Issue Overview

The purpose of this section is to provide information and boilerplate language that will help to provide a basic understanding of the issue by factually describing the issue, its scope, and dimensions.

The Wild and Scenic River Act, P.L. 90-542, became law in 1968. The act preserves “certain selected rivers” that “possess outstandingly remarkable scenic, recreational, geologic, fish, wildlife, historic, cultural, or other similar values…in their free-flowing condition…for the benefit and enjoyment of present and future generations.” Eight rivers or river segments across the country were included as initial components in the National Wild and Scenic Rivers System. Congress and or the Secretary of the Interior have added 155 rivers or river segments to the system since then. There are no officially designated Wild and Scenic Rivers or river segments in Utah .

Section 5(d)(1) of the act directs federal agencies to consider the potential for national wild, scenic, and recreational river areas in all planning for the use and development of water and related resources.

Bureau of Land Management, Moab Field Office, Wild and Scenic Rivers Review Preliminary Eligibility Determination, September 2003, 2.

Ibid.

Options & Trade-Offs

Some of the questions that may be discussed or researched could be:

• How would Wild, Scenic, or Recreational designations affect future water management and development?
• Are there planned or potential projects that would be adversely affected by Wild, Scenic, or Recreational designations?
• Are there stream segments, particularly in upper watersheds, that could be designated without harm to water users and which might be of benefit locally?
• Are there any possible benefits which may be associated with the designation (i.e. tourism)?

Potential for Conflict

Designation of river segments as Wild, Scenic, or Recreational would restrict many activities related to the stream and other uses within ¼ mile of it, and in some cases could be detrimental to a community's ability to develop and manage water resources necessary to meet their future growth needs. The ability to get approval of water right change applications on, or upstream of, designated streams by existing water users may also be limited. Similarly, federal permits cannot be issued for uses on a stream segment that would be in conflict with the Wild and Scenic designation. Dry washes or stream segments below dams and other controls, and other stream segments that have been physically altered by human activity should not be considered, even in the eligibility stage.

Range of Alternatives

Identify management options / alternatives that can help define a county's desired management preference.

top

Existing Condition

The purpose of this section is to provide information and boilerplate language that will help to describe the existing condition.

Data Review

About two-thirds of the lands in Utah are administered and managed by the federal government, principally by the Bureau of Land Management and the Forest Service. As these agencies periodically update their management plans they will consider Wild and Scenic River designations. Counties, local water suppliers, and water users must be involved with these planning procedures to ensure their interests are protected and that reasonable, practical solutions to management issues can be included in the plans.

Items to Consider

The US Forest Service and the Bureau of Land Management continue to assess river and stream segments in Utah to determine whether or not they are suitable for inclusion in the national Wild and Scenic River system. In most cases, these agencies are identifying numerous segments that they deem suitable and will begin to manage such segments in order to maintain the identified values in the event that Congress or the Secretary of Interior chooses to designate them as Wild and Scenic Rivers. Even in the event that a “eligible and suitable” stream segment is not officially designated, it can continue to be managed as though it were.

Local constituents fear that designation would prohibit future uses that they deem necessary to continue to grow and assure economic prosperity. Some have concerns that designation could also adversely affect current management and the operation and maintenance of existing facilities. In general, state and local authorities do not support Wild and Scenic River designation where there is a lack of clarity as to the impacts to local communities of such actions. Designations that would not affect existing or anticipated future uses may be acceptable. It is possible that Wild and Scenic River designations could have positive impacts to local communities and economies by bringing additional tourists into the area or by contributing to watershed protection.

Boilerplate Language

None suggested.

top

Desired Future Condition

The purpose of this section is to provide information and boilerplate language that will help to describe the improvements and changes that need to be made to the existing condition in order to achieve the desired future condition. It also provides the basis for the development of policy statements that support the desired future condition.

Range of Alternatives

None suggested.

Boilerplate Language

Wild and Scenic River designation will have a lasting effect, for better or worse, on the designated stream segment and the surrounding area. Federal land management agencies should carefully select Wild and Scenic Rivers based on their regional and national significance, rather than local significance. These selections should be supported by data that clearly show such selection will not negatively impact the ability of agriculture and other industry to access the water it needs and of local communities to develop water supplies and other resources to meet their future needs. Where such impacts are unavoidable, a plan to mitigate such impacts should be presented.

top

Policy and Position Statements

The purpose of this section is to provide boilerplate policy statement language that will support the desired future conditions. A range of possible conditions is provided here.

Boilerplate Language

The 2004 Utah State Legislature amended Section 63-38d-401 of the Utah Code Annotated to define Utah 's policies and positions on Wild and Scenic River designations:

(a) the state's support for the addition of a river segment to the National Wild and Scenic Rivers System, 16 U.S.C. Sec. 1271 et seq., will be withheld until:

(i) it is clearly demonstrated that water is present and flowing at all times;
(ii) it is clearly demonstrated that the required water-related value is considered outstandingly remarkable within a region of comparison consisting of one of the three physiographic provinces in the state, and that the rationale and justification for the conclusions are disclosed;
(iii) the effects of the addition upon the local and state economies, agricultural and industrial operations and interests, tourism, water rights, water quality, water resource planning, and access to and across river corridors in both upstream and downstream directions from the proposed river segment have been evaluated in detail by the relevant federal agency;
(iv) it is clearly demonstrated that the provisions and terms of the process for review of potential additions have been applied in a consistent manner by all federal agencies; and
(v) the rationale and justification for the proposed addition, including a comparison with protections offered by other management tools, is clearly analyzed within the multiple-use mandate, and the results disclosed;

(b) the conclusions of all studies related to potential additions to the National Wild and Scenic River System, 16 U.S.C. Sec. 1271 et seq., are submitted to the state for review and action by the Legislature and Governor, and the results, in support of or in opposition to, are included in any planning documents or other proposals for addition and are forwarded to the United States Congress;

top

Goals, Objectives, and/or Action Items

The purpose of this section is to provide boilerplate examples of the types of improvements or changes that typically would be needed to reach the desired future condition. “Goal” is the desired condition. “Objectives” are improvements or changes that need to be made to reach the goal. “Action Items” are specific actions that can be taken in order to achieve the objective.

Counties should gather information which will help them quantify the impacts of Wild and Scenic River designations in their areas. The more specific the information is to a given stream segment or watershed, the better. General statements of opposition will do little to convince federal agencies of the reality of the threat and will likely be insufficient to justify changes to their wild and scenic river proposals. Information should be compiled to identify all possible future water sources and other resources that could be impacted by Wild and Scenic River designation; and, where possible, long-range plans should be prepared for future use of identified resources.

top

Monitoring Methods and Mechanisms

The purpose of this section is to provide suggested techniques and methods for monitoring progress towards the desired condition.

No information available.

top

Sources and Resources to Assist

This section is intended to be a reference guide to help locate any sources of assistance.

The Department of Natural Resources has several divisions, including Parks and Recreation, Wildlife Resources, Water Resources, and Water Rights, that have consulted with federal agencies on past Wild and Scenic River issues. Local authorities should continue to communicate their concerns and wishes regarding Wild and Scenic River designations to the Department of Natural Resources, the state legislature and the federal agencies involved.

Contact: Public Lands Policy Analyst, Val Payne (801) 537-9297 or valpayne@utah.gov

The Division of Water Resources has inventories of potential dam sites that have been previously investigated and may be used for the planning of future reservoirs.

Contact: River Basin Planning Chief, Todd Stonely (801) 538-7277 or toddstonely@utah.gov

top