WSP10128

• File Number: 7630.625
• Description: Wild and Scenic - Wild and Scenic Rivers Act
• State: CO
• Basin: Statewide
• Date: 5/1/1977
• Author: USDA-USFS
• Title: Elk Wild and Scenic River - Study Area Information Brochure - From File Titled Wild and Scenic River Materials
• Water Supply Pro - Doc Type: Publication

(lD3)i7

'j @The resulting recomme~dation and the facts supporting it (
are suiJ;nitted ',through,:the Secretary of Agricultw:e to the
President. The recommendation also con tains"mimagemen t
guidelines.

, ,
WHAT IS YOUR PART IN THE STUDY?

..,,~

Throughout the study you are invited to offer data and
....... ~ ~ .
opinions, comn,ent.,on the drat! report and help develop the
management plan if the river is included in the system, Your
inputs are extremely imp\lrtant in all parts of the study and
are worked irito the repor'Cwherever possible. Such data are
used to describe the area, to help'determine eligibility, and to
make economic :analyses. Opinions and other comments
gathered through publ ic involvement are~:u'ri1marized and
included in the report.

"_CQ~!}EMNATlON AND EASEMENTS
. ".' - .. ~-_...

.......-..,

Although the Wild and Scenic Rivers Act dQ~s perr!J'it'
condemnation of~land it does so only in limited situations,

Condemnation of land in Fee Title, (the Federal Government
condemns land and thereafter owns' it). Land can be
condemned only if less than 50 percent of the land in the
study area is in federal ownership. Since more than 50 percent
of the study segment of the Elk is already in federal
ownership, there cannot be any condemnation in fee title.

;':';1

Condemnation of Water Rights can only take place if
necessary to maintain the characteristics which make the river
eligible for designation.

The study segment of the Elk is free flowing and flows are
adequate to maintain its natural qualities, so there will be no
interference with existing water uses.

Scenic Easements and Public Access Easements can be
condemned when a river becomes part of the system.

WHAT IS SCENIC EASEMENT?

"
Basically, it is the purchase of some of the potential uses of
the land, The Act specifically provides that present uses of the
land are not affected except by the owner's consent; if a
landowner already has a billboard or a sand and gravel