Issues Concerning Wild and Scenic River Designations

Home Browse Search

reservoirs, powerhouses, transmission lines, etc.) within a designated reach of river if those facilities would impact "free- flowing" nature of a designated river or have a degrading effect upon a river's "outstandingly remarkable features." No federal agency could license, grant permits for, provide assistance to, or otherwise support such a project. To obtain relief from these provisions of the Act would appear to require Congressional authorization. The benefits of potential water development projects would thus be foregone with designation absent such relief. Decreed water rights located within a designated segment obviously could not be developed where decreed. However, the Act states that: - any taking by the United States of a water right which is vested under either State or Federal law at the time such river is included in the national wild and scenic river system shall entitle the owner thereof to just compensation. Assuming that designation amounts to a taking, water rights owners would be compensated. However, it is not clear that designation automatically amounts to a taking (e.g., decreed points of diversion could perhaps be changed to new locations outside.of a designated segment). 3. What is the - effect of designation upon decreed water The Act states that: designation of any stream or portion thereof as a national wild, scenic or recreational river area shall not be construed as a reservation of the waters of such streams for purposes other than those specified in the Act, or in quantities greater than neces- sary to accomplish these purposes emphasis added). This poses a serious question as to potential conflicts with the state's water rights system, the quantities of water that may be reserved (which could be significant), and potential adverse effects on upstream water rights, even though they are outside of a designated segment. -2-