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Initial River Protection Tools
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Last modified
10/12/2016 3:08:52 PM
Creation date
10/12/2016 3:08:51 PM
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Template:
Water Supply Protection
Description
Documents related to the Lower Colorado River Wild and Scenic Staekholder Collaborative
State
CO
Basin
Colorado Mainstem
Water Division
6
Date
6/30/2010
Author
River Protection Workgroup
Title
Initial River Protection Tools
Water Supply Pro - Doc Type
Meeting
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Alterations to existing irrigation or water withdrawal facilities within the WSR area <br /> may be approved as long as there is no direct, adverse effect to the river's ORVs. A <br /> WSR may or may not have a federal reserved water right, depending on the method <br /> used to designate the river. In the one designated WSR in Colorado, the water <br /> language was negotiated. <br /> The WSRA prohibits the Federal Energy Regulatory Commission 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 /> Section (6) 2 (a) (ii) Designation of a WSR: <br /> The process set forth in §§ 2(a)(ii) and 4(c) of the WSRA, subject to certain <br /> conditions, authorizes the Secretary to include a river, already protected by a state's <br /> river protection program, enacted by the state's legislature or a vote of the people, in the <br /> WSR system upon the request of the state's governor. The same eligibility and <br /> classification provisions that apply to congressionally designated rivers also apply to § <br /> 2(a)(ii) rivers. The river must also be administered by an agency or political subdivision <br /> of the state, except for lands already administered by the federal government, and there <br /> must be effective mechanisms and regulations in place—local, state or federal—to <br /> provide for the long-term protection of the river's ORVs, based on an assessment by a <br /> National Park Service study team of state and local laws and regulations and how <br /> effectively they are being applied. <br /> While rivers designated as WSR under§2(a)(ii) are generally protected as are <br /> rivers designated by Congress, there are differences, especially with regard to their <br /> management.' First, the river is managed by state or local agencies, except for federal <br /> lands. While several recent congressional WSR designations mandate that a river be <br /> managed cooperatively with local governments, Section 2(a)(ii) specifically precludes <br /> federal management of the river. Other than for the management of federally owned <br /> lands, the federal land-managing agency will still continue to manage its lands, <br /> preferably in cooperation with the state and/or local river manager. Second, a river <br /> added to the National WSR System through §2(a)(ii), must be administered without <br /> cost to the federal government. Therefore there can be no condemnation or other <br /> acquisition of lands or water rights by the federal government. Third, the Secretary may <br /> ' One difference specifically outlined by the WSRA regarding§2(aXii)rivers,concerns rivers that are under a <br /> congressionally mandated study for WSR designation under§7(b)of the WSRA,no U.S.department may assist by <br /> loan,grant,license,or otherwise,in the construction of any water resources project that would have a direct and <br /> adverse effect on the ORVs for which such river might be designated,during such additional period thereafter as... <br /> is necessary for congressional consideration thereof or,in the case of any river recommended to the Secretary§ <br /> 2(aXii),is necessary for the Secretary's consideration thereof,which additional period,shall not exceed three years <br /> in the first case and one year in the second. <br /> 2 An early Interior opinion stated that the presence of substantial federal lands along a proposed§2(aXii)river <br /> would be"contrary to the...administration of the rivers...at no expense to the Federal Government." Congress <br /> amended the WSRA to remove this obstacle in 1978 to provide that§2(aXii)rivers designated are to be <br /> administered by the state without expense to the federal government"other than for administration and management <br /> of federally owned lands." <br /> -9- <br />
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