Initial River Protection Tools/Mechanisms

Home Browse Search

effects on the RICD caused by such appropriations or changes do not exceed two percent of the lowest decreed rate of flow for the RICD measured at the RICD. The owner of a water right for an RICD may not call for water that has been lawfully stored by another appropriator. An RICD can protect higher flows than the flows typically appropriated by the CWCB ISF program. It is an important tool where recreational boating is the non-consumptive use that an entity is seeking to protect. II. Federal Protection Mechanisms A. BLM and USFS Land Management Plans ("LMPs"): USFS and BLM land- use planning establishes broad guidance for the project and activity decision-making needed to manage the public lands. All projects and activities authorized by the BLM and the USFS must be consistent with the relevant USFS LMPs or BLM Resource Management Programs, practices, uses, and protection measures. (16 USC 1604 (i), 43 CFR 1601 .5-3) A project or activity is considered consistent with an LMP if it is consistent with plan decisions, as described below. If a project or activity is inconsistent with an LMP, the responsible official may: (1) modify the proposal so the project or activity is consistent; (2) reject the proposal; or (3) amend the LMP contemporaneously with the approval of the project or activity so that the project or activity is consistent with the LMP, as amended. The amendment may be limited to apply only to a specific project or activity. Rivers and their related values may be affected by a number of decisions that might be incorporated into a LMP. The key decisions typically made in LMPs include: • Establishment of (a) desired outcomes, including multiple-use goals and objectives; (b) management requirements, including measures or criteria to be applied to guide day-to-day activities; (c) monitoring and evaluation requirements; and (d) community and evaluation requirements and management area direction, including identifying allowable uses, and/or allocations, restrictions, and prohibitions, often done by allocating lands to general management areas that reflect different levels of development and suitable uses. -5- • Designation of (a) Research Natural Areas ("RNAs") for USFS lands and Areas of Critical Environmental Concern ("ACECs") for BLM-administered lands; and (b) suitable timber land and the establishment of allowable sale quantities for USFS lands. • Recommendation of lands for inclusion in the National Wilderness Preservation System ("NWPS"). (USFS only; BLM recommendations are considered through separate, legislative Environmental Impact Statements.) • Identification of river segments as eligible or suitable for inclusion in the National Wild and Scenic Rivers System ("WSRS").