A Guide to the California Wild & Scenic Rivers Act Requirements, Process, and Compliance

The California Wild & Scenic Rivers Act (WSRA) stands as a powerful tool for preserving the state's most pristine and remarkable riverine ecosystems, ensuring that their beauty, recreational value, and ecological integrity remain intact for generations to come. This comprehensive guide delves into the intricacies of the WSRA, providing a clear understanding of its scope, regulatory standards, and compliance obligations. By exploring the Act's structure, key provisions, and recent developments, readers will gain the knowledge necessary to effectively navigate the regulatory landscape surrounding California's wild and scenic rivers. The guide also highlights the importance of proactive engagement with relevant agencies and offers valuable resources for staying informed about the ever-evolving implementation of the WSRA. Armed with this information, stakeholders will be well-equipped to manage projects in a manner that respects the extraordinary values of these protected waterways while minimizing the risk of enforcement actions and penalties.

GENERAL INFORMATION

Key Details of the California Wild & Scenic Rivers Act

Issuing Agency: California Natural Resources Agency

Year Established: 1972

Last Amended: 2015

Statutory Authority: The California Wild and Scenic Rivers Act (California Public Resources Code, Section 5093.50 et seq.)¹

Primary Legal Reference: California Public Resources Code, Sections 5093.50-5093.71²

Overview of the California Wild & Scenic Rivers Act

The California Wild and Scenic Rivers Act is part of the state's broader environmental protection framework, operating alongside other regulations such as the California Environmental Quality Act (CEQA) and the California Endangered Species Act. The Act specifically addresses the preservation of certain rivers and their immediate environments, recognizing their extraordinary scenic, recreational, fishery, and wildlife values.

The California Natural Resources Agency, particularly the Secretary of the Resources Agency, is responsible for administering and enforcing the Act. The Act was first established in 1972, following the federal Wild and Scenic Rivers Act of 1968, and has been amended several times, most recently in 2015.

The Act achieves its conservation goals by prohibiting the construction of dams, reservoirs, or other water impoundment facilities on designated rivers, as well as protecting the free-flowing state of these rivers and their immediate environments. It applies to specific rivers or river segments within California that have been designated as "wild and scenic" by the Legislature or the Secretary of the Resources Agency.

What does the California Wild & Scenic Rivers Act protect?

The California Wild and Scenic Rivers Act protects designated rivers or river segments and their immediate environments from the construction of dams, reservoirs, or other water impoundment facilities that would impede the free-flowing nature of these waterways. The Act safeguards the extraordinary scenic, recreational, fishery, and wildlife values associated with these rivers by maintaining their natural flow and preserving the surrounding environments.³

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The California Wild & Scenic Rivers Act (WSRA) regulates activities and entities that may impact the free-flowing character, water quality, or extraordinary scenic, recreational, fishery, or wildlife values of rivers and streams designated as "wild and scenic" within the state of California.⁴ The act aims to preserve these rivers and streams in their natural state for the benefit and enjoyment of present and future generations.

The WSRA primarily regulates activities related to water resource development projects, such as dams, diversions, and hydroelectric facilities, that could alter the natural flow or character of designated rivers.⁵ Industries and entities likely to be affected by the WSRA include:

• Hydroelectric power companies
• Water utilities and irrigation districts
• Mining and mineral extraction operations
• Logging and timber companies
• Real estate developers
• State and local government agencies involved in water resource management

Under the WSRA, the following activities are generally prohibited on designated rivers and streams:⁶

1. Construction of dams, diversions, or other water impoundment facilities
2. Mining and mineral extraction within the streambed or banks
3. Logging or other forms of timber harvesting within the riparian corridor
4. Construction of new roads, bridges, or other transportation infrastructure that could impact the river's natural character
5. Disposal of waste or debris into the river or along its banks

These prohibitions are designed to maintain the natural flow, water quality, and aesthetic values of designated rivers, preserving them as vital ecological, recreational, and cultural resources for the people of California.⁷

Structure and Key Provisions

Overview

The California Wild & Scenic Rivers Act is structured into several key sections that outline the Act's purpose, definitions, designation process, management requirements, and enforcement provisions.

• Section 5093.50: Legislative Declaration - states the Act's purpose and intent
• Section 5093.52: Definitions - defines key terms used throughout the Act, such as "free-flowing" and "extraordinary values"
• Section 5093.54: Classification and Designation - outlines the process for designating rivers as wild, scenic, or recreational
• Section 5093.56: Management Directives - establishes management requirements for designated rivers
• Section 5093.58: Prohibition on Dams and Impoundments - prohibits the construction of new dams or impoundments on designated rivers

Key Provisions

Section 5093.50: Legislative Declaration

This section declares that certain rivers possess extraordinary scenic, recreational, fishery, or wildlife values and should be preserved in their free-flowing state for the benefit of the people of California.⁸ It establishes the state's policy to protect these rivers and their immediate environments.

Section 5093.52: Definitions

This section defines important terms used throughout the Act, such as "free-flowing," "extraordinary values," "wild river," "scenic river," and "recreational river."⁹ Understanding these definitions is crucial for determining whether a river qualifies for designation and what management requirements apply.

Section 5093.54: Classification and Designation

This section outlines the process for designating rivers as wild, scenic, or recreational under the Act. It requires the Natural Resources Agency to study rivers and make recommendations to the Legislature for designation.¹⁰ The Legislature may then designate rivers by amending this section of the Act.

Section 5093.56: Management Directives

This section establishes management requirements for designated rivers, directing state agencies to protect the free-flowing character and extraordinary values of these rivers.¹¹ It requires the development of management plans for designated river segments and coordination among relevant state and local agencies.

Section 5093.58: Prohibition on Dams and Impoundments

This section prohibits the construction of new dams, diversions, or water impoundment facilities on rivers designated as wild and scenic under the Act.¹² It is one of the key provisions ensuring the protection of these rivers' free-flowing character.

Developers and consultants should consult the full text of the California Wild & Scenic Rivers Act and engage with the relevant state agencies, such as the Natural Resources Agency and the Department of Fish and Wildlife, for project-specific guidance and compliance requirements.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The California Wild & Scenic Rivers Act establishes various standards and limitations to protect the free-flowing character, water quality, and outstanding values of designated wild and scenic rivers in California.¹³ These standards and limitations may include restrictions on dam construction, water diversions, and other activities that could impair the river's values.¹⁴ The Act also requires state agencies to develop and implement management plans for each designated river segment, which may include additional standards and guidelines specific to the river's unique characteristics and values.¹⁵ Compliance with these standards and limitations is typically enforced through the permitting and environmental review processes for projects that may affect designated rivers.¹⁶

Monitoring, Reporting & Recordkeeping Obligations

Under the California Wild & Scenic Rivers Act, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements, depending on the nature and location of their projects.¹⁷ These obligations may include conducting baseline studies and ongoing monitoring of water quality, streamflow, and other key indicators of river health.[^205] Project proponents may also be required to submit regular reports to the relevant state agencies documenting their compliance with permit conditions and management plan requirements.¹⁸ Developers and consultants should work closely with the California Natural Resources Agency, State Water Resources Control Board, and other relevant agencies to fulfill the specific monitoring, reporting, and recordkeeping obligations that apply to their projects.

Enforcement Actions & Penalties

Violations of the California Wild & Scenic Rivers Act may result in various enforcement actions and penalties, depending on the severity and nature of the violation.¹⁹ These may include notices of violation, administrative orders, and civil or criminal penalties.²⁰ In some cases, the relevant state agencies may also seek injunctive relief to halt ongoing violations or require restoration of damaged river resources.²¹ To avoid enforcement actions and penalties, project proponents should prioritize proactive compliance and early engagement with the relevant agencies to ensure that their projects are designed and implemented in accordance with the Act's requirements. Developers and consultants should consult the full text of the Act and work closely with the California Natural Resources Agency, State Water Resources Control Board, and other relevant agencies to understand the specific enforcement provisions and penalty structures that may apply to their projects.²²

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the California Wild & Scenic Rivers Act has seen several significant developments that have shaped the current regulatory landscape. One notable example is the 2019 amendment to the Act, which added more than 370 miles of new wild and scenic rivers to the system, including portions of the Mokelumne River and several tributaries of the Klamath River ²³. This expansion has increased the number of rivers protected under the Act and has implications for developers and environmental consultants working on projects near these newly designated areas.

Another important development is the ongoing effort by the California Natural Resources Agency to update the management plans for several wild and scenic rivers, including the Smith River and the North Fork American River. These updates aim to improve the protection and management of these rivers while balancing the needs of various stakeholders, such as recreational users and local communities. Developers and environmental consultants should stay informed about these management plan updates, as they may affect project planning and permitting requirements in the vicinity of these rivers.

Looking ahead, there are several proposed amendments and policy changes that could further shape the implementation of the California Wild & Scenic Rivers Act. For example, there have been discussions about extending the Act's protections to additional rivers, such as the Sacramento River and the San Joaquin River ²⁴. While these proposals have not yet been adopted, they underscore the ongoing interest in expanding the Act's reach and the need for stakeholders to remain engaged in the regulatory process.

To stay informed about these and other developments related to the California Wild & Scenic Rivers Act, stakeholders can:

1. Monitor the websites of key agencies, such as the California Natural Resources Agency and the California State Water Resources Control Board, for updates and announcements.
2. Join mailing lists and attend public meetings or workshops organized by these agencies to provide input and learn about proposed changes.
3. Engage with industry associations, such as the California Association of Environmental Professionals or the Association of Environmental Professionals, which often provide educational resources and advocacy on behalf of their members.

By staying informed and actively participating in the regulatory process, developers and environmental consultants can better navigate the evolving landscape of the California Wild & Scenic Rivers Act and ensure their projects remain compliant with the latest requirements.

Additional Resources

California Wild & Scenic Rivers Act Full Text: The complete text of the California Wild & Scenic Rivers Act, as amended, available on the California Legislative Information website.

California Natural Resources Agency: Wild & Scenic Rivers Program: The official webpage of the California Natural Resources Agency's Wild & Scenic Rivers Program, providing an overview of the program, maps, and links to management plans and other resources.