4,s4,c4 #aaca7 if the beneficial use  
of water on the non-,federal land is not
 diminished2 and  7,b7 require that the 
owner provide a reciprocal right of     
access across the non-,federal property1
 in which case1 the owner shall receive 
market value for any right-of-way or    
other interest in real property conveyed
 to the ,united ,states1 and market     
value may be paid by the ,secretary1 in 
whole or in part1 by the grant of a     
reciprocal right-of-way1 or by reduction

 of fees or other costs that may accrue 
to the owner to obtain the authorization
 for water facilities4  ,may #ag1 #bjac 
,committed to the ,committee of the     
,whole ,house on the ,state of the      
,union and ordered to be printed