Below are some of the most frequently asked questions (FAQs) regarding Wild and Scenic designation. Have a questions that’s not on this list? Let us know! We encourage you to also review our Protection page.
Why did Congress pass the Wild and Scenic Rivers Act?
Congress passed the Wild and Scenic Rivers Act at the height of the modern dam-building era in order to ensure that the construction of new dams is balanced with the protection of select freeflowing rivers that possess nationally significant values.
As of March 2019, the National System protects 13,413 miles of 226 rivers in 41 states and the Commonwealth of Puerto Rico; this is less than one half of one percent of the nation’s rivers. By comparison, more than 75,000 large dams across the country have modified at least 600,000 miles, or about 17% (possibly more than 20% – figures are best estimates), of American rivers.
What is the benefit of a wild and scenic river designation?
Benefits may include, but are not limited to, protection of the river in its free-flowing condition and protection and enhancement of water quality and the outstandingly remarkable values that merit designation. Outstandingly remarkable values must be related to the river or its immediate environment. Other similar values may also be considered.
Research indicates that property values remain stable or increase on designated rivers. This is often tied to the protection and enhancement of scenery, other aesthetic values and water quality. Additionally, the designation of a Wild and Scenic River authorizes federal funds to assist states, local governments, landowners, and individuals in the planning, protection, and management of Wild and Scenic Rivers.
How are rivers added to the National Wild and Scenic Rivers System?
Typically, a river becomes Wild and Scenic first by being categorized as “eligible” for designation by the appropriate land management agency (Forest Service, Bureau of Land Management, etc.), although Congress has designated rivers that were not previously found eligible for protection. Any section of river that is free-flowing and possesses one or more“outstandingly remarkable values” can be found eligible for Wild and Scenic designation. The White River National Foreste has found 39 miles of the Crystal River eligible; you can review study here. Learn more about the Wild & Scenic Designation Process on this page.
When a river segment is designated, how is the segment defined and what area does it include?
The segment includes the river itself and a “river corridor” which includes land on either side of the river, starting from the ordinary high-water mark.5 Some segments and corridors do not include any land other than federally managed land. Private or state land, for example, is not subject to wild and scenic management. Corridor boundaries are established to protect the free-flowing condition, water quality, and outstandingly remarkable values for which the segment was designated.
Are there effects of WSR designation on private landowners within a river corridor?
Under the Act, designation neither gives nor implies government control of private lands within the river corridor, whether or not private land is included within the legislated boundaries. Although many rivers already designated include private lands within the boundaries of the river corridor, management practices only apply to federal lands. Put simply, under the Act, the federal government has no authority to regulate private lands. People living within a river corridor may use their private property with the same flexibility as they had before designation. Federal permits or reviews are occasionally required under specific circumstances for certain activities undertaken on private land. WSR designation does not change or expand the set of conditions under which federal permits or reviews may be required. Designation of federal lands adjacent to private lands does not provide permission for the public to access or use the private lands in any way. Public use of private lands remains at the sole discretion of the private landowner.
Does the Wild and Scenic Rivers Act restrict development on private lands within designated river corridors?
No. Under the act, the federal government has no authority to regulate or zone private lands. Land use controls on private lands are solely a matter of state and local zoning. Although the act includes provisions encouraging the protection of river values through state and local land use planning, there are no binding provisions on local governments. In the absence of state or local river protection provisions, the federal government may seek to protect values by providing technical assistance, entering into agreements with landowners and/or through the purchase of easements, exchanges or voluntary purchase of private lands.
How does Wild and Scenic designation affect water rights?
Wild and Scenic designation has no effect on existing valid water rights or interstate water compacts. River designation does not supersede existing, valid water rights. While the Wild and Scenic Rivers Act may assert a federal water right for a wild and scenic river (affirmed by the Idaho Supreme Court in 2000), the appropriation, adjudication, and exercise of such a right is controlled by state water law and procedure through water courts and state water administration. Any water rights would remain a property right whose owner can use as they wish before or after designation including for mining reclamation or water treatment purposes. However, federal reserve water rights are not always associated with a Wild and Scenic designation, especially when more appropriate means exist (e.g., state water right).
Does WSR designation affect existing diversions and irrigation?
Existing irrigation systems and other water development facilities are not affected. Alterations to existing systems and new water projects that require a federal permit are allowed as long as they do not have a direct and adverse effect on the identified outstandingly remarkable values of the river.
Does WSR designation affect mining and mineral development?
Valid existing rights (i.e., claims and leases) remain in effect and related activities are allowed subject to regulations that minimize surface disturbance, water sedimentation, pollution, and visual impairment. Federal lands within segments classified as scenic or recreational are not withdrawn from the mining and mineral leasing laws, so filing of new mining claims or mineral leases is allowed subject to reasonable access and regulations that minimize the factors mentioned above. For federal lands within river segments classified as wild, no new mining claims or mineral leases can be granted.
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