Laserfiche WebLink
other methods for protecting ORVs; valid and prior existing rights, such as water rights; <br />water quality; streamside development; and contribution to river system integrity. <br />Suitability analyses are conducted using input from federal agency partners to help <br />identify management conflicts, other issues, alternatives for protecting ORVs to <br />determine whether WSR designation by Congress is the most viable management <br />scenario. Stream segments identified as "Suitable" are managed to protect the ORVs and <br />free flowing condition ( "Protective Management "). Protective Management remains in <br />place until Congress either rejects or approves the stream segment for inclusion in the <br />WSR system, or until a federal agency modifies its land use plan. <br />(4) Tentative Classification: eligible streams and related adjacent land that possess one <br />or more ORVs, are tentatively classified as wild, scenic or recreational: <br />(a) Wild river areas are free of impoundments and generally inaccessible except by trail, <br />with watersheds or shorelines essentially primitive and waters unpolluted. <br />(b) Scenic river areas are free of impoundments, with shorelines or watersheds still <br />largely primitive and shorelines largely undeveloped, but accessible in places by roads. <br />(c) Recreational river areas are readily accessible by road or railroad, may have some <br />development along their shorelines, and that may have undergone some impoundment or <br />diversion in the past. <br />An agency may actively recommend that Congress /the President decline to designate a <br />WSR. Only Congress or the Secretary of the Interior ( "Secretary ") may designate a <br />WSR. The managing agencies, with public input, develop a Protective Management Plan <br />to protect and enhance the ORVs. Congressional designation has historically included a <br />federal reserved water right, but an agency determination of suitability does not include a <br />water right. <br />An initial river study, designating legislation, and the subsequent Protective <br />Management Plan process consider how best to protect ORVs while recognizing private <br />property rights. While the WSRA carries no authority to control the use of privately <br />owned land, the question arises, if a water user requires an easement or special use permit <br />to use National Forest Land within the WSR area, what restrictions might apply. On <br />federally owned land, future development along a WSR is allowed as long as it is <br />consistent with the river's classification and does not harm the river's ORVs. <br />Alterations to existing irrigation or water withdrawal facilities within the WSR area may <br />be approved as long as there is no direct, adverse effect to the river's ORVs. A WSR may <br />or may not have a federal reserved water right, depending on the method used to <br />designate the river. In the one designated WSR in Colorado, the water language was <br />negotiated. <br />The WSRA prohibits the Federal Energy Regulatory Commission (FERC) from licensing <br />construction of a dam, water conduit, reservoir, powerhouse, transmission line or other <br />project works under the Federal Power Act on or directly affecting a river designated as <br />an actual or potential WSR system component. <br />E <br />