Page:United States Statutes at Large Volume 100 Part 4.djvu/595

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-590—OCT. 30, 1986

100 STAT. 3331

SEC. 102. Inclusion of the designated portions of the Cache la Water. 16 u Poudre River and the Wild and Scenic Rivers System under section note.s e 1274 101 of this title shall not interfere with the exercise of existing decreed water rights to water which has heretofore been stored or diverted by means of the present capacity of storage, conveyance, or diversion structures that exist as of the date of enactment of this title, or operation and maintenance of such structures. Nor shall Energy. inclusion of the designated portions of the Cache la Poudre River in the Wild and Scenic Rivers System be utilized in any Federal proceeding, whether concerning a license, permit, right-of-way, or other Federal action, as a reason or basis to prohibit the development or operation of any water impoundments, diversion facilities, and hydroelectric power and transmission facilities below Poudre Park located entirely downstream from and potentially affecting designated portions of the Cache la Poudre River, or relocation of highway 14 to any point east of the north-south half section line of section 2, township 8 north, range 71 west of the sixth principal meridian, as necessary to provide access to Poudre Park around such facilities: Provided, That due consideration shall be given to reasonable measures for minimizing the impact of such facilities and road relocation on the designated segments. Congress finds that Energy. development of water impoundments, diversion facilities, and hydroelectric power and transmission facilities located entirely downstream from the designated portions of the Cache la Poudre River below Poudre Park, in accordance with the provisions of this section, is not incompatible with the designation of portions of the Cache la Poudre River in the Wild and Scenic Rivers System under section 101 of this title. The reservation of water established by the inclusion of portions of the Cache la Poudre River in the Wild and Scenic "•'• Rivers System shall be subject to the provisions of this title, shall be adjudicated in Colorado Water Court, and shall have a priority date as of the date of enactment of this title. SEC. 103. (a) GRANTS AND ASSISTANCE.—-The Secretary of Agri,,,^, culture, acting through the Chief of the Forest Service, shall provide * grants and technical assistance to the city of Fort Collins, Colorado, to carry out a study regarding the designation of the following area as a national recreation area: the 18.5-mile segment of the Cache la Poudre River Corridor from the northwest boundary of the city of Fort Collins urban growth area to the Weld-Larimer County line. Qo) STUDY.—The study under this section shall include each of the ,,j,. following: . (A) a comprehensive evaluation of the public recreation opportunities and flood plain management options which are available with respect to the river corridor involved; {,.; • (B) an evaluation of the natural, historical, and recreational values of such corridor; (C) patterns for possible land acquisition within the corridor ? which are deemed necessary for the purpose of resource protection, scenic and integrity, or msmagement and administration of the corridor area; (D) cooperative management proposals for the administration of the corridor area; (E) the number of visitors and t3rpes of public use within the corridor area that can be accommodated in accordance with the full protection of its resources; and