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WSP03784
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Last modified
1/26/2010 12:52:07 PM
Creation date
10/11/2006 11:58:32 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
7630.285
Description
Wild and Scenic - General
State
CO
Basin
Statewide
Date
5/15/1979
Author
Unknown
Title
Information on the Twelve River Studies in Colorado
Water Supply Pro - Doc Type
Report/Study
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<br />000374 <br /> <br />. <br /> <br />. <br /> <br />designated. The findings from these analyses, which chart the <br />effects of a series of plans for the river area, are presented in <br />the report and the Environmental Impact statement. <br /> <br />Finally, on the basis of these analyses, the study team <br />selects one of the plans for the river area and bases a recommenda- <br />tion on it. <br /> <br />What Happens After the Study? <br /> <br />The reports go to the President and the Office of Management <br />and Budget. The President may then accept the recommendations of <br />the report, embody them in legislation, and submit that legislation <br />to congress. If it passes, the river is added to the system, and a <br />one-year period ensues in which the managing agency drafts a manage- <br />ment plan that will consider such matters as scenic easements, <br />public access, user limits, and regulations. <br /> <br />Public Concerns <br /> <br />During the twelve river studies in Colorado, many of the same <br />public concerns were expressed. The following series of questions <br />were among those most frequently raised at public meetings. <br /> <br />will there be any fee title condemnation? <br /> <br />Not on any of the twelve rivers in ColOrado. The Act does not <br />allow fee title condemnation if more than 50 percent of the corridor <br />land is federal, which is the case in every river studied in the <br />state. <br /> <br />What about scenic easements? What are they. and can they <br />be condemned? <br /> <br />A scenic easement is an agreement between the landowner and <br />the managing agency in which the landowner sells some of the rights <br />that go with his land--those rights which, if exercised, would <br />degrade the river's values. The landowner is selling the right to <br />chanqe his land use. In a scenic easement, for instance, he might <br />sell his right to install a junkyard, to subdivide, to cut commercial <br />timber next to the river, or to install large signs on the river <br />bank. But he retains title to the land; he can still sell it or <br />bequeath it. Those who obtain it from him are still covered by the <br />easement, which is recorded with the county. No existinq use, <br />whether or not it is degrading the river's values, can be condemned <br />Or abated unless the owner is willing to sell his right to continue <br />it. <br /> <br />An appraiser from the managing agency, the Bureau of Land <br />Management of the Forest Service on the Colorado studies, tours the <br />property in company with the landowner. He appraises the area first <br />with, and then without, the rights to be sold in the easement. The <br />difference is the value lost, which the agency pays for the easement. <br />If the landowner believes the price is too low, he can hire an <br /> <br />-3- <br />
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