new business was at lifestyle to your time on what the newest residential property on what brand new business can be found is actually appointed as a key part of National Wilderness Conservation Program (inside subsection called the brand new date of designation );
brand new business has been doing substantially continued use to deliver water to the beneficial play with on the low-Federal residential property of your own owner as day of designation;
When you look at the another fool around with authorization issued less than paragraph (1), the brand new Secretary ent and you can mechanized transport having process, restoration, otherwise repair of your electric distribution line, when your Secretary identifies your entry to nonmotorized gadgets and nonmechanized transportation is actually impracticable otherwise infeasible
the master of the business retains a legitimate liquids suitable for utilization of the water for the non-Government residential property of your own owner below State legislation, that have a priority date one to predates new day of designation; and
that isn’t practicable or feasible so you’re able to relocate new facility to help you property outside of the desert and you can remain new of good use usage of water to your low-Federal home accepted not as much as State law.
S.C
enable it to be use of motorized devices and you will mechanical transportation for operation, repairs, or reconstruction of a studio, in the event your Assistant establishes you to definitely-
the employment ‘s the minimal had a need to allow the business so you can continue beginning of liquid to the low-Federal homes to your of good use spends identified by the water right held significantly less than County law; and
preclude utilization of the facility to the diversion otherwise transportation from liquids over the water proper recognized by the official toward day regarding designation.
Into the a unique fool around with authorization awarded significantly less than part (1), the brand new Secretary might need or succeed amendment otherwise relocation of the facility regarding the desert, since Assistant find called for, to reduce influences in order to wilderness values established into the section 2 of one’s Desert Act ( 16 U. 1131 ) if the beneficial entry to liquids into low-Federal belongings isn’t reduced.
Brand new Secretary out of Farming could possibly get material a special play with authorization so you’re able to the owners of your established electric distribution range to your Plowshare Peak communications website (in this subsection called a facility ) located on National Forest Program land in the new San Rafael Wasteland Improvements in the Moon Canyon device (T. 11 N., Roentgen. 30 W., secs. 2, step 3 and you may cuatro) towards the continued operation, repairs, and repair of one’s studio in the event your Assistant identifies one-
this new business was in life towards the time on what the new residential property on which the latest facility is positioned are appointed as part of your Federal Wilderness Preservation System (contained in this subsection called the fresh new big date of designation );
Within the yet another have fun with consent granted under section (1), this new Secretary may require or ensure it is amendment otherwise moving of the studio regarding the wilderness, while the Secretary identifies expected, to minimize affects to help you desert philosophy established into the section 2 of your Wasteland Work ( 16 You. 1131 ).
1131 et seq.) and you may subject to terms and conditions as the Secretary get prescribe, the latest Assistant may authorize installing the device and you may repair of hydrologic, meteorologic, otherwise climatological collection gadgets regarding desert elements in the event your Secretary identifies your business and you will use of the fresh new establishment are very important in order to flooding warning, flooding handle, otherwise h2o tank procedure affairs.
Part 3(a) of one’s Crazy and you can Scenic Canals Act ( 16 U. 1274(a) ) is actually revised with the addition of at the end the second:
The nine.5-mile phase away from Indian Creek from the source in sec. 19, T. 7 Letter., Roentgen. 26 W., for the Manhood Smith Desert border, since a crazy river.