WSP03291

• File Number: 7630.225
• Description: Wild and Scenic-Elk River
• State: CO
• Date: 1/1/3000
• Title: Elk WSR Study-Background Information-From Flathead River Montana Study
• Water Supply Pro - Doc Type: Report/Study

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Introduction
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Wild and Scenic River Ease~~nts

A scenic ease;;Ient is a deed purchnsed from a private landowners in which
the United Stotes would acquire certain p:6perty rights on a specific
piece of land for the purpose of insuring that the high scenic and recre-
ational qualities of the river-and'its environment would be maintained.
The easement would cO'ltnin ?rovisions that state "hich property right
would be sold to the Covermr.ent. This \.,'ould be a legal document, per-
manently recorded in the County land records.

Enforcement and interpretation of ",on'p. provisions "ould require the exer-
cise of reasonable judgement by th~.loi:al.'F~&t Officer charged ,dth
managing t~ F1-a-thead' cOillponent of the ::ational Wild and Scenic Rivers
System and the individual lar.do'.-ner. Tj-,e--l=<ll~'""e-t-6f[-i~lo,rl-d-prob-
aMy-be-the--Dist-r.ict-.Ranger. If both parties ace reasonable, all problems
should be resolvable rhrough negotietion. If these tllO parties cConnot
negotiate their differences, the injured pCorty could take the difference
to the courts for se t tlement.

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Present and Existin~ Uses

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The Wild and Scenic Rivers Act is very ~xplicit concerning the fact.that
the Uni ted S Letos does no t have a righ t to prohiuit, I<i Lhou t the Lmdu"'l~ r ' s
permission, any current regular use exercise.d prior to the acquisi.t:on of
the easenent. If you h"ve billboards on your property, nn auto jun!'yard,
a multi-story ap:Ttr.".('!1t house or an active mine, the. enited States (:q~not
require you.to stO? this use, even if this use is adverse to the scenic and
recreational quality of the area. If the UniLed States wished to sLOp this
use, it could do so only if Lhe landowner voluntarily &grced.

Questions and Answers

Because there has been such widespread misunderstanding sbout ~le inteet
of scenic caselnents, ~hQt provisions they would caritain, and sp2cific~11y.
how they \o'Ould affect private landOlmers, I<e have put to[;ether a list of
frequently asked questions together "iLh their ans"ers. These q"estioes
and ans,,'ers have been grouped in like categories to better help you UllGer-
stand them.

Question:

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Assuming tb~.-F-Iathead-River is included in the Wild and Scenic Rivers
System, what control would the UniteJ Stetes have up to U,e time the land-
owner actually conveys an ease~ent.