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The Wild and Scenic Rivers Act

The Wild and Scenic Rivers 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

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The Wild and Scenic Rivers Act

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  1. The Wild and Scenic Rivers Act

  2. 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

  3. 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

  4. 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

  5. Wild & Scenic River Identification and Evaluation Process • River (Segment) Identification • Boundary Identification • Eligibility • Classification • Suitability • Designation

  6. Wild & Scenic River Review Process River Segment Identification Consider: - presence of dams - development - changes in river character - tributaries - changes in land status

  7. 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.

  8. 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).

  9. 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.

  10. Wild & Scenic River Review Process Eligibility • “Free Flowing” does not mean a natural • or unaltered flow regime. • Major impoundments above or below • segment does not render it ineligible

  11. 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

  12. Wild & Scenic River Process Eligibility Outstandingly Remarkable Values (ORVs) • Scenic • Fish habitat • Recreation • Wildlife habitat • Geologic/Hydrologic • Historic • Cultural • Ecological • other

  13. Wild & Scenic River Review ProcessEligibility 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

  14. 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 Recreationalriver may have more extensive development along its shoreline, including transportation routes, and may have undergone some impoundment or diversion.

  15. Wild & Scenic River Process: Suitability Determination Suitability – 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?

  16. Wild & Scenic River ProcessSuitability Determination Suitability recommendations are developed by the BLM using input from stakeholders during the alternatives formulation process of the resource management plan.

  17. 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

  18. 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.

  19. http://www.rivers.gov/ For More Information on the Wild and Scenic Rivers Act see:

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