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June 30, 2008 <br />f. Wild & Scenic Rivers Designation. <br />(1) Under § 2(a) (i) -- Under this approach, Congress would designate the segments <br />under the Wild and Scenic Act. Flows necessary to support the ORVs could be <br />protected through federal reserved water rights or through any other effective <br />legal mechanism (e.g., CWCB in- stream flow rights and operational agreements). <br />The Wild and Scenic Act requires protection of water flows in designated rivers. <br />However, it does not dictate protection by reserved rights. Rather, the means by <br />which ORV flows are to be protected can be specified in the adopting federal <br />legislation. <br />(2) Designation under § 2(a)(ii) -- Under this option, the Secretary of the Interior <br />may approve designation upon petition by the Governor of the State, after <br />enactment of state legislation that (1) designates the segments as wild, scenic <br />and/or recreational and (2) appoints a state agency (or political subdivision) with <br />the duty of permanently managing the river as such. State funding may be <br />required under this approach, as the federal government may not fund <br />implementation of § 2(a) (ii) plans except as necessary for federal agency <br />implementation within federal lands. <br />Both § 2(a) (i) and § 2(a) (ii) have the potential to provide permanent flow protection, <br />depending upon the nature of the underlying flow protection mechanism. <br />The Stakeholder Group is committed to developing a Management Plan Alternative that will <br />include some combination of the flow protection concepts described above. A thorough <br />understanding of the ORV flow requirements is needed before any of the protection ideas can be <br />eliminated from consideration, and a final plan developed. <br />C. Land -Based Protection (Factor 3) <br />The Stakeholder Group will develop land -based protection strategies to address the needs of the <br />recreation, wildlife, scenic, historic, geological, botanical and paleontological ORVs. The BLM <br />is in the process of developing its land use prescriptions for the river corridor and expects to have <br />these developed by August, 2008. At that time, the Stakeholder Group will meet with the BLM <br />to understand what the BLM is proposing and to brainstorm possible actions to be included in the <br />Management Plan Alternative for local, state and private lands that would be complementary to <br />what the BLM is proposing to protect the river's ORVs and classification. A map -based <br />approach to identifying and addressing land use issues is proposed. A 1/a mile corridor on each <br />side of the Colorado River will be mapped and the Management Plan Alternative will include a <br />description of ownership, known development plans, zoning and associated uses by right or <br />special uses that are listed. This approach will also include a summary of protective measures <br />that currently exist in the Land Use Regulations, such as setbacks from streams and wetlands that <br />will benefit non - federal land within the study area. Land uses on private land that have the <br />potential to conflict with ORV protection will be identified and opportunities for improved <br />protection of ORVs will be identified, such as GOCO legacy stewardship grants, conservation <br />easements in key parcels, or multi jurisdictional coordinated land management plans. <br />-24- <br />