GRAND RIVER DITCH AND COLORADO-BIG THOMPSON PROJECTS.

SEC. 1953. GRAND RIVER DITCH AND COLORADO-BIG THOMPSON PROJECTS.(a) Conditional Waiver of Strict Liability.—During any period in which the Water Supply and Storage Company (or any successor in interest to the company with respect to the Grand River Ditch) operates and maintains the portion of the Grand River Ditch in the Park in compliance with an operations and maintenance agreement between the Water Supply and Storage Company and the National Park Service, the provisions of paragraph (6) of the stipulation approved June 28, 1907—(1) shall be suspended; and(2) shall not be enforceable against the Company (or any successor in interest).(b) Agreement.—The agreement referred to in subsection (a) shall—(1) ensure that—(A) Park resources are managed in accordance with the laws generally applicable to the Park, including—(i) the Act of January 26, 1915 (16 U.S.C. 191 et seq.); and(ii) the National Park Service Organic Act (16 U.S.C. 1 et seq.);(B) Park land outside the right-of-way corridor remains unimpaired consistent with the National Park Service management policies in effect as of the date of enactment of this Act; and(C) any use of Park land outside the right-of-way corridor (as of the date of enactment of this Act) shall be permitted only on a temporary basis, subject to such terms and conditions as the Secretary determines to be necessary; and(2) include stipulations with respect to—(A) flow monitoring and early warning measures;(B) annual and periodic inspections;(C) an annual maintenance plan;(D) measures to identify on an annual basis capital improvement needs; and123 STAT. 1073(E) the development of plans to address the needs identified under subparagraph (D).(c) Limitation.—Nothing in this section limits or otherwise affects—(1) the liability of any individual or entity for damages to, loss of, or injury to any resource within the Park resulting from any cause or event that occurred before the date of enactment of this Act; or(2) Public Law 101–337 (16 U.S.C. 19jj et seq.), including the defenses available under that Act for damage caused—(A) solely by—(i) an act of God;(ii) an act of war; or(iii) an act or omission of a third party (other than an employee or agent); or(B) by an activity authorized by Federal or State law.(d) Colorado-Big Thompson Project and Windy Gap Project.—(1) In general.—Nothing in this subtitle, including the designation of the Wilderness, prohibits or affects current and future operation and maintenance activities in, under, or affecting the Wilderness that were allowed as of the date of enactment of this Act under the Act of January 26, 1915 (16 U.S.C. 191), relating to the Alva B. Adams Tunnel or other Colorado–Big Thompson Project facilities located within the Park.(2) Alva b. adams tunnel.—Nothing in this subtitle, including the designation of the Wilderness, prohibits or restricts the conveyance of water through the Alva B. Adams Tunnel for any purpose.(e) Right-of-Way.—Notwithstanding the Act of March 3, 1891 (43 U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C. 951), the right of way for the Grand River Ditch shall not be terminated, forfeited, or otherwise affected as a result of the water transported by the Grand River Ditch being used primarily for domestic purposes or any purpose of a public nature, unless the Secretary determines that the change in the main purpose or use adversely affects the Park.(f) New Reclamation Projects.—Nothing in the first section of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow development in the Wilderness of any reclamation project not in existence as of the date of enactment of this Act.(g) Clarification of Management Authority.—Nothing in this section reduces or limits the authority of the Secretary to manage land and resources within the Park under applicable law.