WSP05399

• File Number: 7630.225
• Description: Wild and Scenic-Elk River
• State: CO
• Date: 4/1/1978
• Title: Elk W and S River Study-Public Meetings and Comments-Apr 78-Report of Public Involvement Meetings
• Water Supply Pro - Doc Type: Report/Study

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landscape as seen from the river. The extent of restrictions on develop-
ment would depend on the srecific easement negotiated with a landowner
after a river management plan I~as approved. A river nanagement plan
would be developed in cooperation with landolfl1ers, user groups, local
government, and other interested organizations.

A scenic easement is not an access ease~ent, nor does it implY owner
consent to public use~The owner retains fee title to his land and his
right to prosecute trespassers.

A scenic easement preserves the landowner's right to sell property.
Altlmugh property values way change as a result of a scenic easement,
the property can be sold by the owner. An easement is an interest in.
property that remains with the casement purchaser (the United States)
forever or until it is relinquished. Thus, in any transfer of property,
be it willed to heirs or sold, the United States retains the interests
conveyed by the easement.

Attached to this report is an outline of scenic easement provisions and
some cor'~on questions on compensation extracted from the Action Plan
portion of the Flathead River lJild and Scenic P-iver Study Report
(~rontana). This supplement is only an example and should not be con-
sidered the exact provisions to be used with respect to the Elk River.
Scenic easements can be negotiated to acco~odate special requirements
of public interest and the landOI<ner.

Acce6-6 EM e;;1e1t.t6

Access easements are acquired to provide the public access to and from
the river, and to provide sone shoreline for recreational use. Access to
the river may be in the form of a strip of land that would accOJ!lIJodate
a road or trail; shoreline easements would define strips of land suitable
for landing a boat, walking, or fiShing. Shoreline access easements
would not necessarily be acquired along the whole river. An example of
the rights and obligations of the erantor (or seller) and trantee (or
purchaser) for an existing access easement in Routt County is enclosed.
TIlis is only an example and is included to show typical understandings
of such a document.

EMement CIUVUlc.te/U.-6UCA

Locations of scenic and access easement, should the lower segTIent of the
Elk River be designated,would vary throughout the main stem corridor.
TIle accompanying schematic on page 4 displays a possible arrangement
of these easements. Scenic easements cannot extend beyond the quarter
mile limit of the corridor, and may be well wi thin the corridor boundary.
Area visible from the river will be the most important factor in deternin-
ing scenic easement boundaries. Access easements may not include shore-
line for fishing, walking, and other land recreation activities, but
would be necessary to secure safe watercraft activities. Access to the
river across private land may be necessary. The schematic shows what
may, but not necessarily, be required by designation of the lower segment
of the Elk River.

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