Celebrating 40 Years: The Wild and Scenic Rivers Act

36
Volume 18| Number 3 - 2008 A River Network Publication cont. on page 4 hat do a Snake, a Sturgeon, a Little Beaver and a Buffalo have in common? They are all rivers protected by our federal Wild and Scenic Rivers Act. On October 2, 1968, the Act—championed by Senator Frank Church (ID)—was signed into law by President Lyndon Johnson. Forty years later, the Act protects more than 11,434 miles of 166 river stretches in 38 states and the Commonwealth of Puerto Rico. The passage of this federal legislation, after years of political wrangling, established one of our nation’s strongest conservation tools for rivers. Enactment of the law signified a fundamental shift in the way we value rivers. For the first time in our nation’s history we embraced conservation of rivers for their inherent unique qualities. As a result of the Act, many of our greatest rivers are guaranteed to be preserved forever. For example, the Missouri River explored by Lewis and Clark, the W Tuolumne River loved by John Muir, and the Delaware, Sudbury, Assabet and Concord Rivers, which cradled the American Revolution, are protected by this visionary law. And despite various myths and misconceptions, the Wild and Scenic Rivers Act remains a powerful tool available for watershed conservationists to protect their local river. In recent years, through land management planning processes, many rivers have been identified as eligible or suitable for designation. According to the federal government, at least 3,400 rivers have been found to have outstanding qualities worthy of protection. At the request of local communities, the governor or the managing agency, it is possible that many of these rivers could be added to the National Wild and Scenic Rivers System. So, exactly what does Wild and Scenic mean? Rivers listed under the Wild and Scenic Rivers act are afforded a specific set of protections. In sum, a designation: Celebrating 40 Years: The Wild and Scenic Rivers Act by David Moryc, American Rivers & Katherine Luscher , River Network It is hereby declared to be the policy of the United States that certain selected rivers of the Nation which, with their immediate environments, possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values, shall be preserved in free-flowing condition, and that they and their immediate environments shall be protected for the benefit and enjoyment of present and future generations. The Congress declares that the established national policy of dam and other construction at appropriate sections of the rivers of the United States needs to be complemented by a policy that would preserve other selected rivers or sections thereof in their free-flowing condition to protect the water quality of such rivers and to fulfill other vital national conservation purposes. Wild and Scenic Rivers Act – October 2, 1968

Transcript of Celebrating 40 Years: The Wild and Scenic Rivers Act

Page 1: Celebrating 40 Years: The Wild and Scenic Rivers Act

Volume 18| Number 3 - 2008A River Network Publication

cont. on page 4

hat do a Snake, a Sturgeon, a Little Beaverand a Buffalo have in common? They areall rivers protected by our federal Wildand Scenic Rivers Act. On October 2,

1968, the Act—championed by Senator Frank Church(ID)—was signed into law by PresidentLyndon Johnson. Forty years later,the Act protects more than 11,434miles of 166 river stretches in 38states and the Commonwealth ofPuerto Rico.

The passage of this federallegislation, after years of politicalwrangling, established one of ournation’s strongest conservation toolsfor rivers. Enactment of the lawsignified a fundamental shift in theway we value rivers. For the firsttime in our nation’s history we embracedconservation of rivers for their inherent uniquequalities.

As a result of the Act, many of our greatest rivers areguaranteed to be preserved forever. For example, theMissouri River explored by Lewis and Clark, the

WTuolumne River loved by John Muir, and theDelaware, Sudbury, Assabet and Concord Rivers,which cradled the American Revolution, are protectedby this visionary law. And despite various myths andmisconceptions, the Wild and Scenic Rivers Act

remains a powerful tool available forwatershed conservationists to protecttheir local river.

In recent years, through landmanagement planning processes, manyrivers have been identified as eligible orsuitable for designation. According to thefederal government, at least 3,400 rivershave been found to have outstandingqualities worthy of protection. At therequest of local communities, thegovernor or the managing agency, it is

possible that many of these rivers could beadded to the National Wild and Scenic Rivers System.

So, exactly what does Wild and Scenic mean?

Rivers listed under the Wild and Scenic Rivers act areafforded a specific set of protections. In sum, adesignation:

Celebrating 40 Years:

The Wild and Scenic Rivers Actby David Moryc, American Rivers & Katherine Luscher, River Network

It is hereby declared to be the policy of the United States that certain selected rivers of theNation which, with their immediate environments, possess outstandingly remarkable scenic,recreational, geologic, fish and wildlife, historic, cultural, or other similar values, shall bepreserved in free-flowing condition, and that they and their immediate environments shallbe protected for the benefit and enjoyment of present and future generations. The Congressdeclares that the established national policy of dam and other construction at appropriatesections of the rivers of the United States needs to be complemented by a policy that wouldpreserve other selected rivers or sections thereof in their free-flowing condition to protect thewater quality of such rivers and to fulfill other vital national conservation purposes.

Wild and Scenic Rivers Act – October 2, 1968

Page 2: Celebrating 40 Years: The Wild and Scenic Rivers Act

2 River Network • RIVER VOICES • Volume 18, Number 3

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CONTENTS

1 The Wild and Scenic Rivers Act

by David Moryc & Katherine Luscher

3 From the President

9 State River Protection Programs

by David Bolling

10 Common Misconceptions

by American Rivers

12 A Checklist

by Andy Kerr

18 The Eightmile River

by Anthony Irving

21 Rivers Protected Under the Wild and Scenic Act

22 Hosting a Film Festival

by Susie Sutphin

24 Protected Rivers Help Strengthen and Diversify State

and Local Economiesby American Rivers

26 From No Water to Wild Waters

by Sam Frank

30 Niobrara Council

by Kalli J. Kieborz

32 Voices from the Field

34 Resources & References

35 Partner Pitch

Page 3: Celebrating 40 Years: The Wild and Scenic Rivers Act

any years ago, my parents purchased land along New York’sAusable River—a river protected under New York State’sWild, Scenic and Recreational Rivers Act. It’s a quiet placethat always reminds me of what’s truly important in my

life—people, nature and conservation. That is why, it is an honor to followDon Elder, my predecessor as CEO of River Network, who so superblypositioned us to help people protect and restore rivers and their watersheds.

I join River Network on the 40th anniversary of the National Wild and Scenic RiversAct. When it was passed on October 2, 1968, the United States was facing challengesmuch like today: people were alarmed by a deteriorating environment, the economywas headed towards major instability and a debilitating war was the focus of acontentious presidential election.

So why, in the midst of such profound troubles, did our country set a national goal toidentify and conserve remarkable rivers? I believe it was the awareness that healthyrivers could cleanse our polluted environment, fuel economic engines like agricultureand tourism and remind a country at war of what’s most important to protect.

Our river heritage is vastly richer today because of the Act, but most of its potentialremains unfulfilled. Many deserving rivers have not been designated, and manydesignated rivers have not been adequately protected.

Like most environmental laws, the Act depends on citizen involvement and support.Successful implementation requires us to grow watershed protection organizationsnationwide, increase partnerships with other water-dependent sectors and broadenand diversify public awareness of our work.

By pursuing these goals, we can realize the full potential of the Act while addressingbroader environmental and economic problems that are even more urgent today thanthey were in 1968. With this issue of River Voices, we aim to point the way forward.

In partnership,

President & CEORiver Network

Volume 18, Number 3 • River Network • RIVER VOICES 3

From The President

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4 River Network • RIVER VOICES • Volume 18, Number 3

cont. from page 1 ★ Protects a river’s “outstandinglyremarkable” values and free-flowingcharacter.

★ Protects existing uses of the river.

★ Prohibits federally-licensed dams andany other federally-assisted waterresource project if the project wouldnegatively impact the river’soutstanding values.

★ Establishes, at a minimum, a quarter-mile protected riparian buffer corridoron both sides of the river. On the RogueRiver in Oregon, for example, thisbuffer provides protection for over13,000 acres of highly productiveriparian zone and forest.

★ Requires the creation of a cooperativeriver management plan that addressesresource protection, development oflands and facilities, user capacities, etc.

Taking a Closer LookNow that you have a general overview, let’sspend a little time exploring the specifics ofhow the Act works.

Protects a river’s “outstandinglyremarkable” values and free-flowingcharacter

The intent of the Act is to preserve the free-flowing character and “outstandinglyremarkable values” of designated rivers forfuture generations to enjoy. To be includedin the System, a river, or stretch thereof,must be a free-flowing stream and theadjacent land must possess scenic,recreational, geologic, fish and wildlife,historic, cultural or other similar values.

Don’t be fooled by the title of the act; riversneed not be “wild” in a pristine sense towarrant protection. According to the Act,every river in its free-flowing condition mustbe considered eligible for inclusion in the

System and, if included, must be classified,designated and administered as a wild,scenic or a recreational river area.

★ Wild: Wild river areas are rivers orsections of rivers that are free ofimpoundments and generallyinaccessible except by trail (i.e., noroads), with pristine, unpollutedwatersheds or shorelines. Theserepresent vestiges of primitiveAmerica.

★ Scenic: Scenic river areas are rivers orsections of rivers that are free ofimpoundments, with shorelines orwatersheds still largely primitive andshorelines largely undeveloped, butwith limited road access (e.g., a bridgecrossing).

★ Recreational: Recreational river areasare rivers or sections of rivers readilyaccessible by road or railroad (whichmay run parallel to them), may havesome shoreline development and mayhave undergone some impoundmentor diversion in the past.

Rivers are not limited to protection underonly one category; often different stretcheson the same river are protected by differentcategories. For instance, the Verde River inArizona has a 22.2 mile stretch protected as“wild” and an additional 18.3 mile stretchprotected as “scenic.” Likewise, the CarpRiver in Michigan has stretches designatedas “wild,” “scenic” and “recreational.” Riversin the National System are often referred toas “wild and scenic rivers” without regard totheir specific classification.

Given that most of our country’s rivers havebeen altered by humankind, it is worthmentioning that Congress did not intend allrivers protected under the Act to be“naturally flowing,” that is, flowing withoutany manmade up- or downstreammanipulation. In fact, many designated

Wild and Scenic Rivers Act, cont.

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Volume 18, Number 3 • River Network • RIVER VOICES 5

river segments are above or below dams. TheWild and Scenic Rivers Act defines free-flowing as “existing or flowing in a naturalcondition without impoundment, diversion,straightening, rip-rapping or othermodification of the waterway.” The existenceof small dams, diversion works or otherminor structures do not automaticallydisqualify a river as a candidate for theNational Wild and Scenic Rivers System.

Protects existing uses of the riverEach component of the national Wild andScenic Rivers System is managed in a way toprotect and enhance the values which causedit to be included in the system and limitsother uses that do not substantially interferewith public use and enjoyment of thesevalues.

Prohibits federally-licensed dams, andany other federally-assisted waterresource project if the project wouldnegativelyimpact theriver’soutstandingvalues

According toSection 7 of theAct, administering agencies must evaluateproposed water resources projects. Section 7does not prohibit “…licensing of, orassistance to, developments below or above awild, scenic or recreational river area or onany stream tributary thereto which will notinvade the area or unreasonably diminishthe scenic, recreational and fish and wildlifevalues present in the area on the date ofdesignation.”

In addition to the protection of designatedrivers, study rivers (e.g., rivers under formalconsideration for inclusion in the System)are also protection under Section 7. TheFederal Power Commission is prohibitedfrom licensing the construction of a water

resource project on, or directly affecting ariver listed as a study river. Furthermore, nodepartment or agency of the United Statescan assist by loan, grant, license or otherwisein the construction of any water resourcesproject that would have a direct and adverseeffect on the values for which such a rivermight be designated.

Establishes a quarter-mile protectedcorridor on both sides of the river

This buffer is one of the Act’s mostsignificant protective tools. Nationwide thisbuffer accounts for over 3.5 million acres ofriparian forest and floodplain protection.Corridor boundaries are established toprotect the free-flowing nature, water qualityand Outstandingly Remarkable Values forwhich the river was designated. Boundariesmay be wider or narrower, but are not toexceed the 1/4 mile buffer average withoutapproval by Congress. Measurement is made

from the ordinary highwater mark. In Alaska,and where mandatedby Congress, theallowable boundary is640 acres per mile forrivers located outsideof national parks.

Corridor boundaries for federally designatedand administered rivers may vary based on anumber of conditions, but are usuallydelineated by legally identifiable lines (surveyor property lines) or some form of on-the-ground physical feature (i.e., topography,natural or manmade features such as canyonrims, roads, etc.).

Requires the creation of a cooperativeriver management plan that addressesresource protection, development oflands and facilities, user capacities, etc.

Designated rivers are administered by one offour federal agencies (Bureau of LandManagement, National Park Service, U.S.

cont. on page 6

Oregon leads the nation with 48 designatedrivers, while Alaska boasts the highest number ofmiles at 3,210. Overall, the northwestern statesof Alaska, Washington, Oregon, Montana and

Idaho contribute well over half of the rivers to theNational Wild and Scenic Rivers System.

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6 River Network • RIVER VOICES • Volume 18, Number 3

cont. from page 5 Forest Service and U.S. Fish and WildlifeService) or by states. Generally, the specificlegislation will indicate an agency toadminister each river area or segment inorder to minimize overlapping federalagency jurisdictional issues. Forcongressionally designated rivers, theadministering federal agency is responsiblefor implementing the Act’s requirements,including the development of acomprehensive management plan for eachriver within roughly three years from thedate of designation, although the agencies donot always meet this deadline. On somerivers, including those with overlapping state

designations, joint federal/state managementplans may be developed. The public andstate, local and tribal governments areessential participants in developing anacceptable plan that both protects andenhances the values for which the river wasadded to the National Wild and ScenicRivers System.

Managing agencies are often charged with:1) Determining final classification, if not

determined by Congress upondesignation.

2) Developing final boundaries and maps.

3) Developing the comprehensive,interdisciplinary management planwhich may address a variety of issues(e.g., resource protection and usercapacities).

4) Implementing the management planin conformance with land-useplanning objectives.

Designating a RiverRivers are designated in one of two ways.The first, and by far the most common, isthrough an act of Congress. In other words,you must encourage your Senators andappropriate Representative(s) to sponsor abill to designate the river. Usually, there isfirst an act directing an agency to study theriver and ensure it meets certain criteria.Then, following a positive finding, Congresscould add the river to the National Wildand Scenic Rivers System. Of course,Congress has the power to directly add ariver, but that is unusual and not thepreferred method.

The second, albeit rare, way a river may bedesignated is through the Secretary of theInterior at the request of a state governor.These rivers are administered by the stateand/or local governments withoutinterference by, or support from, the federalgovernment. However, the river must firstbe part of a state river protection system(see page 9) before the governor’sapplication can even be considered. Then,the National Park Service studies the riverto ensure that it meets eligibility criteria,that the state/local government hassufficient mechanisms (laws, zoning, etc.) inplace to protect the river without federalinvolvement, and that the state/localgovernment has the ability to enforce thosemechanisms. If the findings are positive, theNational Park Service reports back to theSecretary and he/she can designate the river.

Wild and Scenic Rivers Act, cont.

Photo:Katherine Luscher

Blossom Rapidon Oregon’s

Wild and ScenicRogue River.

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Volume 18, Number 3 • River Network • RIVER VOICES 7

Cons & ProsWhile the Wild and Scenic Act will certainlyafford many benefits to both the river andthe community, it is not without itslimitations.

Cons of a Wild and Scenic designationmay include:

★ Lack of holistic ecosystem protection.Despite language in the law designed toprotect adjacent lands, destructiveactivities can occur up or downstreamfrom designated sections. As is nearlyalways the case, protection of an entirewatershed requires use of ancomprehensive set of complimentarytools;

★ Initial or sustained attraction to theriver because of designation – and thusan increase in traffic and/or use;

★ A drain on limited time and resourcesfrom the multiple players involved withthe development and execution of themanagement plan; and

★ The lack of regulatory authority bymanaging agencies on private landswithin a Wild and Scenic corridor.

Benefits of a Wild and Scenicdesignation may include:

★ Providing managers with tools tomaintain a river’s free-flowingcondition (i.e., protection of rivervalues through the assessment ofhydroelectric facilities or water resourcedevelopment projects within thedesignated reach);

★ Protection of water quality andOutstandingly Remarkable Values;

★ Potential increases in funding forhabitat restoration;

★ Development of the management planfor a river via an integrated,collaborative and community effort;

★ Additional research on essential riverissues by the river management agency;

★ Potential for economic development,tourism or recreational use;

★ A possible increase in property valuesnear the river; and

★ Technical assistance and thedevelopment of collaborativepartnerships with private landownersprovided by managing agencies.

Roles for a

Watershed GroupLocal watershed conservation organizationscan play a pivotal role in designating—ormanaging the designation of—a Wild andScenic River. Here are a few things you coulddo:

★ Become involved in a Wild and Sceniccampaign, or lead one of your own.Research the feasibility of your river, orstretch of river, for inclusion in the Act.The articles in this issue of River Voices,as well as organizations like AmericanRivers, provide various resources foryou.

★ If your river is already designated,educate the community about the valueof the river and encourage the public toresponsibly enjoy the many benefits itprovides. You may even consider hostinga “Wild and Scenic” fundraiser or event.

★ Establish a relationship with the agencymanaging the Wild and Scenic River inyour backyard. Encourage them to workwith you to improve conditions on theriver and find ways to link otherrestoration and protection effortsupstream or down of the Wild andScenic segment.

cont. on page 8

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8 River Network • RIVER VOICES • Volume 18, Number 3

★ Join the Wild and Scenic River StewardsNetwork, a new nationwide grassrootscollaborative of organizations andindividuals working together to build astronger voice for designated Wild andScenic Rivers.

The Next Forty YearsThe Wild and Scenic Rivers Act has beengreatly successful in protecting some of ourmost outstanding rivers, but our job is farfrom over. Today, thousands of ourcountry’s best rivers have yet to bedesignated as Wild and Scenic, leaving themvulnerable to growing threats from thepressures of global warming, poorly planneddevelopment, water withdrawals, pollutionand new dam building.

cont. from page 7

Wild and Scenic Rivers Act, cont.

Sources: AmericanRivers; Interagency

Wild and ScenicRivers Coordinating

Council; Wild andScenic Rivers of

America, TimPalmer.

Photo:Katherine Luscher

The Wild and Scenic Middle Fork of the Salmon River, Idaho

The Interagency Wild and Scenic Rivers Coordinating Council

The Interagency Wild and Scenic Rivers Coordinating Council (Council), formed in

1995, consists of one national and two field staff representatives of each of the four

federal agencies managing designated Wild and Scenic Rivers. Its purposes are to

improve interagency coordination in administering the Act, address management

concerns on designated rivers and potential additions to the system, and provide

technical assistance to other government and nonprofit organizations. Their website

(www.rivers.gov) is chock full of great information on Wild and Scenic Rivers and

their management.

The Council has facilitated a standard resource management approach by the four

agencies, provided key training to individual managers of system assets and

developed and issued a wide range of important technical reports on interpreting

and administering the Wild and Scenic Rivers Act. Clearly, the Council’s goals are

being met and their efforts are benefiting agency resource managers and

conservation organizations alike.

In the face of climate change, we will needto increasingly rely on the protection of ourhighest quality rivers to provide sourcedrinking water, flood protection, criticalhabitat and quality of life benefits.

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Volume 18, Number 3 • River Network • RIVER VOICES 9

State River Protection Programsby David Bolling

he Wild and Scenic Rivers Act was not the beginning of legislated river protection. Wisconsincreated the first state system in 1965, and 33 states had enacted some form of state riverprotection by 1993.

There are so many different state programs that a simple summary isn’t possible. Some states haveventured only timidly into the current of river protection with anemic programs that do little more thandefine lofty ideals. But others have enacted proactive legislation that has produced substantial results.Vermont has adopted what could become a national model with its Comprehensive State River PolicyAct, which seeks to safeguard fisheries on all rivers with blanket protection for instream flows whileallowing the legislature to designate “outstanding water resources” on which dams are prohibited.

What They DoMany state programs mimic the federal Wild and Scenic Act in general structure and function, but thereare a variety of other models. Common to most state systems is a prohibition on dams and majorinstream disruptions, although state systems lack jurisdiction over federal agencies and don’t protectagainst FERC hydro licenses, Corps of Engineers dams or Bureau of Reclamation water diversions. Inpractical terms, however, state river protection is a significant political obstacle to federal instream riverprojects.

Typically, state systems aren’t as strict as the federal Act, although they have one major advantage in thatthey have the capability of regulating private land use, which is the single most important tool forprotecting private land rivers.

State systems have, on average, been less aggressive than the federal system in adding rivers. Some stateshave passed innovative programs and then left them to languish. California protected five rivers when itpassed a Wild and Scenic Act in 1972, but didn’t add another river until 1989.

States with State River Protection Programs

★ Arkansas ★ California ★ Connecticut ★ Florida ★ Georgia ★ Idaho

★ Illinois ★ Indiana ★ Iowa ★ Kentucky ★ Louisiana ★ Maine

★ Maryland ★ Massachusetts ★ Michigan ★ Minnesota ★ Missouri ★ New Hampshire

★ New Jersey ★ New York ★ North Carolina ★ Ohio ★ Oklahoma ★ Oregon

★ Pennsylvania ★ South Carolina ★ South Dakota ★ Tennessee ★ Vermont ★ Virginia

★ Washington ★ West Virginia ★ Wisconsin

This information originally appeared in How to Save a River, a River Network publication

T

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10 River Network • RIVER VOICES • Volume 18, Number 3

Wild and Scenic River Designation

Common MisconceptionsAs with any piece of legislation, hours—if not days—of review are often required to fullycomprehend what exactly it does. As a result, many individuals often make their owninterpretations, ones that are not based on fact. Here are some common misconceptionsregarding the Wild and Scenic Rivers Act, along with a clarifying explanation.

My access to and enjoyment of the riverwill be severely limited by Wild andScenic designation.

Recreation on the river,including activitiessuch as fishing and

boating, comprise some of the major usesWild and Scenic designation seeks to protect;public access to the river for these and otheruses will not be hindered. If you enjoyfishing or boating before the river isdesignated, you will no doubt continue to doso after designation. Only when and if riveruse increases to the point where the valuesfor which the river was protected are injeopardy will access be regulated or limited.

My ability to enjoy public lands alongthe river will be severely limited.

Recreational use of thepublic lands adjacent toa Wild and Scenic River

will continue as before. Hunting, camping,use of off-road vehicles, and other land useswill continue to be regulated under existingstate laws or rules of the managing agency(Forest Service, Park Service, etc.).

Wild and scenic river designation willautomatically increase the number oftourists coming to my river.

In many cases,visitation has increasedonly slightly or not at

all with designation. It is up to the localcommunity to choose whether or not topromote the river as a tourist destination.

The government will take ownership ofriverside land when a river becomesprotected.

The existingownership of land willmost likely continue

after designation. The government usuallyacquires riverside lands through voluntarypurchases or easements. The use of“eminent domain” is very rare along wildand scenic rivers; this method of landacquisition has been used along only four ofthe 166 rivers in the national system. If thepublic already owns 50% or more of theriverside land then condemnation is notpermitted along the river corridor. In othercases, the federal government is onlyallowed to purchase an additional 100 acresper square mile of riverside land.

My rights as a private landowner willdisappear with wild and scenic riverdesignation.

The Act carries noauthority to controlthe use of privately

owned land, even if private lands areincluded within the boundaries of theprotected river corridor. Landowners will beallowed to use their land just as they hadbefore designation. If a proposed use ofprivate land is in conflict with themanagement of the wild and scenic river,the managing agency will work with thelandowner to mitigate any potential threatsto the values of the river.

by American Rivers

www.americanrivers.org

FALSE

FALSE

FALSE

FALSE

FALSE

Page 11: Celebrating 40 Years: The Wild and Scenic Rivers Act

★Current land uses will be stopped along anewly designated wild and scenic river.

Most current land uses,public and private,alongside the river will

continue after designation; this includesagricultural uses such as farming andgrazing. The goal of the Wild and ScenicRivers Act is not to revert these areas to theiroriginal pristine and untouched condition,but rather to “protect and enhance” theexisting values and uses of the river andsurrounding lands. Only those land andwater uses that threaten the values for whichthe river is protected will be examined forpossible regulation.

There will be no future development ofland alongside a wild and scenic river.

A river is classified as“wild,” “scenic,” or“recreational”

depending on the amount of existingdevelopment and accessibility. For instance,the Act describes “recreational” rivers as“rivers that are readily accessible by road orrailroad, that may have some developmentalong their shorelines, and that may haveundergone some impoundment or diversionin the past.” A Wild and Scenic Riverdesignation does not affect privatelandowners’ ability to develop privatelyowned lands within the river corridor. Onfederally owned land, future developmentalong a wild, scenic or recreational river isallowed as long as it is consistent with theriver’s classification, and does not harm thevalues for which the river was designated.

FALSE

Volume 18, Number 3 • River Network • RIVER VOICES 11

FALSE

The federal government will controlzoning of private lands along a wildand scenic river.

The Act carries noauthority to affect thezoning of private

lands; that authority is reserved for stateand local governments. Local land-useplanners are encouraged to protect rivervalues, but there are no binding provisionsin the Act. In most cases, if the local zoningdoes not already protect the river, it won’tbe considered for wild and scenic riverdesignation.

There is no allowance for citizenopinion in the study or management ofa Wild and Scenic river.

There is ampleopportunity for publicinput at many stages

of the designation process. When the agencyperforming the study determines theeligibility and suitability of a river forinclusion in the national system, state, local,and public interest in river protection aretaken into consideration. When a studyreport is released after the examination of apotential wild and scenic river, it is subjectto public review and comment. And when amanagement plan for a wild and scenicriver is developed, opportunities, in theform of written comments or publichearings, are included for citizen input.

FALSE

FALSE

Page 12: Celebrating 40 Years: The Wild and Scenic Rivers Act

12 River Network • RIVER VOICES • Volume 18, Number 3

Persuading Congress to Establish a Wild and Scenic River:

A Checklistersuading Congress to designate a new Wild and Scenic River does not requiremagic or compromising photographs of key decision makers (though, if theopportunity availed itself…), but is a simple—if arduous—process that doesn’teven depend on a particular political party controlling Congress and/or the

White House.

A successful campaign requires advocates to complete certain steps to limit opposition andbuild public, media and legislative support for the requested Congressional protection. Thesesteps are presented in the checklist below. The more items you can check off the list, thebetter your odds of winning protection will be. If you can check off every item on the list,you will win. Note that checking off the last three items are mandatory to achieve success.

Remember that even though you and your organization are allied in common cause withothers working for protection for their favorite free flowing streams, you are nonetheless in a(hopefully) friendly competition with them for the political attention of the applicable state’scongressional delegation, upon whom Wild and Scenic River designation ultimately depends.On the whole, cooperation among conservation interests is beneficial to all, but so is healthycompetition. Don’t passively wait for the powers that be (in the conservation movement orCongress) to put your proposal on the political agenda; make it so compelling and politicallypopular that it demands attention.

DEFINE THE GOAL

First things first. Decide what you seek to protect and then stick with it.

Define Your Proposed Wild and Scenic River Segment. While each stream segment isunique, there are also similarities in location, watershed, mountain range, ecoregions, etc.Don’t let your intimate knowledge of the nuances and distinctions of stream segments leadyou to believe that each is so unique that they must be proposed separately. Try to groupproposed river segments into logical combinations that Congress can enact as a package.

Develop the Map. Draw your proposed Wild and Scenic Riverboundary and stick to it. Let Congress compromise yourboundary; don’t negotiate the boundary with yourself(you—and most importantly the wild— always lose). Itdoesn’t hurt to draw a boundary of something larger orlonger than you are hoping for in the end. You may alsoconsider excluding a portion of a stream from yourproposal if inclusion would draw enough opposition tosink the entire proposal.

Draft the Legislation. While Congress ultimatelyenacts the final legislative language that protects Wild andScenic Rivers, it’s best if conservationists write the firstdraft.

by Andy Kerr

The Larch Company

www.andykerr.net

A professionalconservationist for overthree decades, he has

been involved in theenactment of over 25

pieces of state andfederal legislation, scores

of lawsuits, dozens ofendangered specieslisting petitions and

countless administrativeappeals of Forest

Service and Bureau ofLand Management

timber sales and otherdecisions.

P

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Volume 18, Number 3 • River Network • RIVER VOICES 13

BUILD YOUR CASE

Gathering and synthesizing the basic resourceinformation about your proposal is a criticalstep to branding the segment and buildingsupport for your legislative proposal. You needto know the steam segment intimately andconvince others that you know everything aboutthe segment. Begin your research by tappinginto resource experts in the appropriate federalland management agency.

Gather Information. Collect thebackground materials (agency files, scientificpapers, field guides, personal knowledge, on-line research, et al.) to make your case forformal protection of your stream segment.

Produce a Profile. Synthesize all theinformation you’ve collected into a 5-20 pageprofile that presents your case for protection(with notes on sources). Include lots ofphotographs and at least one map. This profileis useful for Congressional hearings and forthose who want or need more informationbefore they endorse your proposal.

Brand the Stream Segment. Knowledge ofa stream segment, while critical, it is not alwaysdeterminative in the political process. You needto introduce your proposal into the publicdiscourse and “brand” it in the minds of thepublic, the media and decision-makers.

Produce a Brochure. Use lots of picturesand a map. If possible, incorporate pull quotesfrom known experts, public officials, and localand non-traditional supporters (i.e., resourceusers). Print in color as it commands attentionand is relatively inexpensive. Give directions onhow to visit the stream segment.

“Profile” Outline

Extensively research all available sources to develop your Wildand Scenic River profile. Expand or contract the followingprofile outline to fit your needs. The more sources you cite, themore credible your proposal will be. Personal knowledge fromlocal experts is invaluable.

1. One-Liner (e.g., “Fifteenmile Creek contains theeasternmost run of winter steelhead and flows through therare ponderosa pine/Oregon white oak ecosystem.”)2. Introduction

✩ Location✩ Elevation Range✩ Size✩ Federal Administrative Unit(s)✩ Political Subdivisions✩ County✩ Congressional District✩ Terrain✩ Development✩ Hydrogeography✩ Drainage Sub-basins✩ Major and Minor Streams✩ Public Land Ownership✩ Current Public Land Management✩ Previous Agency Consideration for Protection

3. Resources✩ Ecoregions✩ Fish✩ Wildlife✩ Water Quality✩ Geology and Soils✩ Vegetation✩ Hydrology and Climate✩ Scenic Values✩ Recreation✩ Wilderness✩ Cultural✩ History

4. Threats✩ Logging✩ Mining✩ Grazing✩ Off-Road Vehicles✩ Other

5. Detailed Description of Each Stream Segment6. Recommendations7. Sources

✩ Maps✩ Agency Maps✩ USGS 7.5’ Quad Maps

8. Tables9. Appendices

cont. on page 14

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14 River Network • RIVER VOICES • Volume 18, Number 3

Make Reference to a Website. List ways people can support your campaign. Carefullycreate the brochure so that it will have a long “shelf life” (convincing Congress to act on yourproposal may take several years—you don’t want your brochure to become outdated). Printlots of brochures, as they are cheaper to print per unit in larger quantities.

Create a Slideshow. Traditional slides work, but a PowerPoint presentation offers manymore options for creating a dynamic presentation. Consider adding sound and burning yourpresentation on DVDs for broad distribution.

Develop a Display. An attractive portable table display draws attention to your brand.

Establish a Website. Your proposal could be part of your organization’s website orfeatured on a dedicated website. Include an option for visitors to sign up for an email listserv.

MARKET THE AREA

Groom your Spokespeople. Ensure that your spokespeople are well informed and canarticulate your proposal. Remember the fundraising truism that “people like to give to peoplelike themselves.”

Distribute the Brochure. Distribute your brochure to all your supporters. Give them tosupportive, professional outdoor guides and to your own field trip leaders. Leave a stack ofbrochures at your display. Don’t save them for later. Print more if necessary.

Show the Slideshow. Book opportunities to present your slideshow—and distribute aDVD—to any group (see below) that will let it be shown at their meeting.

Display the Display. There are typically lots of opportunities to put up your display atlocal and regional events (environmental conferences, chamber of commerce events,community events, the back of the room at your slideshows, etc.).

Maintain the Website. Keep your campaign website updated and accurate. A websitethat is out-of-date or inaccurate sends the wrong message.

GATHER PUBLIC SUPPORT

If you don’t ask, you won’t receive—and the worst anyone can say is “no.” It is critical thatyou collect public endorsements for your Wild and Scenic River proposal. Don’t take the first“no” as the definitive ruling on the matter. Gentle persistence pays. If you don’t have acontact in an organization, find out who does. Gather the various kinds of endorsementsbelow; start with the easiest and end with the hardest.

Obtain Endorsements of Conservation Organizations. Brainstorm a list and thensystematically target conservation organizations for a written endorsement of your proposal.

A Checklist, cont.

cont. from page 13

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Volume 18, Number 3 • River Network • RIVER VOICES 15

Obtain Endorsements of Recreation Organizations. Brainstorm a list (e.g., fishing,birding, boating, like-minded organizations, etc.) and then systematically target recreationorganizations for a written endorsement of your proposal.

Obtain Endorsements of Civic Organizations. Brainstorm a list and thensystematically target civic organizations for a written endorsement of your proposal. Findcivic organizations in the yellow pages or check with the Chamber of Commerce.

Obtain Endorsements of Faith Organizations. Brainstorm a list and thensystematically target faith organizations and/or associations of religious leaders for a writtenendorsement of your proposal.

Obtain Endorsements of Businesses. Brainstorm a list and then systematically targetbusinesses for a written endorsement of your proposal. Businesses will endorse a Wild andScenic River proposal because doing so would further their financial interests, the businessowner just happens to loves rivers or the business owner believes an endorsement will creategoodwill among customers (especially if a competitor declines to endorse the proposal).

Obtain Endorsements of Others. Brainstorm a list (i.e., professors, retired politicians,celebrities, etc.) and then systematically target other important individuals and local andregional organizations for a written endorsement of your proposal.

Obtain Endorsements of Newspapers. After you have a number of the endorsementslisted above, request a meeting with the editorial board or editor of each newspaper thatpublishes in the congressional district where you propose to designate new Wild & ScenicRiver. Even if you don’t secure an endorsement from a newspaper, you may at least convincethe editor or editorial board to remain neutral on the issue.

Maintain a Regular Schedule of Field Trips. You and other campaign members shouldoffer field trips on most weekends of the field season. Your organization need not beresponsible for every field trip, particularly if there is an outdoor recreation organizationavailable to lead trips. The trip leader should be coached on your proposal (and armed withbrochures) and request that each trip member promise to contact their two U.S. Senatorsand Representative in Congress and register their support for your proposal. While anaverage of five letters per week is not a landslide—if sustained, it is a groundswell.

OBTAIN POLITICAL SUPPORT

All politics is local. Build support for your proposal by starting at the lowest levels ofgovernment and moving upward. Many politicians wish for higher office and are looking foryour support, which they can gain by lending their support to your well-developed citizenproposal. Those in higher office seriously consider the positions of those in lower office,because the latter are closer to the ground and have better intelligence on what the voterswant. If you live in a rural/conservative area, don’t be constrained by past events and yourown experiences.

cont. on page 16

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16 River Network • RIVER VOICES • Volume 18, Number 3

A Checklist, cont.

cont. from page 15 Do a Poll. Commission a poll to ascertain public support for your proposal. If youcan afford an entire poll, you can test both yours and your opponent’s best arguments withthe voters. Poll only voters; politicians don’t care about citizens who don’t vote. If you don’thave enough money, you can “piggyback” a few questions on another poll. Depending onwho you are trying to impress with public support, the poll may need to be statewide, bycongressional district or only include the affected county.

Endorsement of the Federal Land Management Agency. Federal agency endorsementsare difficult to obtain, even when the Administration in Washington, DC is sympathetic toyour proposal. However, you should always try to convince the appropriate federal agency torecommend your stream segment of interest for Wild and Scenic River protection in theirland and resource management planning process. An agency endorsement is powerful, as itprovides political cover to elected officials at all levels.

Endorsement of the Administration. An endorsement by the Administration of yourproposal is helpful not so much because it persuades affected U.S. Senators or the localMember of Congress to consider your request, but because it tends to prevent the managingfederal agency from destroying the wild character of the stream segment that you are seekingto protect before Congress can act.

Endorsement of Political Parties. Seek the support of both major parties and otherminor parties as well.

Endorsement of City Council. Many cities get their drinking water from public landsthat include free-flowing streams. Another angle to use when approaching a city council forsupport is the argument that healthy streams are good for the local economy and thecommunity’s quality of life. If you cannot round up a majority of votes, get as manyindividual endorsements from city counselors as you can.

Endorsement of State Representative. While local state elected officials do not have anyofficial role in Wild and Scenic River designation, their support is nonetheless very helpful insending a signal to federal elected officials.

Endorsement of State Senator. While local state elected officials do not have any officialrole in Wild & Scenic River designation, their support is nonetheless very helpful in sendinga signal to federal elected officials.

Endorsement of County Commission. Get as many individual endorsements fromcounty commissioners as you can.

Endorsement of Other Statewide Elected Officials. The Secretary of State, the StateTreasurer, and the Attorney General often have aspirations for higher office and will endorsewidely supported citizen conservation proposals.

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Endorsement of the Governor. Anyone who has successfully been elected statewidecommands the respect of others who have also won statewide office, or want to do so.

Endorsement of Other Members of Congress. Endorsements of Members of Congresswho represent states and districts not affected by your proposal are certainly helpful,especially if the Representative is from the same state as you and your proposal, though youmust have the endorsement of the local Member of Congress for your proposal to have anychance to pass the House of Representatives.

Endorsement of Other U.S. Senators. While out-of-state support is beneficial, for issuesaffecting just one state (like a Wild and Scenic River proposal), the desires of 98 U.S. Senatorswill not outweigh that of the two Senators from the affected state.

Endorsement of the Local Member of Congress. Few Wild and Scenic Rivers have beendesignated over the objection of the affected House member. You must win support from thelocal Member of Congress representing the district through which the river flows.

Endorsement of Junior U.S. Senator. It is the nature of the U.S. Senate that themembers from the affected state, irrespective of political party, are given great deference bytheir colleagues on issues affecting only their state. You must win support for your proposalfrom the junior U.S. Senator from your state.

Endorsement of Senior U.S. Senator. It is the nature of the U.S. Senate that themembers from the affected state, irrespective of political party, are given great deference bytheir colleagues on issues affecting only their state. You must win support for your proposalfrom the senior U.S. Senator from your state.

VICTORY

Thank Everyone. You were instrumental, but your campaign never would havesucceeded without the help of countless others. Thank everyone you can remember, eventhose that were a pain to deal with.

Throw a Party. Conservationists don’t celebrate theirvictories enough. Dedicate the first half of your party tocelebrating the victory recently obtained. Dedicate thesecond half of the party to making grand plans for yournext protection effort.

Volume 18, Number 3 • River Network • RIVER VOICES 17

This article, in its entirety, can be downloaded at:http://andykerr.net/downloads/Larch1WildernessSmall.pdf

Page 18: Celebrating 40 Years: The Wild and Scenic Rivers Act

18 River Network • RIVER VOICES • Volume 18, Number 3

n May 8, 2008, our 12-year,locally led efforts came tofruition when President Bushsigned a bill into law

designating the Eightmile as a Wild andScenic River. This designation was the finalstep in an exhaustive process that centeredon the identification and study of the river’soutstanding resource values and vigilantcommunity protection efforts.

BackgroundFor a near coastal watershed, the EightmileRiver watershed is one of the last remainingforested ecosystems between Washington,DC and Boston. The mouth of the EightmileRiver empties into the Connecticut Rivereight miles north of Long Island Sound,hence its name. For about the first two-and-a-half miles upstream from its mouth theriver is tidal, although there is no salt waterincursion. The river and its tributariesrepresent over 150 miles of pristine, mostlyfree flowing forested waters. The onlyimpoundments are two mill dams datingback to the mid 18th century. These arebypassed by fish ladders that transportanadromous fish including alewives, blueback herring, sea lamprey and the occasional

sea run brown trout and Atlantic salmon.

The Eightmile River watershed is 64-squaremiles in size or about 40,000 acres equallydivided between the three main watershedtowns of Lyme, East Haddam and Salem.Large, unfragmented forest blocks are thenorm; over 80% of the watershed is forestedand only 6% is developed. Populationdensity within the watershed is quite low at87 people per square mile, compared to thestatewide average of 700 people per squaremile. Between the efforts of local andnational conservation groups along withtown and state support, over 33%, or morethan 13,000 acres, are already in permanentprotection.

The Wild and Scenic River Study identifiedsix ORVs (Outstandingly RemarkableValues): watershed hydrology, water quality,unique species and natural communities,geology, watershed ecosystem and culturallandscape. Outside of the free flowingrequirement only one ORV is required toqualify for Wild and Scenic inclusion.

The Impetus The Connecticut chapter of The Nature

Conservancy and the University ofConnecticut’s Cooperative ExtensionService initiated a study of thewatershed in the mid-1990s. Thiswas an effort to take a cooperative,collective look at the watershed. Ifthe towns were to be successful inprotecting one of the last nearlypristine, near coastal watersheds onthe east coast it was felt that jointcooperation was essential. In a statethat prides itself on independentmunicipal government this was newground. After five years of study,using already available scientific andother information, we concludedthat this was indeed a special place,

CASESTUDY

Introducing the Latest Addition:

The Eightmile Riverby Anthony Irving

Eightmile Wild & ScenicCoordinating Committee

www.eightmileriver.org O

Photo:Joel Stocker

Paddling theEightmile River

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Volume 18, Number 3 • River Network • RIVER VOICES 19

and all the partners agreed that newstrategies were needed for long-termprotection. We decided that applyingfor Wild and Scenic designationwould provide us with the resourcesto take a closer look at the watershedattributes, strategies for mitigationand protection and promotion andeducation of the watershed to thepublic. Without buy in from thecitizens and municipalities, we feltthat sustainable protection strategieswould be difficult. We initiated the processfor Wild and Scenic designation in 2001when then first term Congressman, RobSimmons, along with full support from theentire Connecticut delegation introducedour study bill as the first bill of the 100thCongress. This was followed by introductionin the Senate from Senator Chris Dodd. TheStudy Bill was signed by President Bush inNovember of 2001. In May of 2008, havingsatisfied the congressional criteria forinclusion, the Eightmile officially becamepart of the Wild and Scenic River family.

Staying positiveThe study process, including communityoutreach, lasted a little over four years. Thefunding allowed under the bill for scientificresearch and managerial assistance, plus thethousands of volunteer hours, onlyreinforced the findings of our 1990s’ work.Never during that period did we feeldiscouraged. In fact town support inside andout of the watershed was so overwhelminglyin favor of designation that there was noquestion that we needed to succeed in ourefforts.

Keys To SuccessCommunity participation and buy in.Congress mandates that for a river tobe considered for designation you notonly have to do the science todemonstrate the river’s ORVs anddevelop a Management Plan thataddresses the protection of theseresources, but you must demonstratethat the public not only wantsdesignation, but that they are readyand willing to implement theManagement Plan. Through numerouspublic events, mailings and presscoverage, we attempted to educate thepublic and keep them in the loop as tothe importance and value of theEightmile River watershed to theircommunities as well as the communitybenefits that could accrue withdesignation.

Be open and forthcoming. In ourefforts, there is no quicker way to sowdisaster than by creating distrust. It iseasy to “guild the lily” when you feelthe cause is just, but if the publicsuspects that you are being less thanhonest and forthcoming in presentingthe case for designation, credibilityquickly fades.

1

2

Map of the Eightmile River

Connecticut

cont. on page 20

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20 River Network • RIVER VOICES • Volume 18, Number 3

Include townboards andcommissions increating theManagementPlan. If boardsand commissionsare expected toimplement theManagementPlan, they have tohave theopportunity toprovide input. Inessence they mustbe stakeholders.They also bringideas and solutions to the table that comes from their experience of working in thepublic domain. This becomes a reality check as to what is or isn’t doable from aregulatory perspective.

The People. Caring people, smart people, knowledgeable people, motivated people,friendly people—assemble a team that fits the tasks required to get the job done andhave fun doing it.

Lessons LearnedMake sure a Wild and Scenic Designation is a good fit with the goals of thecommunity. This is a long process that is more work and time consuming thanyou may think it will be. If after all is said and done the public isn’t interested,then a good chunk of your life has been consumed with little to show for it.

Be patient. Be steady, but take the time needed to do the job right. Good sciencetakes time, as does formulating the Management Plan. The Management Planbecomes the template for everything that gets done on the river way into thefuture and a good Management Plan requires good science.

4

3Eightmile River, cont.

cont. from page 19

Phot

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Looking south to where the Eightmile and Connecticut Rivers meet at HamburgCove. Long Island Sound is in the distance.

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Volume 18, Number 3 • River Network • RIVER VOICES 21

Middle Fork Clearwater, Idaho 1968Eleven Point, Missouri 1968Feather, California 1968Rio Grande, New Mexico 1968 & 1994Rogue, Oregon 1968St. Croix, Minnesota & Wisconsin 1968Middle Fork Salmon, Idaho 1968Wolf, Wisconsin 1968Allagash Wilderness Waterway, Maine 1970St. Croix (Lower) Minnesota & Wisconsin 1972 & 1976Little Miami, Ohio 1973 & 1980Chattooga, Georgia, North and South Carolina 1974Little Beaver, Ohio 1975Snake, Idaho & Oregon 1975Rapid, Idaho 1975New, North Carolina 1976Missouri, Montana 1976Flathead, Montana 1976Obed, Tennessee 1976Rio Grande, Texas 1978Missouri, Nebraska & South Dakota 1978 & 1991Pere Marquette, Michigan 1978Skagit, Washington 1978Delaware (Upper), New York & Pennsylvania 1978Delaware (Middle), New Jersey & Pennsylvania 1978North Fork American, California 1978Saint Joe, Idaho 1978Salmon, Idaho 1980Alagnak, Alaska 1980Alatna, Alaska 1980Aniakchak, Alaska 1980Charley, Alaska 1980Chilikadrotna, Alaska 1980John, Alaska 1980Kobuk, Alaska 1980Mulchatna, Alaska 1980North Fork Koyukuk, Alaska 1980Noatak, Alaska 1980Salmon, Alaska 1980Tinayguk, Alaska 1980Tlikakila, Alaska 1980Andreafsky, Alaska 1980Ivishak, Alaska 1980Nowitna, Alaska 1980Selawik, Alaska 1980Sheenjek, Alaska 1980Wind, Alaska 1980Beaver Creek, Alaska 1980Birch Creek, Alaska 1980Delta, Alaska 1980Fortymile, Alaska 1980Gulkana, Alaska 1980Unalakleet, Alaska 1980Klamath, California 1981Trinity, California 1981Eel, California 1981American (Lower), California 1981Smith, California 1981 & 1990

Verde, Arizona 1984Tuolumne, California 1984Au Sable, Michigan 1984Owyhee, Oregon 1984Illinois, Oregon 1984Loxahatchee, Florida 1985Horsepasture, North Carolina 1986Cache la Poudre, Colorado 1986Black Creek, Mississippi 1986Saline Bayou, Louisiana 1986Klickitat, Washington 1986White Salmon, Washington 1986Merced, California 1987 & 1992Kings, California 1987Kern, California 1987Wildcat Brook, New Hampshire 1988Sipsey Fork West Fork, Alabama 1988Big Marsh Creek, Oregon 1988Chetco, Oregon 1988Clackamas, Oregon 1988Crescent Creek, Oregon 1988Crooked, Oregon 1988Deschutes, Oregon 1988Donner und Blitzen, Oregon 1988Eagle Creek, Oregon 1988Elk, Oregon 1988Grande Ronde, Oregon 1988Imnaha, Oregon 1988John Day, Oregon 1988Joseph Creek, Oregon 10/28/88Little Deschutes, Oregon 10/28/88Lostine, Oregon 1988Malheur, Oregon 1988McKenzie, Oregon 1988Metolius, Oregon 1988Minam, Oregon 1988North Fork Crooked, Oregon 1988North Fork John Day, Oregon 1988North Fork Malheur, Oregon 1988North Fork Middle Fork Willamette, Oregon 1988North Fork Owyhee, Oregon 1988North Fork Smith, Oregon 1988North Fork Sprague, Oregon 1988North Powder, Oregon 1988North Umpqua, Oregon 1988Powder, Oregon 1988Quartzville Creek, Oregon 1988Roaring, Oregon 1988Salmon, Oregon 1988Sandy, Oregon 1988South Fork John Day, Oregon 1988Squaw Creek, Oregon 1988Sycan, Oregon 1988Upper Rogue, Oregon 1988Wenaha, Oregon 1988West Little Owyhee, Oregon 1988White, Oregon 1988Bluestone, West Virginia 1988

Rio Chama, New Mexico 1988Middle Fork Vermilion, Illinois 1989East Fork Jemez, New Mexico 1990Pecos, New Mexico 1990Clarks Fork Yellowstone, Wyoming 1990Niobrara, Nebraska 1991Bear Creek, Michigan 1992Black, Michigan 1992Carp, Michigan 1992Indian, Michigan 1992Manistee, Michigan 1992Ontonagon, Michigan 1992Paint, Michigan 1992Pine, Michigan 1992Presque Isle, Michigan 1992Sturgeon, Michigan (Hiawatha National Forest) 1992Sturgeon, Michigan (Ottawa National Forest) 1992Tahquamenon (East Branch), Michigan 1992Whitefish, Michigan 1992Yellow Dog, Michigan 1992Allegheny, Pennsylvania 1992Big Piney Creek, Arkansas 1992Buffalo, Arkansas 1992Cossatot, Arkansas 1992 & 1994Hurricane Creek, Arkansas 1992Little Missouri, Arkansas 1992Mulberry, Arkansas 1992North Sylamore Creek, Arkansas 1992Richland Creek, Arkansas 4/22/92Sespe Creek, California 1992Sisquoc, California 1992Big Sur, California 1992Great Egg Harbor, New Jersey 1992Westfield, Massachusetts 1993Maurice, New Jersey 1993Red, Kentucky 1993Big and Little Darby Creeks, Ohio 1994Farmington (West Branch), Connecticut 1994Klamath, Oregon 1994Wallowa, Oregon 1996Clarion, Pennsylvania 1996Lamprey, New Hampshire 1996 & 2000Elkhorn Creek, Oregon 1996Lumber, North Carolina 1998Sudbury, Assabet, Concord, Massachusetts 1999Wilson Creek, North Carolina 2000Wekiva, Florida 2000White Clay Creek, Delaware & Pennsylvania 2000Donner und Blitzen, Oregon 2000Wildhorse and Kiger Creeks, Oregon 2000Delaware (Lower), New Jersey & Pennsylvania 2000Rio Mameyes, Puerto Rico 2002Rio de la Mina, Puerto Rico 2002Rio Icacos, Puerto Rico 2002Westfield, Massachusetts 2004Black Butte, California 2006Musconetcong, New Jersey 2006Eightmile, Connecticut 2008

Rivers Protected Under the Wild and Scenic Rivers ActRivers listed chronologically by date of designation ~ 166 listed as of October 2008

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22 River Network • RIVER VOICES • Volume 18, Number 3

or one river organization, theWild and Scenic Rivers Act hastaken on a whole othermeaning: it has become the

namesake for their annual membershipevent and honors its successful lobbyingefforts to win Wild and Scenic status for 39miles of ‘their’ river in 1999. The South YubaRiver Citizens League (SYRCL, pronounced“circle”) started the Wild & ScenicEnvironmental Film Festival in 2003 incelebration of its 20th anniversary and as away to build community within the Yubawatershed. Over the past seven years, it hasbecome the largest environmental filmfestival in the United States, featuring 125films, 7 venues, 80 guest speakers and closeto 5,000 attendees.

SYRCL is a watershed advocacy groupbased in Nevada City, CA, nestled amongthe foothills of the Sierra Nevada. In 1983, asmall group of concerned citizens bandedtogether to fight against several proposeddams on the Yuba River. SYRCL is nowsupported by 7,000 members and 600 activevolunteers, making SYRCL one of thelargest single-river organizations in thenation. It serves an active role in pioneeringriver programs that ensure the health of ourrivers and currently lead the charge torestore the salmon populations in the Yubawatershed. The success of these effortsconnects citizens to the source of theirwater and highlights the benefits whichsustain our communities.

SYRCL is now sharing its successwith environmental groupsnationwide by packaging their 3-day event into a 3-hour tourprogram called Wild & Scenic OnTour. Groups use a tour venue as away to engage a community andincrease their network of support.It serves as an effective tool forbuilding bridges within acommunity and promoting theirorganization to a wide array ofpeople in a friendly, neutral andeducational atmosphere. Over thepast year, the tour has reachedeighty towns and cities across thecountry, creating a network ofgrassroots organizationsconnected by a common goal: touse film to inspire activism.

Wild & Scenic On Tour is a greatway for any group that hasachieved—or is workingtowards—a river with Wild andScenic status to celebrate theprecedence of the landmarkdecision that protects our wildrivers and watershed ecosystems.

Putting the “ACTion” in the Wild and Scenic Rivers Act:

Hosting a Film Festival

Fby Susie Sutphin

South Yuba RiverCitizens League

www.yubariver.net

The Wild and ScenicYuba River

Photo: SYRCL

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Volume 18, Number 3 • River Network • RIVER VOICES 23

If your organization islooking for an effective wayto reach out and increaseyour network of support,you should considerhosting a tour in yourcommunity.

Wild & Scenic On Touroffers a turn-key programthat is affordable and easyto execute. It takes all theguess work out of planninga premier event by offeringyou a pre-screenedselection of environmentalfilms, promotionalmaterials, acomprehensiveplanning guide and atoolkit. You pick thefilms and the dateand Wild & Scenic OnTour sends you thefestival-in-a-box!Even if your grouphas never doneanything of this sizeand nature, the Wild& Scenic On Tour staffwill walk you through theprocess for a seamlessproduction. It’s that easy!

For more information, contact Susie Sutphin, tour manager, at [email protected], 530-582-5334. Visit their website at www.wseff.org and review the details under the “On Tour” tab.As an environmental group, your organization may be eligible for a Patagonia Wild & ScenicGrant to help you put on your tour. Patagonia shares the festival’s belief that film canmotivate people to effect change and feels that the best way to gain new environmentalactivists is to give grassroots groups a means of reaching that goal. As a result, Patagoniaestablished the Wild & Scenic Grant to help interested groups pay for the festival kit. Youcan review the grant guidelines and criteria at http://wseff.org/tour.

Promoting Wild & Scenic On Tour

Phot

o:SY

RCL

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24 River Network • RIVER VOICES • Volume 18, Number 3

ild and Scenic Riverdesignation not onlypreserves many of America’smost unique and beautiful

natural areas; it can also have a significantand positive economic impact on localcommunities. Though often overlooked, thereality is that the economic benefits ofpreserving such areas often far outweighblindly development oriented and short-term thinking.

According to the Travel Industry Associationof America, travel and tourism is a $1.3trillion industry in the United States andgenerates more than $100 billion in taxrevenue for local, state, and federalgovernments. The benefits of tourism arenot limited to the populations of large citiesor developed areas. In fact, the naturalenvironment is a major draw, attracting alarge and growing percentage of the nation’stravelers. The influx of tourists can boostlocal economies and land values, and createnew jobs, as hotels, restaurants, sportinggoods stores and other new buildingscatering to the needs of visitors.

Trends in tourism are clear: Americantravelers are choosing more rural and out-of-the-way destinations, focusing oncultural, historic and natural resources. Over4 million tourists visit Wyoming annuallyand contribute over $1.9 billion to the stateeconomy. In 2002, over 28,000 jobs werecreated by tourism, making it the secondlargest industry in Wyoming. Anglers alonespent $423 million in the state over thecourse of that year, creating more than 3,500jobs which would not exist without healthyand attractive rivers and fisheries. In thecountry as a whole, the number ofAmericans “going fishing” rose by 5.2% to$43.3 million in 2005, according to anational survey conducted by the NationalSporting Goods Association. With waterquality a significant concern for most

fishermen (ranked as the biggest problemfacing anglers today by 25% of therespondents to a 2005 survey conducted bythe American Sportfishing Association),preserving the beautiful and natural state ofour nation’s most outstanding rivers makessense economically as well as aesthetically.Keeping rivers pure makes them moreattractive to anglers tired of fishing inoverly degraded areas, bringing in greaternumbers of visitors and boosting the localeconomy. In addition, sport-fishing is farfrom the only draw provided by naturaland protected rivers. Whitewater rafting,kayaking, and other water-based recreationare all significant attractions to both in-state and out-of-state visitors attracted towild and beautiful rivers.

Land values, often a concern of privatelandowners in the vicinity of potential Wildand Scenic rivers, are in fact typicallyboosted by the protected status of rivers.Just as the natural beauty of these riversattracts short-term recreational visitors, italso draws in wealthy people looking toretire or establish vacation homes in whichthey can enjoy open spaces and a higherquality of life than that found in crowdedcities. The interest of people looking toacquire private land drives up propertyvalues to the benefit of local landowners. Italso boosts the economy of regions nowprovided with the need for high-payingoccupations in healthcare, engineering andbusiness services as well as the lower-wagejobs found in restaurants and new hotels.On the Delaware River, land values roughlydoubled in the designated corridor between1978 and 1986; during that same period,land values in nearby areas outside theDelaware valley increased only marginally.Another survey showed that the same wastrue of private land values along the RogueRiver in Oregon. A number of communitieshave already recognized and acted to seizethe economic opportunities provided by

Good for Both River Bottoms and the Bottom Line:

Protected Rivers Help Strengthen and

Diversify State and Local Economies

by American Rivers

www.americanrivers.org W

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Volume 18, Number 3 • River Network • RIVER VOICES 25

attractive Wild and Scenic rivers as well asother beautiful publicly protected lands. InWest Virginia, the New River was designatedas a national river with strong backing fromthe local chambers of commerce, whichperceived that positive benefits would cometo an economically depressed area as a resultof Wild and Scenic river designation.

This is not to say that every protected riverwill directly stimulate the economy of localregions. Many protected rivers are too smallor too remote to sustain high recreation useor attract many visitors; it is the moreaccessible rivers with roads and relativeproximity to metropolitan areas that willbenefit the most. In addition, because Wildand Scenic rivers have a protected ripariancorridor and are by definition intended to bekept in a natural state, any developmentintended to take advantage of ecologicaltourism must be set back some distanceaway from the river itself. Still, there is a rolefor protected rivers in a state’s economy. Onestudy, done in Colorado, notes that the statecould have as many as fourteen designatedWild and Scenic Rivers before a saturationpoint in revenues from the river-tourismeconomy is reached. As of mid-2006,Colorado has only one designated river, theCache La Poudre. Many opportunities existto utilize Wild and Scenic River designationthat would both aid local economies andpreserve naturally beautiful rivers. When themany benefits of designation are not fullyunderstood, these opportunities go to waste.

Local resistance to the idea of adding a riverto the Wild and Scenic system in the westernU.S. often derives from a commonly heldview that the West is still economicallydependent on public lands for logging, gasand mineral extraction. Historically, theseindustries indeed played a significant role ineconomic development and have, in fact,helped shape a Western sense of pride,identity and culture. It is often believed thatrestrictions on new mining or other sorts of

resource extraction that affect Wild andScenic rivers or their protected ripariancorridors will damage industries seen asvital to the economic health of a region. Infact, the economic benefits of theseindustries are far overstated. According tostudies by the Sonoran Institute, they havenot been a significant source of new jobs orpersonal income in the last three decades.Competition with foreign nations withlower costs of labor and consequently lowerprices for mineral extraction has undercutthe mining industry in the U.S. andsignificantly diminished its role in theeconomic health of most Western regions.By 2000, the impact of mining, logging andother resource extraction was reduced toonly 5% of total personal income inWestern states and is still declining. Manyregions once dependent on thesehistorically vital industries have becomeeconomically depressed as a result of theirdeterioration and are now in need ofanother source of income in order to avoida greatly diminished quality of life. Takingadvantage of the spectacular beauty ofrivers that qualify for Wild and Scenic statusis a legitimate way in which loss of industrycan be offset.

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River Rally 2007participants enjoythe Wild and ScenicWhite SalmonRiver,Washington

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26 River Network • RIVER VOICES • Volume 18, Number 3

ongress created the Wild andScenic Rivers Act in 1968 toprotect the nation’s best free-flowing rivers from activities that

would destroy their wild character. FossilCreek is a unique example of diverseinterests coming to a consensus that a place,its cultural and historic values, the nativewildlife, the unusual geologic formations,the breathtaking beauty and the area’sinherent wild value are priceless. A Wild andScenic designation for Fossil Creek is one ofthe greatest opportunities we have to ensurethat our children will enjoy what ourgrandparents have not: watching theaquamarine waters rush by, sustaining anexplosion of life in the desert.

BackgroundFossil Creek is a narrow, turquoise coloredribbon of water that passes through aremote, rugged and deep canyon. Thecreek’s springs emerge from the ground atan invitingly warm 72 degrees Fahrenheityear round with rapids, pools and waterfallsintermingling over its 14-mile length. Alongthe creek’s banks, the vegetation is denseand diverse with grasses, chokecherrys,mesquites, Freemont cottonwoods, willows,sycamores and velvet ash—some of which

overhang the water. Six native fish speciesfind refuge in the clear waters of FossilCreek, while terrestrial inhabitants includeblack bear, porcupine, numerous snakespecies, mountain lion, javelina, ringtail catsand many others. Most people wouldconsider such a place exquisite, and becauseFossil Creek is located in arid Arizona, thefree flowing conditions and health of thewaterway are invaluable.

Dewatering the CreekFossil Creek is located in the centralArizona highlands, a geographic regionknown as the “transition zone.” Thistopography of high peaks and deep canyonsspans central Arizona from west to east andis the separation between the ColoradoPlateau to the north and the basin andrange desert to the south. The MogollonRim (pronounced Mo-gee-on), a 200+ mileescarpment with an average elevation of7,000 feet, lies just north of Fossil Creek andprovides the runoff water that emerges fromthe springs and the spectacular scenery.Around 1864, Fossil Creek was noted on amap by early Anglo-European explorers andwas given its name due to the travertineformations which were mistaken as fossils(Barnes, 1960). In 1901, a rancher was

astounded to find the springsgushing at 43 ft3/s (approximately20,000 gallons per minute) andquickly purchased the water rightsfor Fossil Creek, hoping to convertthe water’s kinetic energy intohydroelectric generated electricity.In 1907, Arizona Public Service(APS) was formed and beganconstruction of the ChildsHydroelectric Plant, located justupstream of the confluence ofFossil Creek and the Verde River;the plant went online in 1909.Shortly after, in 1914, constructionof a second plant, the Irving

CASESTUDY

When Fossils Come Back to Life:

From No Water to Wild Watersby Sam Frank

Arizona WildernessCoalition

www.azwild.org C

Pictures of the samelocation before andafter the water was

restored to Fossil Creek

Photo:Nick Berezenko

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Volume 18, Number 3 • River Network • RIVER VOICES 27

Hydroelectric Plant,began about mid wayup Fossil Creek andwent online in 1916(Masson, 1976). Inorder to maximizeelectrical generation, awooden flume and aconcrete diversion dammeasuring 25 feet highand 120 feet acrosswere constructed byremoving 95% of thewater flowing in FossilCreek. Electricityproduced from the twoplants initially suppliedall of Yavapai County and eventually alsosupplied 70% of the electrical demand forPhoenix, then a city of 40,000+ inhabitantsby the mid 1920s. (Masson, 1976).

Eligibility for

Wild and Scenic StatusIn 1992, APS’ 50-year operating license cameup for renewal under jurisdiction of theFederal Energy Regulatory Commission(FERC). A public comment period elicited agreat amount of support for restoring thenatural flows in Fossil Creek. The FERCdetermined that the structural state of thehistoric power plants was deteriorating, theamount of electricity generated wasinsignificant (approximately 1/4 of onepercent of APS’ total energy output), andthat the ecological benefits of restoringwater to the creek were substantial. Aftermany years of negotiations, APS, the Centerfor Biological Diversity, the Yavapai-ApacheNation, American Rivers, The NatureConservancy, Northern Arizona AudubonSociety, the Grand Canyon Chapter of theSierra Club, Tonto and Coconino NationalForests and the Arizona Riparian Councilreached the historic agreement in 1999 to

decommission the power plantsand return flows to Fossil Creek.In 2003, the Arizona WildernessCoalition (AWC), in partnershipwith Prescott College, completed a Wildand Scenic river study that documented thenumerous Outstandingly RemarkableValues (ORVs, not to be confused with off-road vehicles) of Fossil Creek, whichincluded geology, ecology, wildlife, fish,cultural, historic, recreation and scenicvalues. This proposal found the entire 14miles of the creek as eligible for inclusioninto the National Wild and Scenic RiversSystem, with a proposed 9 miles designatedas Wild and 5 miles designated as Scenic.Two years later in June 2005, APSvoluntarily closed the plants after nearly acentury of operation and full flows werereturned to this desert ribbon of life.

Building

Community SupportUnlike many protective federal land andwater designations, the proposal of FossilCreek as a Wild and Scenic River receivedlittle opposition. AWC’s former Central

cont. on page 28

Details of the proposed Wild and Scenic section

Arizona

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28 River Network • RIVER VOICES • Volume 18, Number 3

Arizona Director, Jason Williams, kept afeverish pace to build awareness andsupport for the protection of Fossil Creek.Within a few years, Williams and otherAWC staff, volunteers and supporters hadgiven educational presentations to citygovernments, interest groups, NativeAmerican nations, educational institutions,sporting groups, utility companies and thegeneral public. Field trips were arranged togive people a chance to visit the creek andimmerse themselves in the dense diversityof life that contrasted with the harsh, aridlandscape characteristic of central Arizona.In many cases, letters of support werewritten for Fossil Creek’s inclusion in theNational Wild and Scenic Rivers System.Fossil Creek made a surge of appearancesin media outlets including newspapers,television, magazines and newsletters ofinterest groups. It seemed everyone—including the general public, hugecorporations, Native Americannations,ranchers andfederal, state andmunicipal agencies—were in favor ofpermanent protections for the waters andoutstanding values of Fossil Creek.

Fossil Creek is an ideal candidate forArizona’s second Wild and Scenic River.Currently, the only Wild and Scenic Riverin the state is the middle portion of theVerde River, into which Fossil Creek drains.The restoration of flows to Fossil Creek and(hopefully) subsequent designation as aWild and Scenic River present an excellentopportunity to maintain and restore anative fishery for six Arizona native species.This is significant in a state where, out ofthe 36 fish species native to Arizona, one isofficially extinct, two have been eliminatedfrom their Arizona range and 18 are listedas threatened or endangered. The‘re-birth’of Fossil Creek is also culturally significantto the Yavapai-Apache Nation, whotraditionally hunted, gathered andinhabited the area and still to this day have

strong spiritual ties with the landscape. In amore recent social context, Fossil Creek hasbecome a recreation hotspot with 200dispersed campsites, 2,200 day hikers, and1,000 backpackers per year. Wild and ScenicRiver designation will help the U.S. ForestService focus management on protection ofthe natural environment and secureincreased funding for a full time rangerwho can monitor and oversee protection ofFossil Creek.

Introduction to CongressIn January of 2007, at the beginning of the110th Congress, Senator John McCain (R-AZ) introduced legislation in the Senatewhile Congressman Rick Renzi (R-AZ)introduced twin legislation in the House todesignate Fossil Creek a Wild and ScenicRiver. The Fossil Creek Wild and ScenicRiver Act of 2007 (S. 86 and H.R 199)gained the support of almost the entireArizona delegation, including Senator JonKyl (R). It seemed designation of FossilCreek as a Wild and Scenic River wasflowing as smoothly and unobstructed asthe waters within the creek, but politics—like creeks—can take unexpected turns.

To follow theprogress of Fossil

Creek on its way tobecoming a Wildand Scenic River,

visit: www.azwild.org/action/

FossilCreek.php

A travertine dam naturally formed when Calcium Carbonate(CaCO3) settles out of the water, creating pools and dropsthat are ideal for native fish.

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cont. from page 27

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Volume 18, Number 3 • River Network • RIVER VOICES 29

Although Senator McCain andCongressman Renzi seemed to jump out ofthe starting gate with enthusiasm, theprogress of the legislation lost momentum.Whether it was due to other commitmentsor to the nature of politics in Washington isuncertain. Since introduction in 2007, onlythe Senate version (S. 86) of the bill hasseen progress: it was read to the Senate andreferred to the Committee on Energy andNatural Resources back in April of 2008.

So Close, Yet…With the close of the 110th Congressapproaching, AWC and American Rivershave been working to keep the possibilityof designating Fossil Creek viable withouthaving to reintroduce the bill to the 111th

Congressional session. In June 2008,

Senator Jeff Bingaman introduced theOmnibus Public Land Management Act of2008 (S. 3213) which includedauthorizations for activities in theDepartments of the Interior andAgriculture, additions to the NationalWilderness Preservation System, andadditions the National Wild and ScenicRivers System, one of which is thedesignation of Fossil Creek. Littlelegislative progress has occurred with S.3213 and with the hyperactivity of anelection year in full swing, future progressis uncertain. AWC along with the manyother groups, institutions, municipalities,Native American nations and members ofthe public can only hope Congress will seethe value and ethical importance ofprotecting our national treasures beforethey are gone forever.

Literature Cited:Barnes, Will C. 1960. Arizona Place Names. Revised and enlarged by Byrd H Granger. Tucson,University of Arizona Press

Masson, R. S. 1976. The Child-Irving Hydro-Electric Project: A national historic mechanical engi-neering landmark. The American Society of Mechanical Engineers. New York, NY

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30 River Network • RIVER VOICES • Volume 18, Number 3

CASESTUDY

River Management through Partnerships:

The Niobrara Council

he Niobrara River, a tributary tothe Missouri River, isapproximately 430 miles inlength and drains over 12,000

square miles of the Sandhills, one of thelargest stabilized dunefields in the world.The Ogallala Aquifer, which extends intoTexas, underlies the hills. The watershed ishost to numerous unique biological featuresincluding over 90 waterfalls, elk, mule andwhite tail deer, coyotes, red foxes, bobcats,mink and badgers. Over 200 species of birds,29 species of amphibians and variousspecies of fish—including trout in the coldwater tributaries—also are found in theregion.

In 1991, a 76-mile stretch of the NiobraraRiver spanning 4 counties was introducedinto the federal Wild and Scenic Riverssystem. The National Park Service managesthe river through partnerships with theGame and Parks Commission, the U.S. Fishand Wildlife Service, various NaturalResources Districts and the Niobrara

Council.

The CouncilThe Niobrara Council is a 16-memberboard whose mission is to assist in allaspects of management of the NiobraraNational Scenic River. The creation of alocal administrative council was mandatedin the original 1991 Scenic Riverdesignation [16 U.S.C. 1274(a)(117)]; statelegislation in 2000 created a State ofNebraska-recognized Council and providesfurther support.

The Niobrara Council consists ofrepresentatives from the county boards;landowners from all four counties; a localrecreation industry representative; a localtimber industry representative; NaturalResource District representatives; theNebraska Game and Parks Commission; arepresentative from a nonprofit,conservation organization; and a non-voting member from both the NationalPark Service and the U.S. Fish & WildlifeService.

Working TogetherThe Niobrara Council serves as the “table”where these diverse interests come togetherto make management decisions throughpartnerships and cooperative agreements.The wide spectrum of issues addressedincludes education, infrastructure,sanitation, noxious weed control,conservation easements and local countyzoning. The Council plays a significant rolein corridor land protection, with specificallydefined zoning authority and the right topurchase, accept or trade real estate andobtain conservation easements.

by Kalli J. Kieborz

Niobrara Council

www.niobraracouncil.org

“Boundaries don’t protect rivers, people do.”— Brad Arrowsmith, former Chair of The Niobrara Council

T

Photo:Niobrara Council

The Niobrara Riverbecame part of the

Wild and ScenicSystem in 1991.

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Volume 18, Number 3 • River Network • RIVER VOICES 31

Through the coordination and mediationefforts of the Niobrara Council, manyprojects and issues are being addressed,including:

★ The installation of four permanentrestroom facilities located along thecanoeable stretch of the Niobrara,serving thousands of recreationalistsannually;

★ The removal of three semi-truck loadsof junk cars from the banks, and thedamaged area planted with nativegrasses;

★ The formation of the Middle NiobraraWeed Awareness Group to combatnoxious and invasive weeds in theNiobrara River corridor;

★ The use of the Niobrara River as a“classroom” by youth outdooreducation camps;

★ Securing four million dollarsearmarked through Congress for roadimprovements to the valley;

★ Ongoing conservation easementprojects in all four counties;

★ Oversight of controlled burn projects;

★ Oversight of corridor zoning projects;and

★ Many other activities, too numerous tomention.

Today’s thriving Council provides a workingmodel of successful resource managementthrough dynamic local/governmentalpartnerships. Despite the considerablediversity of its membership, withrepresentatives coming from all over thestate, everyone knows that the NiobraraRiver is their main priority and the reasonthey have all come together.

Lessons Learned Always err on the side of more information.

With a board of the size of the NiobraraCouncil (sixteen), it is very important to getinformation out to members ahead of themonthly meeting. We have a pre-meetingpacket mailing one week prior to everymeeting. In that pre-meeting packet, theywill receive anything that will requirereading, action, anticipated lengthydiscussion or possible committee meeting.We rely heavily on committees, and lean onthem for recommendations to the fullboard at nearly every meeting, dependingon the issues at hand.

Tips for SuccessCommunicate! Use mail, email, phone,internet, website—whatever it takes—but tothe extent possible and reasonable, remainin contact at all times. In the case of theNiobrara Council, it is very important forus to regularly communicate with ourlandowners in all four counties as well asour board members. We host annuallandowner BBQs in various locationsthroughout the watershed where we discussa current topic of concern. Themes haveranged from conservation easements toforestry fuel load reduction and instreamflows. We make a strong effort to stay intouch with that very valuable group ofstakeholders; they are the ones that theCouncil represents in management of the

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Rocky Ford Rapidon the NiobraraRiver, Nebraska

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★We have spent years workingto build support for gettingUtah’s outstanding rivers,especially the Green River,permanent protection andrecognition under theNational Wild and ScenicRivers Act. The Green Riverrepresents everything “wildand scenic,” as it travels over400 miles in Utah alone—passing through two nationalparks, a state park, wildliferefuges and thousands ofacres of wilderness. The

biggest obstacle we have faced in our efforts is replacing the public’s and elected officials’fears and misinformation about the evils of a Wild and Scenic designation with the facts. Aspeople learn the truth, they have become more supportive; they realize it does not lock outpeople, but rather is designed to ensure that when our children visit the Green River in thefuture, they will have the same incredible experience we can have there today. We havemade progress, but a lot of work remains due to many threats to the Green River, such as anuclear power plant and oil and gas drilling in the river corridor.

Utah Rivers Council (UT)www.utahrivers.org

32 River Network • RIVER VOICES • Volume 18, Number 3

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ELD Local groups play a critical role in the designation and management of

Wild and Scenic Rivers. Below is a brief look at what some groups aredoing with regards to rivers being considered—or already protected—under either a state or the federal Act.

The Skagit River (WA) was designated under the federal Wild and Scenic Rivers Act in1978. The Skagit Wild and Scenic River System includes 158.5 miles of the Skagit Riverand its tributaries—the Sauk, Cascade and Suiattle rivers. Early in the 1990s, severalorganizations in the Skagit began meeting informally on sub-basin and watershed-scale issues. Over time, these groups evolved as people became familiar with each otherand the interconnected nature of their interests and concerns. The Forest Servicehelped to coordinate informational meetings among agencies and organizations aspart of the interim watershed assessment process under the Northwest Forest Plan. By1997, these relationships were formalized as the Skagit Watershed Council, anumbrella organization of 38 members with disparate interests, missions andphilosophies but with one overriding common interest: the restoration of the SkagitRiver watershed and its resident salmon. The Council remains an active participant inthe conservation and management of the Wild and Scenic Skagit.

Skagit Watershed Council (WA)www.skagitwatershed.org

Photo:Dan M

iller

Green River, Utah

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Volume 18, Number 3 • River Network • RIVER VOICES 33

VOICES FRO

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E FIELDCedar Creek is one of only three rivers designated by Indiana under its “Natural, Scenic &Recreational Rivers Act.” It achieved the lowest of the three rankings (back in 1975),attaining 15 points out of 24 (12 - 16 point rivers are designated as ‘recreational’ rivers),while the Wildcat and the Blue rivers attained either ‘Scenic’ or ‘Natural’ designations. Manyothers rivers have been studied, but none have attained the minimum 12 points.

A current struggle exists between a developer and the citizens who wish to protect CedarCreek. The developer wants to insert a ‘forced main’ sewer line under the floodplain and thecreek, extending development to the north. A poetic defense, with photos, may be found ona local blog site:

http://berrystreetbeacon.wordpress.com/2008/06/10/cedar-creek-an-ill-wind-blowing/

The main risk, aside from the forced main’s ultimate, inevitable leakage (chaos does indeedoccur if given time), is the reduction in scenic beauty, increased erosion/sedimentation andloss of view from the ‘utility’ cut through the unbroken timber of Cedar Creek’s valley wallsand lowlands, as well as the houses/decks perched along the top of the geologically-denominated ‘tunnel’ ridge line.

Unfortunately, Indiana’s Act provides no real protection to the river. The Department ofNatural Resources, which administers the program, has no funds or mandate to purchaseconservation easements—the mechanism supposedly in place to enforce the designation—andcan only ‘study’ the issues upon request. It appears the most likely result of such a studywould be the threat of ‘delisting’ the river.

Cedar Creek Wildlife Project, Inc. (IN)www.angelfire.com/in3/cedarcreek

The White Clay Creek watershed (DE/PA) isthe first designated Wild and Scenic River inthe United States admitted on a watershedbasis instead of the typical river corridordesignation. The watershed spans the states ofDelaware and Pennsylvania, rural and urbanlandscapes, piedmont and coastal plainhabitats and has a celebrated history ofgrassroots support for conservation. TheWatershed Management Committee is madeup of private, nonprofit and governmentalorganizations from both states. The group hasbeen very effective in preserving open space,conducting educational community outreachand monitoring resources and potentialimpacts to those resources. Seventeen percentof the watershed is protected open space. OnJune 3, 2008, the University of Delaware’sInstitute for Public Administration-WaterResources Agency presented a State of the

Watershed report to more than 100 partners of the White Clay Creek Wild andScenic River program during a celebration of the 40th anniversary of the NationalWild and Scenic River Act.

Wild and Scenic White Clay Creek (DE/PA)www.whiteclay.org

Photo:Chuck Barscz

WhiteClay Creek

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34 River Network • RIVER VOICES • Volume 18, Number 3

American Rivers’ Go Wild! Campaign seeks to secure Wild andScenic designation for our last, best rivers—to preserve theirbeauty, health and wonder for current and future generations.www.americanrivers.org

The Nationwide Rivers Inventory (NRI) is a listing of morethan 3,400 free-flowing river segments in the United States thatare believed to possess one or more “outstandingly remarkable”natural or cultural values judged to be of more than local orregional significance. A free CD with the information is alsoavailable. www.nps.gov/ncrc/programs/rtca/nri/

The National Wild & Scenic Rivers webpage, maintained by theNational Park Service, contains information about existing Wild &Scenic Rivers, management, managing agencies, publications,links and more. All of the above documents can be downloadedfrom: www.rivers.gov – click on “publications.” Resources include:

★ A Compendium of Questions & Answers Relating toWild & Scenic Rivers: Everything you wanted to knowabout wild and scenic rivers in a Q&A format. These Q&Ascan also be accessed through a searchable data base.

★ Agency-By-Agency Mileage/Management Chart: This isa self-extracting zipped Excel file with the completeNational Wild and Scenic Rivers System broken down intowho manages the rivers.

★ An Introduction to Wild & Scenic Rivers: A conciseprimer on wild and scenic rivers and what designationmeans to you.

★ Designating Rivers Through Section 2(a)(ii) of the Wildand Scenic Rivers Act: This paper describes a process fordesignating rivers into the National System at the request ofa state.

★ Implementing the Wild & Scenic Rivers Act: Authoritiesand Roles of Key Federal Agencies: What responsibilities doother agencies have for wild and scenic rivers? Here’s theanswer.

★ Protecting Resource Values on Non-Federal Lands: Howwild and scenic rivers are protected where the federalgovernment doesn’t manage the surrounding area.

★ Questions & Answers on the Interagency Council: Quickanswers to some of the questions we’ve been asked aboutourselves.

★ Selected Bibliography of Wild & Scenic RiverPublications: A compilation of some of the publicationsthat best explain the National Wild and Scenic RiversSystem and how river protection is accomplished in thiscountry.

★ State-By-State Mileage Chart: A self-extracting zippedExcel file with the complete National Wild and ScenicRivers System broken down into mileage by state.

★ The Wild & Scenic River Study Process: This paperexplains the wild and scenic river study process forcongressionally authorized and agency-identified studyrivers.

★ The Wild & Scenic Rivers Act: Section 7: This paperdescribes the standards and procedures used in evaluatingthe effects of proposed water resources projects.

★ Water Quantity and Quality as Related to theManagement of Wild & Scenic Rivers: How to protectwater quality and instream flows.

Resources & References

★ Wild & Scenic River ManagementResponsibilities: Considerations inmanaging—and developing managementplans for—wild and scenic rivers.

★ Wild & Scenic Rivers Reference Guide:The purpose of the Reference Guide is toimprove interagency coordination andincrease consistency in the interpretationand application of the Wild and ScenicRivers Act. The contents includesinformation about the Council, the Wildand Scenic Rivers Act and System, andtechnical papers developed through theCouncil. Extensive peer review and thecontribution of many river managers havegreatly enhanced the content of thesepapers.

★ Wild & Scenic Rivers Table: The fulllisting of designated wild and scenic rivers,complete with mileage, classifications, andmanaging agencies.

★ Wild and Scenic Rivers Guide ForRiverfront Property Owners: A conciseguide for landowners along designatedrivers that outlines their responsibility formanagement, how Section 7 of the Wildand Scenic Rivers Act applies to their lands,and how best to protect the value of theirlands as well as the values of the river.

The Wild and Scenic RiversAct is available online at:

www.rivers.gov/wsract.html

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Mule Creek Canyon on the Wild andScenic Rogue River, Oregon

Page 35: Celebrating 40 Years: The Wild and Scenic Rivers Act

Volume 18, Number 3 • River Network • RIVER VOICES 35

Page 36: Celebrating 40 Years: The Wild and Scenic Rivers Act

520 SW Sixth Avenue, Suite 1130Portland, Oregon 97204-1511

ADDRESS SERVICE REQUESTED

May 29 - June 1, 2009  Hyatt Regency Baltimore  Baltimore, Maryland

2009 River Heroes Awards Banquet

Nomination material and criteriacan be found online at:www.rivernetwork.org/rally,or by contacting Katherine Luscher at 503/ 542-8384,[email protected].

Celebrating Rivers andThose Who Protect Them

Nominationpackets must

be postmarkedby February 20,

2009.

National River Rally

River Network is seeking nominations for individuals to be honored at the 2009 River Heroes Awards Banquet. Awards will be presented on May 31 at the 10th National River Rally.