Reauthorization of existing water facilities in Pleasant View Ridge Wilderness
Title IV — Miscellaneous
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(a) Authorization for continued use The Secretary of Agriculture may issue a special use authorization to the owners of a water transport or diversion facility (referred to in this section as a facility) located on National Forest System land in the Pleasant View Ridge Wilderness designated by section 1802(8) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111–11; 123 Stat. 1054) for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that— (1) the facility was in existence on the date on which the land on which the facility is located was designated as part of the National Wilderness Preservation System (referred to in this section as the date of designation); (2) the facility has been in substantially continuous use to deliver water for the beneficial use on the non-Federal land of the owner since the date of designation; (3) the owner of the facility holds a valid water right for use of the water on the non-Federal land of the owner under State law, with a priority date that predates the date of designation; and (4) it is not practicable or feasible to relocate the facility to land outside of the Pleasant View Ridge Wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (b) Terms and conditions A special use authorization issued under this section shall be subject to such terms and conditions as the Secretary determines appropriate to protect wilderness resources and values.