Questions & Answers

Yes, a federal reserved water right is generally adjudicated in state court (e.g., basin-wide adjudication) in the western United States. It is less clear how federal reserved water rights are adjudicated in the eastern United States. Contact a staff expert and/or legal counsel when trying to protect water quantity.

Water law is a complex legal area, and water rights are a highly contentious issue. Whenever a water allocation issue arises, a river manager should consult with staff with water rights expertise and, as necessary, seek legal counsel....

River access is evaluated in the land use planning process.  Specific access needs for public enjoyment, as well as any limitations, are determined in the river management plan.  In keeping with the requirements of the Wild & Scenic Rivers Act, “wild” rivers are generally inaccessible, except by trail (no roads); “scenic” rivers are accessible by road, which generally don’t parallel the river; and “recreational” rivers may have parallel or crossing road and railroad access.

Administering agencies do not have any authority to control public use of private lands. Granting of access remains the owner’s responsibility and trespass is handled by local law enforcement authorities. Federal river-administering agencies do, however, work closely with landowners to minimize problems through brochures and maps, signs, etc., and many landowners feel they are better off with the agency taking some responsibility.

Yes. The “equal footing” principle of the Constitution and the Submerged Lands Act of 1953 afford each state the ownership of lands and natural resources under navigable rivers. These submerged lands generally extend from bank-to-bank or to the mean or ordinary high water mark.

(*For some rivers, Congress has directed the river-administering agency in Section 3(b) to determine which classes “best fit the river or its various segments.”  These administratively segmented rivers should reflect on-the-ground circumstances and, therefore, are unlikely to require subsequent amendment.)

Yes. In a very few cases, the legislation designating a river erroneously describes a segment division and needs to be amended to fit on-the-ground circumstances. For example, the designating language for the Upper Rogue Wild & Scenic River...

The priority date is the date the river was added to the National Wild & Scenic Rivers System.

Water law is a complex legal area, and water rights are a highly contentious issue. Whenever a water allocation issue arises, a river manager should consult with staff with water rights expertise and, as necessary, seek legal counsel.

Section 4(a) of the Wild & Scenic Rivers Act and the Interagency Guidelines describe and discuss content requirements, specific topics to be addressed, and the way in which information should be presented in such a study report. The National Environmental Policy Act (NEPA) process can, and is, readily merged with the requirements of the wild and scenic river study report. A wild and scenic river study report resulting from a decision in a land management plan usually summarizes and incorporates relevant information from the plan and associated NEPA document. For example, the location...

(*For certain rivers, Congress directed the river-administering agency in Section 3(b) to determine which classes “best fit the river or its various segments.”  These administratively segmented rivers should reflect on-the-ground practicalities and, therefore, are unlikely to require subsequent amendment.)

Yes. While Congress specifies the segment divisions of a designated river, in some instances congressional language may require interpretation. For example, a segment division between a wild and scenic classification described as “from the bridge”...

These facilities will be provided if they are consistent with the management plan for each river and if funds are available.

Landowners can charge a fee for crossing private lands to fish, except where a public access easement exists. The designation of a wild and scenic river does not change landowner rights unless all, or a portion of those use rights, are acquired from the landowner.

Agency land use or resource management plan records should include documentation of the eligibility criteria, inventory process, evaluation, and outcome. Agency field offices retain the administrative record and documents related to an assessment of the free-flowing condition and identification of outstandingly remarkable values.

No. Where tribal lands are involved, sovereign tribes retain authority over the lands; however, the river-administering agencies seek opportunities to collaborate in protecting values of joint concern.

Designation may cause an increase in use along the river as new visitors seek it out. However, the wild and scenic river management requirements should ensure that any such increase will not damage resources on private property. If anything, there will be increased oversight after designation, discouraging littering, trespass and vandalism. Private landowners may continue to post their property with “No Trespassing” signs or require users to obtain landowner permission.

Agency officials are required to coordinate when their responsibilities relevant to wild and scenic rivers overlap.  Officials should determine the level of study to be conducted, who will lead the study, and, to the extent necessary and feasible, prepare a joint document for submission to Congress or congressional delegations.

No, not unless necessary to protect public safety, the river’s water quality, or other resource values. Recreational use of our nation’s rivers is increasing in both magnitude and extent, i.e., the types of recreational activities pursued and the technologies being used. Whether and how to restrict recreational use is a key issue in the planning process, which includes extensive local, regional, and national public involvement.

Projects with the following attributes are generally considered most harmonious with river ecosystems:

• Those made of native materials, e.g., wood, rock, vegetation, and so forth that are similar in type, composition or species to those in the vicinity of the project.
• Those using construction materials that are natural in appearance, e.g., logs with bark intact as opposed to being peeled and whole naturally weathered rocks as opposed to split or fractured (i.e., riprap).
• Those with materials placed in locations, positions, and quantities mimicking natural...

The federal government has rarely exercised its eminent domain powers with respect to wild and scenic rivers. Of the 226 rivers in the National Wild & Scenic Rivers System as of June 2022, condemnation for fee title has been used on only four rivers. Nearly all of the federal government’s use of condemnation occurred in the early years of the Wild & Scenic Rivers Act’s implementation when the attitudinal climate was one of federal acquisition. Similarly, the use of scenic easement condemnation has also been used very rarely, and then only on seven rivers, all designated prior to...

Land acquisition is one tool for protecting and enhancing river values. It may also be an important means of providing public access to a wild and scenic river. Notwithstanding Section 6 of the Wild & Scenic Rivers Act, however, Congress has pre-empted some or all of the Wild & Scenic Rivers Act’s federal land acquisition authorities in the enabling acts for certain wild and scenic rivers where the river study demonstrated that protective zoning or other conservation practices provided adequate safeguards for river values.

Section 16(b) of the Wild & Scenic Rivers Act defines a river as “a flowing body of water or estuary, or a section, portion, or tributary thereof, including rivers, streams, creeks, runs, kills, rills, and small lakes.”

The federal wild and scenic river-administering agency is responsible for implementing the Wild & Scenic Rivers Act’s requirements, including the development of a comprehensive management plan for each river within three full fiscal years from the date of designation. It is also responsible to protect and enhance a river’s values, through its authorities on federal lands and through voluntary, cooperative strategies developed with other governments, tribal nations, and landowners on non-federal lands, and to evaluate water resources projects under Section 7(a).

Yes.  There are three classifications (wild, scenic and recreational) that may be applied to a particular river segment. Distinct segments along the designated reach may contain differing and non-overlapping classifications (wild, scenic, or recreational), e.g., a 100-mile wild and scenic river may be classified as wild for 50 miles, scenic for 30 miles, and recreational for 20 miles.

River segments may be tentatively classified for protective management purposes prior to a final suitability determination and/or congressional action.  This ensures that river values and characteristics are protected (subject to agency policies and standards) until the evaluation process and possible designation is completed.

Yes, the federal government may seek to control use on adjacent lands under very limited circumstances. The Constitution gives the federal government certain limited powers to control uses on state-owned lands that affect adjacent federal property. These powers may be exercised through the Property Clause, which provides that, “Congress shall have the power to make all needful rules and regulations respecting the territory or the property belonging to the United States.”

The federal government may also regulate use and/or activities occurring on the surface waters...

Citizen stewards are increasingly important in protecting wild and scenic river values, often through river-specific or regional stewardship organizations. Individually, or through nonprofit entities, citizens help survey and monitor resource conditions, provide interpretive and education opportunities, contribute to restoration efforts, and support many other protection activities.

Rivers included in the National Wild & Scenic Rivers System by act of Congress (under Section 3(a) of the Wild & Scenic Rivers Act) are administered by one of four federal agencies: Bureau of Land Management (BLM), National Park Service (NPS), U.S. Forest Service (USFS), and/or U.S. Fish & Wildlife Service (FWS) as specified in the legislation. Rivers included in the National Wild & Scenic Rivers System at the request of a governor and designated by the Secretary of the Interior (under Section 2(a)(ii) of the Wild & Scenic Rivers Act) are administered by the respective...

The government typically provides technical assistance to find ways to alleviate or mitigate the actual or potential threat(s). Purchasing a partial right (easement) or the property in fee title is usually the last resort. If an easement is purchased, the owner would sell certain development rights and receive a payment, yet retain title to the land.

Section 6(a)(1) of the Wild & Scenic Rivers Act states:

The Secretary of the Interior and the Secretary of Agriculture are each authorized to acquire lands and interests in land within the authorized boundaries of any component of the national wild and scenic rivers system designated in Section 3 of this act . . . but he shall not acquire fee title to an average of more than 100 acres per mile on both sides of the rivers.

The Wild & Scenic Rivers Act authorizes fee title acquisition to the equivalent of about a 400 foot wide strip of land...

Yes.  Congress and the Secretary of the Interior have designated many river segments which are above or below dams that have regulated flows.

Yes.  For purposes of eligibility evaluation, the volume of flow is sufficient if it is enough to sustain or complement the outstandingly remarkable values identified within the segment.  Rivers with intermittent or non-perennial flows exist within the National Wild & Scenic Rivers System and may be representative of rivers within particular physiographic regions.

Once determined eligible, river segments are tentatively classified for study as either wild, scenic, or recreational based on the level of development of the shoreline, watercourse and access at the time of river is found eligible. If designated by Congress, the river’s enabling legislation generally specifies the classification.

For rivers designated under Section 3(a) of the Wild & Scenic Rivers Act, a state’s responsibilities include:

• Regulating and enforcing fishing and hunting regulations.


• Adjudicating water rights and appropriation.


• Developing and administering water quality standards.


• Administering state land use regulations on non-federal lands.
• Managing state lands and facilities along the river (e.g., state highways, parks, forests).

No restrictions to private lands may be applied under the Wild & Scenic Rivers Act. Comprehensive river management plans may establish goals for new construction consistent with classification. There is a wide range of uses compatible with these classifications so long as the overall values and character of the river corridor is maintained. Any effect on private lands would be through state or local zoning. Federal acquisition of lands or development rights would require landowner compensation.

A river identified for study under Section 5(d)(1) is protected by each agency’s policy; i.e., the Wild & Scenic Rivers Act provides no statutory protections. To the extent of each agency’s authority, the river’s free-flowing condition, water quality, outstandingly remarkable values, and classification are protected. Prior to a suitability study, the inventoried classification is protected. If, as the result of a suitability study, a less restrictive classification is recommended for a river or portion thereof, the agency is obligated to protect this recommended classification.

No. Non-indigenous species need not be removed unless they are degrading other important resource values. Practical considerations, such as the effort or expense of eradicating a non-indigenous species and its importance (e.g., game species), should also be considered. This issue is generally addressed in the management plan.

Yes. Water may be secured through a variety of protection strategies, in the interim. Ultimately, the United States should secure a federal reserved water right in state court or the appropriate forum. Interim measures may include, but are not limited to: state instream flow programs, reservoir operation schedules, endangered species flow recommendations, conservation techniques, cooperative agreements, and water right purchases from willing sellers.

Water law is a complex legal area, and water rights are a highly contentious issue. Whenever a water...

Amending the lateral boundary of a designated river requires analysis and decision under the National Environmental Policy Act (NEPA). The environmental analysis process need not be complicated and may only require the proposed action and a no-action alternative. Amendment of a wild and scenic river boundary may also be timed with revision of the comprehensive river management plan and related decision under the NEPA. In either case, notice of the amended boundary should be published in the Federal Register and the legal description and maps forwarded to Congress and made...

The Wild & Scenic Rivers Act does not specifically mention aquatic or upland non-indigenous species. While non-indigenous species may be introduced—provided that doing so is not contrary to another law or the policy of the managing agency, and would not result in the degradation to the river’s values—the use of native species is generally preferred. Indirect impacts of introducing non-indigenous species, e.g., increasing recreational fishing, should also be considered. Additional guidance for a specific river is usually included in its management plan.

No. There are no special provisions limiting overflights of components of the National Wild & Scenic Rivers System. Certain designated wild and scenic rivers are located by coincidence within restricted overflight areas, but were not the cause of the restriction. Altitude restrictions for civil aircraft in the United States under Federal Aviation Administration (FAA) regulations (e.g, 14 CFR 91.119 and 91.515 which apply to U.S. airspace) and altitude guidelines in the Airman’s Information Manual (Section 4, paragraph 7-4-6) apply to certain chartered areas. The FAA has entered into...

Congress declared its intent to protect the water quality of rivers added to the National Wild & Scenic Rivers System in Section 1(b) of the Wild & Scenic Rivers Act. Congress further specified that the river-administering agencies cooperate with the EPA and state water pollution control agencies to eliminate or diminish water pollution (Section 12(c)).

Under the Wild & Scenic Rivers Act, designation neither gives nor implies government control of private lands within the river corridor. Although many rivers include private lands within the boundaries of the designated river area, management restrictions would apply only to federal lands. The federal government has no power to regulate or zone private lands under the Wild & Scenic Rivers Act; however, administering agencies may highlight the need for amendment to local zoning (where state and local zoning occurs). People living within a river corridor may use their property as...

On September 7, 1982, the Departments of Agriculture and the Interior outlined in the Federal Register (47 FR 39454) eligibility and classification criteria, the evaluation process and content, and reporting requirements for potential wild and scenic rivers and management guidelines for designated wild and scenic rivers. These guidelines were formulated to provide a uniform evaluation and consistent management approach in the identification, evaluation, reporting, and management of wild and scenic river segments. These replaced earlier guidelines developed in 1970.

The CRMP for rivers designated on or after January 1, 1986, is to be completed within three full-fiscal years after the date of designation or as otherwise specified, with a notice of completion and availability published in the Federal Register. For rivers designated before this date, Section 3(d)(2) requires review of the CRMP to determine if it conforms to Section 3(d)(1). This provision allowed ten years to update pre-1986 plans through the planning processes of river-administering agencies. Note: This 10-year period expired January 1, 1996.

Once such a river has been found eligible, the federal study agency should, to the extent it is authorized under the Wild & Scenic Rivers Act and subject to valid existing rights, ensure the river and the surrounding area are protected as a potential wild and scenic river pending a suitability determination.

Examples include, but are not limited to, bank stabilization/revetments; bridges (e.g., abutments, piers, approaches); emergency repairs; channelization; channel restoration; culverts; dams and dam removal; dredging or excavation; fish habitat/passage restoration or enhancement; gravel mining; in-channel transmission towers; levees; pipelines; recreation facilities such as boat ramps and fishing piers; water diversions/wells; and activities that are authorized under Section 404 of the Clean Water Act by the United States Army Corps of Engineers (ACOE).

Review of...

Section 7 of the Wild & Scenic Rivers Act prohibits any department or agency of the United States from assisting in the construction of any water resources project that would have a “direct and adverse” effect on the values for which the river segment was established, namely its free-flowing condition, water quality, and outstandingly remarkable values (outstandingly remarkable values). It also precludes federal assistance to projects below or above a designated river that have been determined to “invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife...

Once such a river segment has been found to be ineligible, the agency will describe the basis for this finding in the study report and follow its internal procedures to transmit the report to the Congress in accordance with Section 7(b) of the Wild & Scenic Rivers Act.

Prior to completion of the CRMP, proposed projects and new decisions (e.g., issuance of a special-use permit) on federal lands are evaluated by the wild and scenic river-administering agency to ensure they protect and, to the extent possible, enhance river values (free-flowing condition, water quality and outstandingly remarkable values). The necessary evaluation framework is a detailed description of the existing conditions of these values at the time of designation. Absent this information it may not be possible to evaluate the effects of an activity relative to the non-degradation and...

Generally, no. Any provisions for public use of private lands must be specifically included in the terms of the easement. Depending upon the terms and conditions of each easement, public access rights may or may not be involved. For example, a scenic easement may only involve the protection of narrowly defined visual qualities with no provisions for public use. A trail or road easement by necessity may involve public use provisions.

Timber management activities on federal lands outside the corridor are managed to protect and enhance the values that caused the river to be designated. Measures needed to protect and enhance the river’s values are developed through the river planning process and include management direction as necessary for lands adjacent to the corridor.

WSR designation seeks to protect and enhance a river’s current natural condition and provide for public use consistent with retaining those values. Designation affords certain legal protection from adverse development, e.g., no new dams may be constructed, nor federally assisted water resource development projects allowed that are judged to have an adverse effect on designated river values. Where private lands are involved, the federal managing agency will work with local governments and owners to develop voluntary protective measures.