California Wild and Scenic Rivers Act explained

Inspired by the National Wild and Scenic Rivers Act^[1] the California Wild and Scenic Rivers Act was passed in 1972.^[2] The California Wild and Scenic Rivers Act serves a similar purpose to the National Wild and Scenic Rivers Act. Its goal is to protect and preserve certain sections of river in the state of California.

History

Signed into law in 1972, the California Wild and Scenic Rivers act compliments the National Wild and Scenic Rivers Act. This law is independent and operates differently from the National Wild and Scenic Rivers Act. The California Wild and Scenic Rivers act preserves and protects sections of river that have been designated. A Wild and Scenic designation under the State system prohibits the construction of a dam, water conduit, reservoir, powerhouse, transmission line, or other projects. The State System does not require the creation of a management plan unlike the National Wild and Scenic Rivers Act, though one can be created. A few rivers within the State system have management plans. Under the California Wild and Scenic Rivers Act there are various types of designations. "Rivers or segments included with the system are classified by the Legislature as “wild,” “scenic,” or “recreational” based on the level of existing development of adjacent land areas when designated (§ 5093.53)."^[3]

Purpose and terms

"It is the policy of the State of California that certain rivers which possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. The Legislature declares that such use of these rivers is the highest and most beneficial use and is a reasonable and beneficial use of water within the meaning of Section 2 of Article X of the California Constitution. It is the purpose of this chapter to create a California Wild and Scenic Rivers System to be administered in accordance with the provisions of this chapter."^[4]

Definitions

"River" means the water, bed, and shoreline of rivers, streams, channels, lakes, bays, estuaries, marshes, wetlands, and lagoons, up to the first line of permanently established riparian vegetation.
"Free-flowing" means existing or flowing without artificial impoundment, diversion, or other modification of the river. The presence of low dams, diversion works, and other minor structures does not automatically bar a river's inclusion within the system. However, this subdivision does not authorize or encourage future construction of those structures on any component of the system.
"System" means the California Wild and Scenic Rivers System.
"Immediate environments" means the land immediately adjacent to the segments of the rivers designated in Section 5093.54
"Special treatment areas" means, for purposes of this chapter, those areas defined as special treatment areas in Section 895.1 of Title 14 of the California * * * Code of Regulations, as in effect on January 1, 2004, as that definition applies to wild and scenic river segments designated from time to time in Section 5093.54, and also includes areas within 200 feet of the watercourse transition line of a state-designated recreational river segment designated in Section 5093.54 that may be at risk during timber operations.^[5]

Under the State Wild and Scenic Act, the Secretary of Natural Resource Agency is the only path to designation. They may study a river and make a recommendation to the State Assembly or Senate. If it passes both houses of the legislature, it is sent to the Governor for approval.^[6]

California State Wild and Scenic Rivers

This is the list of California State Wild and Scenic Rivers .^[7]

!**Name**!**Wild**!**Scenic**!**Recreational**!**Other**!**Total**!**Year of designation**
Albion River	0	0	3.9	0	3.9	2003
American River (Lower)	0	0	23	0	23	1972
American River (North Fork)	44	3.1	0	0	47.1	1972
Cache Creek	21	4.7	5.7	0	31.4	2005
Carson River (East Fork)	0	10.7	0	0	10.7	1989
Eel River	87.72	14.87	241.2	0	343.79	1972
North Fork Eel	30.74	0	3.11	0	33.85	1972
Middle Fork Eel	35.3	8.6	5.23	0	49.13	1972
Main Eel	13.3	6.27	138.16	0	157.73	1972
South Fork Eel	8.38	0	94.7	0	103.08	1972
Gualala River	0	0	3.39	0	3.39	2003
Klamath River	0	0	257	0	257	1972
Mokelumne River	18.41	3	15.55	0	36.96	2018
Salmon River	11.92	14.38	47.15	0	73.45	1979
North Fork Salmon	4.51	0	23.7	0	28.21	1979
Main Salmon	0	8.21	11.57	0	19.78	1979
South Fork Salmon	0	6.17	11.88	0	18.05	1979
Wooley Creek	7.41	0	0	0	7.41	1979
Scott River	0	6.39	18.36	0	24.75	1972
Smith River	53.1	2.24	243.62	0	298.96	1972
North Fork Smith	12.23	1.11	1.1	0	14.44	1972
Main Smith	0	0	25.9	0	25.9	1972
Middle Fork Smith	7.12	1.13	19.3	0	27.55	1972
South Fork Smith	23.3	0	17.9	0	41.2	1972
Myrtle Creek	0	0	6.73	0	6.73	1972
Shelly Creek	0	0	9.56	0	9.56	1972
Kelly Creek	0	0	3.86	0	3.86	1972
Packsaddle Creek	0	0	4.72	0	4.72	1972
Patrick Creek	0	0	3.38	0	3.38	1972
East Fork Patrick Creek	0	0	4.73	0	4.73	1972
West Fork Patrick Creek	0	0	3.06	0	3.06	1972
Griffin Creek	0	0	4.09	0	4.09	1972
Knopki Creek	0	0	5.69	0	5.69	1972
Monkey Creek	0	0	8.18	0	8.18	1972
Diamond Creek	0	0	9.27	0	9.27	1972
North Fork Diamond Creek	0	0	2.12	0	2.12	1972
Bear Creek	0	0	2.76	0	2.76	1972
Still Creek	0	0	3.11	0	3.11	1972
High Plateau Creek	0	0	3.13	0	3.13	1972
Siskiyou Fork	5.22	0	4.23	0	9.45	1972
South Siskiyou Fork	5.23	0	0	0	5.23	1972
Williams Creek	0	0	5.33	0	5.33	1972
Eight mile Creek	0	0	7.68	0	7.68	1972
Prescott Fork	0	0	7.59	0	7.59	1972
Quartz Creek	0	0	8.66	0	8.66	1972
Jones Creek	0	0	13.56	0	13.56	1972
Hurdygurdy Creek	0	0	16.3	0	16.3	1972
Gordon Creek	0	0	7.03	0	7.03	1972
Coon Creek	0	0	10.69	0	10.69	1972
Craigs Creek	0	0	10.2	0	10.2	1972
Buck Creek	0	0	7.47	0	7.47	1972
Muzzleloader Creek	0	0	3.28	0	3.28	1972
Canthook Creek	0	0	3.01	0	3.01	1972
Trinity River	44.66	40.59	121.02	0	206.27	1972
North Fork Trinity	13.6	0	1.65	0	15.25	1972
Main Trinity	0	12.9	99.8	0	112.7	1972
South Fork Trinity	23.94	22.46	10.7	0	57.1	1972
New River	7.12	5.23	8.87	0	21.22	1972
Van Duzen River	0	16.8	31.9	0	48.7	1972
Walker River (West Fork)	14	10	12.2	0	36.2	1989
Yuba River (South Fork)	0	32	8.1	0	40.1	1999
McCloud	0	0	0	46.7		1989
Deer Creek	0	0	0	N/A		1995
West Fork Mill Creek	0	0	0	8.07		1995
Mill Creek	0	0	0	6.13		1995
East Fork Mill Creek	0	0	0	6.46		1995
Totals:	294.81	158.77	1032.09	67.36

Notes and References

Web site: United States Government . October 2, 1968 . National Wild and Scenic Rivers Act .
Web site: State of California . 1972 . California Wild and Scenic Rivers Act . 2022-03-03 . California Legislative Information.
Web site: Evans . Steven . January 20, 2005 . The California Wild & Scenic Rivers Act .
Web site: Wild and Scenic Rivers, California State Designations Only, 2020 - California Natural Resources Agency Open Data . 2022-03-30 . California Natural Resources Agency Open Data.
Web site: California Code, Public Resources Code - PRC § 5093.52 . 2022-03-30 . Findlaw.
Web site: 2009 California Public Resources Code - Section 5093.50-5093.70 :: :: Chapter 1.4. :: California Wild And Scenic Rivers Act . 2022-03-30 . Justia Law.
Web site: Wild and Scenic Rivers, California State Designations Only, 2020 - California Natural Resources Agency Open Data . 2022-03-30 . California Natural Resources Agency Open Data.