The Wild and Scenic The Wild and Scenic Rivers ActRivers Act

The Wild and Scenic Rivers Act

Post war era: more time and money, bigger families, better transportation, hi-tech recreation equipment, concern with river development

Recommended by the Outdoor Recreation Resources Review Commission to protect some free flowing rivers

Sponsored by Senator Frank Church (D-Idaho) and Signed by LBJ on October 2, 1968

2008 Status of the Wild and Scenic Rivers Act - 40th

Anniversary NWSRS had 11K miles on 166 rivers in 38 states (0.25% of nations rivers)

In comparison , 75K dams have modified 600K river miles (17% of nations rivers)

76 miles of Cache La Poudre, only Colorado River

Wild & Scenic Rivers Act

Section 5(d)(1) of the act requires federal agencies undertaking land management planning to assess rivers and streams for potential inclusion in to the NWSRS

Wild & Scenic River Identification and Evaluation Process

1. River (Segment) Identification

2. Boundary Identification3. Eligibility4. Classification5. Suitability6. Designation

Wild & Scenic River Review Process

River Segment Identification

Consider: - presence of dams - development - changes in river character- tributaries- changes in land status

Wild & Scenic River Review Process

Boundary Identification (river study area)

Preliminary boundary is a quarter mile buffer along both sides of river from ordinary high water mark.

Buffer width can vary as needed to protect river values (ORVs), but cannot average more than 320 acres per river mile.

Wild & Scenic River Review Process

Eligibility:

To be eligible, a stream segment must be “free flowing” and have at least one “Outstandingly Remarkable Value” (ORV).

Wild & Scenic River Review Process

Eligibility

“free-flowing” is any size creek or stream, of any length that has intermittent, interrupted, or a perennial flow regime.

Wild & Scenic River Review Process

Eligibility“Free Flowing” does not mean a natural or unaltered flow regime.

Major impoundments above or belowsegment does not render it ineligible

Wild & Scenic River Review Process:

Eligibility Attributes of a “free-flowing” river reach: A stream corridor in substantially natural

condition Few impoundments Few diversions No straightening No major rip-rapping No channel modifications such as

channelization

Wild & Scenic River Process

EligibilityOutstandingly Remarkable Values

(ORVs) Scenic Fish habitat Recreation Wildlife habitat Geologic/Hydrologic Historic Cultural Ecological other

Wild & Scenic River Review Process

Eligibility Attributes of (ORVs): Rare, extraordinary, or unique A superior example of a widespread

value Outstanding in a statewide,

regional, or national context (Region of Comparison)

Stream-related Based on the expertise of

professionals

Wild and Scenic River Process

Tentative Classification A Wild river is free of impoundments,

with shorelines or watersheds essentially primitive, and with unpolluted waters.

A Scenic river may have some development, and may have road and railroad access points.

A Recreational river may have more extensive development along its shoreline, including transportation routes, and may have undergone some impoundment or diversion.

Wild & Scenic River Process:

Suitability DeterminationSuitability – assesses the manageability of a river segment. Ownership and land uses? Conflicts with river manageability? Costs of management? Other agency support? Other means for protection? Affects to existing rights? Holistic protection strategy? Other issues?

Wild & Scenic River Process

Suitability Determination

Suitability recommendations are developed by the BLM using input from stakeholders during the alternatives formulation process of the resource management plan.

Wild & Scenic River Process:

Designation Only Congress or the Secretary

of Interior can designate a Wild and Scenic River!

The managing agencies, with public input, develop a management plan to protect and enhance the ORVs

Wild & Scenic River Process:

Water Rights Designation has historically included

a federal reserved water right. The managing agency quantifies the

amount and timing of water necessary to support ORVs.

The water rights are adjudicated in state court.

The federal water right receives a priority equal to the date of designation.

http://www.rivers.gov/

For More Information on the Wild and Scenic Rivers Act see: