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Bulletin 160-98 Public Review Draft 003 )74 Appendix 2A. Institutional Framework for Allocating and Managing Water Resources in California The act prohibits federal agencies from constructing, authorizing, or funding the construction of water resources projects having a direct and adverse effect on the values for which a river was designated. This restriction also applies to rivers designated for potential addition to the National Wild and Scenic Rivers System. Included in the system are most rivers protected under California's State Wild and Scenic Rivers Act; these rivers were included in the national system upon California's petition on January 19, 1981. The West Walker and East Fork Carson rivers are not included in the federal system. California Wild and Scenic Rivers System In 1972, the California legislature passed the State Wild and Scenic Rivers Act, declaring that specified rivers possess extraordinary scenic, recreational, fishery, or wildlife values that should be preserved in a free-flowing state for the benefit of the people of California. It declared that such use of the rivers would be the highest and most beneficial use within the meaning of Article X, Section 2 of the California Constitution. The act prohibits construction of any dam, reservoir, diversion, or other water impoundment on a designated river. Diversions needed to supply domestic water to residents of counties through which the river flows may be authorized, if the Secretary for Resources determines that the diversion will not adversely affect the river's free-flowing character. The major difference between the national and state acts is that if a river is designated wild and scenic under the State act, the Federal Energy Regulatory Commission can still issue a license to build a dam on that river, thus overriding the state system, (See Federal Power Act discussion above.) This difference explains why national wild and scenic designation is often sought. National Wilderness Act The Wilderness Act sets up a system to protect federal land designated by Congress as a "wilderness area" and preserve it in its natural condition, Wilderness is defined as undeveloped federal land retaining its primeval character and influence without permanent improvements or human habitation. Commercial enterprise, permanent roads, motor vehicles, aircraft landings, motorized equipment, or construction of structures or installations (such as dams, diversions, conveyance facilities, and gaging stations) are prohibited within designated wilderness areas. 2A-12