new business was in existence for the day about what the newest residential property on what new studio is situated try appointed as a key part of your Federal Wasteland Preservation System (in this subsection described as new go out away from designation );
the fresh new business has been doing significantly proceeded use to deliver water into the of good use play with toward low-Federal tsdating property of your holder as the date away from designation;
For the a special have fun with agreement approved below section (1), brand new Secretary ent and you may mechanical transportation getting process, repairs, or reconstruction of the electrical shipping range, if the Secretary establishes that use of nonmotorized products and you can nonmechanized transportation was impracticable or infeasible
the owner of this new studio keeps a legitimate water right for utilization of the h2o toward low-Government land of holder around County legislation, with a top priority day one predates new time away from designation; and you may
this is not practicable otherwise feasible in order to relocate the business so you can property beyond your wilderness and keep the fresh useful the means to access h2o towards non-Federal belongings recognized less than Condition laws.
S.C
succeed usage of motorized devices and you can technical transport to possess procedure, repair, otherwise repair away from a business, should your Assistant establishes one-
use is the lowest needed to let the business to help you continue beginning from liquid towards the non-Government homes on of good use uses identified by the water best stored around Condition legislation; and
preclude utilization of the studio toward diversion or transportation from drinking water more than the water proper acquiesced by the official for the time off designation.
In the a special explore agreement approved under part (1), the fresh new Assistant might require or make it modification or relocation of the business from the wilderness, as the Secretary decides required, to minimize has an effect on so you’re able to wilderness philosophy set forth in the area dos of the Desert Work ( 16 You. 1131 ) whether your useful access to liquid on non-Government property isn’t diminished.
The fresh new Assistant out of Farming can get topic a special have fun with agreement in order to the owners of existing electrical shipping line towards Plowshare Peak communication website (within subsection named a studio ) situated on National Tree Program result in the fresh San Rafael Wasteland Improvements in the Moonlight Canyon device (T. eleven Letter., R. 31 W., secs. dos, step 3 and you may 4) to the continued operation, repair, and you can repair of one’s facility in case the Secretary determines one to-
the brand new business was at lifetime towards big date on which the newest property about what the brand new studio is situated was appointed as an ingredient of National Desert Maintenance Program (inside subsection named this new go out of designation );
Within the a new play with consent approved lower than paragraph (1), the brand new Assistant need otherwise create amendment or moving of the facility on the desert, because the Assistant determines necessary, to attenuate influences so you can desert values set forth during the point dos of Desert Operate ( 16 U. 1131 ).
1131 et seq.) and you can at the mercy of fine print because the Secretary can get suggest, the Secretary get authorize installing the device and restoration of hydrologic, meteorologic, or climatological range equipment regarding desert elements in the event the Secretary identifies that organization and entry to the brand new organization are essential in order to flood caution, flooding manage, or liquid reservoir procedure activities.
Section 3(a) of one’s Crazy and Beautiful Rivers Operate ( 16 U. 1274(a) ) was revised by the addition of in the bottom another:
New 9.5-kilometer portion from Indian Creek from its resource from inside the sec. 19, T. seven Letter., R. twenty six W., into Cock Smith Desert line, given that a wild river.