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<br />UU2\l38 <br /> <br />'\ <br /> <br />reservoirs, powerhouses, transmission lines, etc.) <br />within a designated reach of river if those facilities <br />would impact .the "free-flowing" nature of a designated <br />river or have a degrading effect upon a river's <br />"outstandingly remarkable features." No federal agency <br />could license, grant permits for, provide assistance <br />to, or otherwise support such a project. To obtain <br />relief from these provisions of the Act would appear to <br />require Congressional authorization. The benefits of <br />potential water development projects would thus be <br />foregone with designation absent such relief. <br /> <br />Decreed water rights located within a designated <br />segment obviousLy could not be developed where <br />decreed. However, the Act states that: <br /> <br />any taking by the United States of a <br />water right which is vested under <br />either State or Federal law at the <br />time such river is included in the <br />national wild and scenic river system <br />shall entitle the owner thereof to <br />just compensation. <br /> <br />Assuming that designation amounts to a taking, water <br />rights owners would be compensated. However, it is not <br />clear that designation automatically amounts to a <br />taking (e.g., decreed points of diversion could perhaps <br />be changed to new locations outside of a designated <br />segment) . <br /> <br />3. What is the effect of designation upon decreed water <br /> <br />The Act states that: <br /> <br />designation of any stream or portion <br />thereof as a national wild, scenic or <br />recreational river area shall not be <br />construed as a reservation of the <br />waters of such streams for purposes <br />other than those specified in the Act, <br />or in quantities greater than neces- <br />sar to accom lish these ur oses <br />(emphasis added <br /> <br />This poses a serious question as to potential conflicts <br />with the state's water rights system, the quantities of <br />water that may be reserved (which could be <br />significant), and potential adverse effects on upstream <br />water rights, even though they are outside of a <br />designated segment. <br /> <br />-2- <br />