brand new business was in existence to your go out on which the newest residential property about what the new facility is positioned is appointed as a key part of the National Desert Preservation Program (within subsection named the newest time out of designation );
the fresh facility has been doing considerably continuing use to submit liquids to the of good use have fun with on the non-Government homes of your owner as the go out out of designation;
Within the a new use consent given lower than section (1), new Assistant ent and you will mechanized transportation getting operation, repair, otherwise repair of one’s electrical delivery range, in case the Secretary find that usage of nonmotorized devices and you will nonmechanized transport try impracticable or infeasible
who owns new business keeps a valid liquids suitable for use of the liquids into the non-Federal homes of owner under State rules, that have important big date one predates the fresh new day away from designation; and you can
this isn’t practicable or possible so you’re able to move in the brand new studio so you’re able to belongings away from desert and you can keep this new of good use accessibility drinking water into low-Government home approved under State law.
allow entry to motorized equipment and you may mechanical transportation to possess procedure, repairs, otherwise reconstruction away from a facility, if your Assistant determines one-
the employment is the minimum needed to allow the business in order to remain birth regarding drinking water toward low-Government residential property towards the of good use uses acknowledged by the water right kept less than County rules; and you can
preclude utilization of the business with the diversion otherwise transport of liquid more than water best acquiesced by the official for the day regarding designation.
When you look at the a different sort of use consent granted not as much as paragraph (1), the fresh new Secretary might need or create modification or moving of one’s business regarding the desert, because the Secretary find required, to reduce affects to desert thinking set forth when you look at the part dos of Wasteland Act ( 16 You. 1131 ) in case the useful usage of h2o to the low-Federal house is not decreased.
The fresh Assistant off Agriculture get point another fool around with agreement to the owners of your own established electronic shipments line to the Plowshare Level telecommunications site (in this subsection described as a business ) found on National Tree Program end in the newest San Rafael Wilderness Enhancements on the Moonlight Canyon device (T. 11 Letter., R. 29 W., secs. 2, hoe ourtime-account te verwijderen step three and you may 4) toward went on procedure, repair, and you will repair of one’s business in the event your Secretary decides one to-
brand new studio was in lifetime on day on what the brand new belongings on which the fresh business is located are appointed as part of your National Wilderness Preservation System (in this subsection called the newest big date off designation );
In the a different explore consent awarded not as much as paragraph (1), brand new Secretary might need or make it modification otherwise moving of the facility from the wilderness, because the Secretary find called for, to minimize has an effect on so you’re able to wasteland philosophy set forth into the point dos of the Desert Act ( sixteen You. 1131 ).
1131 mais aussi seq.) and you can at the mercy of fine print as the Secretary could possibly get suggest, brand new Secretary can get approve installing the device and you will repair of hydrologic, meteorologic, otherwise climatological range gizmos from the wasteland parts when your Secretary decides that business and you may usage of this new institution are very important in order to flood warning, flood handle, or liquids reservoir operation facts.
Part 3(a) of one’s Wild and you may Scenic Streams Work ( sixteen You. 1274(a) ) was revised by adding at the end next:
The latest 9.5-kilometer sector regarding Indian Creek from its supply into the sec. 19, T. eight Letter., Roentgen. twenty six W., to the Dick Smith Wasteland boundary, since the a wild lake.