Wild & Scenic River Preservation

Wild & Scenic River Campaigns

Almost 200,000 miles of rivers and streams flow through California, and they serve many vital roles. Yet only 1% of these rivers is currently protected from destruction and pollution. Too often the rivers that people see are already dammed, diverted, and deteriorated. As part of our common sense, 20 year plan to save California rivers, we will aim to get more of these rivers protected in the National Wild and Scenic Rivers System so more people can actively enjoy their rivers.

The National Wild & Scenic Rivers Act (Public Law 90-542; 16 U.S.C. 1271-1287) is the nation’s primary river conservation law. (To learn about  State Wild & Scenic Protection, click here.) Enacted in 1968 and signed into law by President Lyndon Johnson, the Act was specifically intended by Congress to balance the existing policy of building dams on rivers for water supply, power, and other benefits, with a new policy of protecting the free flowing character and outstanding values of other rivers. Congress concluded that selected rivers and streams should be preserved in a free-flowing condition for the benefit and enjoyment of present and future generations. These policies are forthrightly expressed in the Act:

The Act requires federal agencies to develop a comprehensive river management plan for designated rivers three years after designation. This plan is intended to establish river corridor boundaries, appropriate classification, segment descriptions, and specific management to protect free flowing condition and outstanding values. Management plans may establish varying degrees of intensity for protection and development, based on the river’s special attributes.

In addition, the Act requires federal management policies, regulations, contracts, and plans affecting public lands along designated rivers to comply with the purposes of the Act. Federal agencies are specifically required to cooperate with the Environmental Protection Agency in regard to eliminating or diminishing water pollution in designated rivers. Cooperative agreements for the joint federal and state management of rivers are encouraged, as is the establishment of and federal assistance to state river systems. Public lands within the designated river corridor are withdrawn from sale or other disposition.
Private Lands

Because the National Wild & Scenic Rivers Act confers no federal authority over private land use or local zoning, there is no practical impact on private property. Riverside land owners will not be told what to do with their property or have their land confiscated by the federal government. The Act encourages but does not require complementary county and city zoning and land use practices for private lands within the river corridor.

Mining

Mining on public lands with a designated river is subject to valid existing rights. New mining claims on public lands within Wild segments are prohibited. The Act authorizes federal agencies to adopt specific regulations pertinent to mining, although no such regulations have been developed.

Water Rights

The state's authority to regulate water rights remains unaffected by designation. However, designation reserves water in designated rivers in quantities sufficient to accomplish the purposes the Act (protect and enhance free flowing conditions and outstanding values). Use of this federal water reservation is not automatic. Since states retain jurisdiction over water rights, managing federal agencies must apply to the appropriate state water rights agency for the instream water reservation, which is considered junior to other rights existing at the time of designation.

River Study & Designation

Congress may designate rivers outright through legislation or may direct federal agencies to conduct studies and make recommendations concerning future designation. In addition, the Act requires federal agencies to identify, study, and recommend potential Wild & Scenic Rivers in all land, water, and resource planning programs. State designated rivers may be added to the federal system upon the request of the state’s Governor and approval of the Interior Secretary. Such rivers are managed by the state.

Since its inception in 1973, Friends of the River has successfully fought to protect Wild & Scenic Rivers in California. We have played a key role in the protection of virtually every Wild & Scenic River in the state.

Most recently, Friends of the River secured the protection of more than 105 miles of Wild & Scenic Rivers in California when President Obama signed the Public Lands Protection Act in 2009. Rivers protected by this landmark legislation include the Owens River Headwaters (Glass and Deadman’s Creeks) in the eastern Sierra Nevada, Cottonwood Creek in the White Mountains, Amargosa River in the Mojave Desert, Piru Creek in the San Gabriel Mountains, and the North Fork San Jacinto River, Fuller Mill Creek, Palm Canyon Creek, and Bautista Creek in the San Jacinto Mountains.

Currently, Friends of the River is involved in active legislative campaigns to protect more than 300 additional miles of Wild & Scenic Rivers, along the Big Sur Coast, in the coastal mountains of Santa Barbara and Ventura Counties, in the San Gabriel Mountains, in the California Desert, and in the mountains of northern San Diego County. These campaigns include:

S. 2921 – California Desert Protection Act: Introduced by Senator Dianne Feinstein, this important bill proposes protection of more than 72 miles of Wild & Scenic Rivers, including segments of Deep Creek and the Whitewater River in the San Bernardino Mountains, an addition to the Amargosa River (protected in 2009) in the Mojave Desert, and Surprise Canyon in the Panamint Mountains west of Death Valley. Friends of the River was instrumental in including these rivers in the bill and we will continue to work with our allies to help develop targeted public support and lobby for its passage in Congress. 

H.R. 4040 – Big Sur Management Act: Introduced by Representative Sam Farr, this bill proposes protection of more than 91 miles of Wild & Scenic Rivers in the Big Sur region, including segments of the Arroyo Seco River and its tributaries, San Antonio River and its tributaries, Carmel River, Big Creek, and San Carpoforo Creek. Friends of the River was instrumental in including these rivers in the bill and we will continue to work with our allies to develop public support and lobby Congress to ultimately secure its passage.

H.R. 4303 – Agua Tibia and Beauty Mountain Wilderness Act: Friends of the River is recruiting public support to encourage Representative Darrell Issa, the author of H.R. 4303, to consider including more than 45 miles of potential Wild & Scenic Rivers in his northern San Diego County district, including segments of San Mateo Creek, Santa Margarita River, San Luis Rey River, and San Diego River. Friends of the River will continue to work with our allies to develop public support and lobby to include Wild & Scenic Rivers and secure the bill’s passage in Congress.

San Gabriel Mountains: Friends of the River is working with our allies to encourage Representative David Dreier to introduce comprehensive wilderness and wild rivers legislation for the eastern San Gabriel Mountains. Friends of the River is proposing for protection more than 44 miles of rivers and streams, including segments of the San Gabriel River, San Antonio Creek, and Middle Fork Lytle Creek. We are working closely with our allies to recruit public support, particularly from entities interested in rivers, including fly fishing groups and water districts.

Santa Barbara and Ventura Counties: Friends of the River is working with our allies to encourage Rep. Elton Gallegly to introduce comprehensive wilderness and wild rivers legislation for the southern Los Padres National Forest in Santa Barbara and Ventura Counties. Working with Keep the Sespe Wild, Friends of the River helped protect more than 30 miles of Sespe Creek in 1992 and we secured protection for 7.5 miles of Piru Creek in 2009. Now, Friends of the River is proposing for protection more than 124 miles of rivers and streams, including the unprotected segments of upper Piru Creek and upper Sespe Creek, as well as Matilija Creek, Indian Creek, and Mono Creek.

Mokelumne River: Friends of the River is working with the local Foothill Conservancy to protect as Wild & Scenic more than 34 miles of the Mokelumne River in Amador and Calaveras Counties of the Sierra’s Mother Lode. The lower portion of this magnificent river is threatened by the East Bay Municipal Utility District’s plan to expand Pardee Reservoir. Friends of the River is involved in litigation challenging the Pardee expansion and is actively lobbying Congress to urge introduction of Wild & Scenic legislation to protect this threatened river.

Tahoe Region Rivers: Most recently, Friends of the River met with various organizations and activists based in the Lake Tahoe area to discuss development of a campaign to protect portions of the Truckee River and other streams in the Tahoe region. At the top of our list is protection of the upper Truckee River, which feeds into Lake Tahoe and supports an endangered population of Lahontan cutthroat trout.

For More Information
For more information about California rivers in the national system, contact Steven L. Evans, Conservation Director, Friends of the River, Phone: (916) 442-3155, Ext. 221.

For more information about the national system in general, visit the National Wild and Scenic Rivers System website.

For more background information, download the below publications:

FOR's 2009 Wild & Scenic Campaigns