Top 10 Conservation and Access Issues

August 1, 2002

            AmericanWhitewater is poised for another amazing year of river advocacy, possibly oneof our most impressive ever. In the next 12 months the AW team will be bringingyou releases on several phenomenal new rivers that will revolutionize paddlingin those regions, protecting and restoring fair public access to some of thenations greatest rivers, conserving thousands of acres of riverside land,representing you in the halls of federal government, and working hard to makesure we can keep doing all of these amazing things for paddlers and rivers thatwe do every day. The following 10 conservation and access issues represent across section of the work we will be doing this coming year all across thecountry. They are ten of our most important and challenging issues and areindicative of literally hundreds of other projects that our small and effectiveprogram staff is constantly working on.

            In June,the American Whitewater staff got to revel in the work we do, while paddlingdown the first ever release on California’s North Fork of the Feather River. Whilewe were getting pummeled in holes and swimming (and soaring off granite boofsand throwing huge splat wheels) we had the time to think about all theincredible things we brought to the paddling community in the past year andwhat made it all possible.

            What we didwere things like re-opening the permitting system on the Grand Canyon forreview, pulling off numerous flow studies that lay the ground work for futuredam releases, signing numerous settlements that create or enhance whitewaterruns across the country, and being selected to represent paddlers and rivers byNational level decision makers including Congress itself.

How we did it was with your help,as volunteers and as members. Without your help we could not do what we do, andwithout AW and our members, the thousands of rivers that we protect would beleft unguarded.

            After ourruns down the Feather the AW staff was ecstatic and proud as we sat down forseveral days of strategic planning. Through our collective river-buzz, oneominous issue kept creeping into virtually every discussion we had: membership.

Our sport may be rapidly growingbut AW membership is not, and that is a huge threat to all the rivers that weprotect every day. For that reason the conservation and access staff decided tobreak from tradition and add membership as one of our top 10 conservation andaccess issues for the coming year.

            The comingyear stands to be one defined by huge accomplishments for AW and the paddlingcommunity. We look forward to making the country an even better place to paddlefor years to come. Read on to see what some of our biggest challenges of thecoming year will be, and how you can help!

 

  1. Membership (National) – Conservation/Access

 

Issue: WaningAmerican Whitewater membership.

 

Goal: To restoreand increase membership so that we at AW can be most effective.

 

Current Status: Believeit or not, boaters present one of the greatest threats to our nation’swhitewater rivers. We aren’t talking about overuse, but rather apathy among ourpaddling community, and the resulting drop in American Whitewater membership.

            AmericanWhitewater works hard on many fronts to protect and restore whitewater riversacross the country, and if we are not there, much of this work will not getdone. Without a strong membership base, we are politically and economicallycrippled. The tremendous work we do benefits the entire paddling community butis funded by an increasingly small minority.

Many boaters in the paddling community takeadvantage of releases on the Tallulah or access to the Ocoee and Gauley butneglect to contribute to the organization that made these releases and accesssites possible. American Whitewater is the steward of these opportunities andplaces. Without us there, the rivers will one day run back into someone’s bankaccount, instead of under our boats, and new opportunities like the CheoahRiver will go untapped. American Whitewater’s conservation and access work ismore dependent on membership and donations than ever before, at a time whenthose sources are waning.

With the growing numbers of newboaters out there, and the increase in popularity of the sport, we’ve begun toexperience an apathetic attitude among the boating community. The assumptionremains that rivers are open to all boaters, and will remain open. Thecommunity forgets the history behind the rivers; that without the work ofAmerican Whitewater and its volunteers, many of the rivers we paddle on adaily, weekly or monthly basis would be dry, dammed, or inaccessible to boaters(or could be in the future).

By our estimates, fewer than 1 in 10 whitewaterboaters is an American Whitewater member. If we could just increase that numbera little bit we could all sleep more soundly at night, knowing that our riversare secure. If we were able to double that membership, we’d be able to hireregional experts in Colorado, California, Washington, and the Northeast to helpus with our core efforts protecting your favorite local rivers. AmericanWhitewater’s strong record of successes in preserving America’s whitewaterrivers is threatened by boater apathy. Thus, even if you don’t have the time tovolunteer to see a relicensing through from start to finish, or visit a courthouse in southeastern Colorado, simply registering your friends as memberswould be a huge help and substantially increase our ability to work for you andfor rivers.

 

Precedent: American Whitewater has some of the most loyal andpassionate members imaginable that donate countless hours of their time andsignificant in-kind and financial contributions. Still, our membership iswaning in a tough time and compromising our ability to work effectively.

 

Contact: Jessica Rice, Membership Coordinator, 866-BOAT-4-AW(866-262-8429)

 

  1. Cheoah River (NC) – Conservation

 

Issue: Damrelicensing of an incredible Southeastern river.

 

Goal: To reach a settlement agreement that includes recreationalreleases, access, flow information, and land protection.

 

Current Status: Thanks to a broken turbine, boaters were able topaddle the normally dewatered Cheoah River this spring on a much greaterfrequency than ever before at flows ranging from 600 to over 3000 cfs. What wasreaffirmed is that the Cheoah is absolutely one of the best rivers in thesoutheast: awesome scenery, easy access, 100 feet per mile of consistentgradient, clear blue water, and lots of local creeking and hiking options. AWis working through the dam relicensing process to secure scheduled whitewaterreleases on the Cheoah for the next 30 years. We hope to integrate thesereleases with future releases on the Cascades of the Nantahala and the WestFork of the Tuckasegee, also in negotiations right now. In addition to therecreational enhancements we hope to protect a large amount of wildlands,restore healthy continuous instream flows, and promote the natural biodiversityof the Cheoah and Little Tennessee River Corridors. The paddling community hasmore to gain with the restoration of this river than most boaters can evenimagine. American Whitewater has been working on this river for several years,laying the groundwork for the current negotiations.

            Thechallenges of the next few months are equally as immense as the potentialrewards. American Whitewater has been carefully drafting proposals that blendthe interests of the resource agencies, private and commercial boaters, andother stakeholders like lakeside homeowners and the power company. Theseproposals have helped the ongoing intense negotiations move forward toward thegoal of a healthy river. American Whitewater hopes to sign a settlement inearly 2003 that includes a robust schedule of recreational releases that havethe potential to increase over the years. We are there at the table withseveral amazing volunteers several days each month, working to bring you a epicnew paddling destination in the Southeast.

 

Precedent: Dam relicensing is an opportunity for citizens torequire that a power company share a river with the public. There are manycompeting interests that must come together through negotiations to reachsettlement on complex issues. Dams take 5 years to relicense and the licenseslast 30 to 50 years.

 

Contact: KevinColburn, Conservation and Access Associate

 

  1. Colorado (State-wide) – Access

 

Issue: Your rightto float in Colorado is threatened; there are at least a dozen serious accessthreats that could blow up into legal battles that significantly limit yourrights and privileges to float and fish on the state’s waterways.

 

Goal: To clarify the public right to float in anunassailable legal context that ensures boaters are not harassed and can navigate,float, and recreate on Colorado’s rivers and streams.

 

Current Status: In 2001, American Whitewater hassuccessfully helped to defend the public’s right to float on many of Colorado’srivers, some of our recent successes include:

  • In May, board member Tim Kelley secured boater access to the Cheesman Gorge.
  • In June, American Whitewater’s attorneys obtained a settlement that protects access to the South Platte for American Whitewater and Colorado White Water Association members.
  • In June, American Whitewater’s attorneys helped to protect the public right to float on the Lake Fork Gunnison. Access had been threatened by a private landowner’s suit against a rafting company. While access remains vulnerable, it appears that the threat is muted for now.
  • In July, American Whitewater volunteer Patrick Tooley helped restore access to the Blue River below the Green Mountain Reservoir. Access had been closed by the Bureau of Reclamation in the wake of 9/11 (see below for more about the effect of 9/11 on boating access).

However, even with these successes, there are dozens of other accessthreats in Colorado. American Whitewater will work to resolve these otherissues with your support. We estimate that we need a standing fund of $10,000dollars to continue to fight the short-term battles and prepare the battlefieldfor long-term solutions favorable to paddlers.

 

Precedent: Some well funded individuals and corporate interests areseeking to limit your right to float and recreate on Colorado’s rivers. Coloradohas the most vulnerable navigability laws in the country and some individualswant to limit public access on Colorado’s rivers as a regional precedent forclosing rivers in neighboring states.

 

Contact: JasonRobertson, Access Director

 

 

  1. Homeland Security (National) – Access

 

Issue: Followingthe terrible events on 9/11, many rivers have been closed or are threatenedwith closure by dam managers citing “security” concerns.

 

Goal: To work with security personnel at the dam and rivermanagement agencies to address their security needs while protecting thepublic’s river use and access traditions for boaters and fishermen.

 

Current Status: InJune, the Washington Post quotedAssistant Attorney General Michael Chertoff, when he affirmed that “to destroya dam physically would require ‘tons of explosives.’” Such a volume ofexplosives is far in excess of the volume or carrying capacity of a whitewatercanoe, kayak, or fishing bag. Further, in response to questions about theSultan River closure, Dave Harris, a spokesman for the U.S. Army Corp ofEngineers in Seattle, was quoted by HeraldNet.comthat there have been no confirmed incidents of any security breaches regardingany dams or water sources under the Corps’ jurisdiction. Nevertheless fishingand boating access downstream of many dams has been closed in the wake of 9/11,and we continue to get new reports of both actual and threatened closures on a regularbasis.

A short list of closures and boaterrestrictions made in the wake of 9/11 include the following:

·       Mongaup River closed below Rio Dam (NY)

·       Sultan River closed below Spada Lake (WA)

·       New River threatened with closure through the RadfordArmy Ammunitions Plant (VA)

·       Ausable river threatened with closure (NY)

·       South Fork of the Flathead closed below Hungry HorseDam (MT)

·       Lower Blue River below Green Mountain Reservoir closedbut re-opened in July (CO)

·       Statewide boater registration requirements proposed,temporarily blocked (CT)

We are very concerned about anyplans to restrict or limit recreational boating access to America’s rivers inthe wake of 9/11. While we respect and understand the need for security, and acknowledgethat certain appropriate sacrifices will be made in the immediate future, webelieve that it should be possible to provide security and also protectexisting public access, privileges, traditions, and freedoms.

The past year has been a difficultone for the nation. In response to President Bush’s plea to continue supportingthe economy and protecting core American values, AW is committed tosafeguarding the special places that make this country such a wonderful land. Itis our civic responsibility to rise and support both our war efforts and theway of life we had before 9/11. We are fighting a war to protect our security,freedoms, public services, and a way of life that we value. Whenever wesacrifice any of those freedoms, then in the words of President Bush "Weare letting the terrorists win." That is not an acceptable outcome. Pleasejoin us in protecting and restoring access to the country’s special places,such as the Mongaup, Sultan, New, and South Fork Flathead, which have longtraditions of public use and heritage.

 

Precedent: While many rivers have been closed since9/11, few of these closures have done anything for public safety. Theobjectives of these closures need to be defined and the security concerns needto be examined to determine whether the closures satisfy the security needs andare truly in the public’s interest. Our volunteers’ July 2002 success inconvincing the BuRec to re-open the Blue River below the Colorado’s GreenMountain Reservoir provides a model for future cooperation and action.

 

Contact: Jason Robertson,Access Director

 

 

 

 

  1. Hydropower Legislation (National) – Conservation/Access

 

Issue:Legislative Reforms of Federal Power Act

 

Goal: Protect river resources and existing environmental standardsin the Federal Power Act

 

Current Status: Inknee-jerk fashion following the aftermath of California’s energy crisispoliticians have proposed legislative reforms to avoid future crises and solvethe “relicensing problem”. This issue has largely been brought beforelegislators by utility lobbyists capitalizing on public resentment towardincreased energy bills. These lobbyists have carefully steered legislatorstoward the “problems” inherent in licensing private hydropower projects. Thesearch for a solution to the crisis ultimately fell upon reforming the environmentalregulations contained in the Federal Power Act.

 

The Senate energy bill, S.517, containedmultiple drafts of reform language all of which failed the bipartisan litmustest. In April, Senators Ben Nelson (NE) and Larry Craig (ID) successfully amended(SA 3140) Title III of the Senate energy bill, S.517. The amendment basicallypermits utilities to draft alternative environmental conditions to thoseproposed by resource agencies. In short, the Nelson-Craig amendment givesutilities the following: 1) a louder voice than any other interest in deciding howour rivers are managed; 2) undermines the environmental standards thathydropower dams must meet, and 3) opens a loophole for utilities to challengebasic environmental protections on the grounds that they harm profit margins. TheNelson-Craig amendment further skews the licensing process in the favor ofutilities, at the expense of equal public participation and criticalenvironmental protections. 

 

 Next Steps:The Senate and House must now rectify any differences between the Senateand House energy bills in a Senate-House conference committee. Both theSenate and House must approve the final bill that comes out of the conferencecommittee, and the President must sign it. American Whitewater will post alertswhen this vote comes up.

 

Precedent: The Federal Power Act should not bealtered in a fashion that skews the process for licensing a hydropower projectin favor of the utilities with an economic self-interest in the outcome. Thenation’s rivers and streams are a vital resource that should not be monopolizedfor power production alone. Public input and resource agency review arecritical components in the licensing process to ensure that non-power valuesare balanced with power generation.

 

Contact: John Gangemi, American WhitewaterConservation Director

 

  1. Grand Canyon (AZ) – Access

 

Issue: Theprivate boater permit Wait List is over 25 years long. The Park Service is

 

Goal: AmericanWhitewater’s fundamental requirement of the Colorado River Management Plan isthe preservation of the Colorado River corridor within the Grand Canyon as anunimpaired natural and cultural area, to the extent possible given thedownstream effects of Glen Canyon Dam. Within resource protection and visitorexperience parameters, visitor opportunities should be maximized and equitablydistributed to the greatest number of participants as practicable, while maintaining a diversity of tripstyles and experience opportunities.

 

Current Status: InFebruary 2002, the Park Service (NPS) settled the lawsuit brought by AmericanWhitewater and other plaintiffs and agreed to recommence the Colorado RiverManagement Plan (CRMP) planning efforts.

Now,as a result of the Park’s agreement to settle, the NPS is preparing anenvironmental impact statement (EIS) for the CRMP for Grand Canyon NationalPark. The purpose of this EIS/CRMP is to update management guidelines for theColorado River corridor through Grand Canyon National Park. The settlementrequires the NPS to complete the EIS/CRMP by December 31, 2004.

Thiseffort will identify and evaluate alternatives for visitor use andlevels of motorized and non-motorized trips, the allocation anddistribution of use for user groups, and a permit distribution systemfor noncommercial users. The NPS will develop and evaluate alternatives toaddress resource protection issues, potential resource impacts, usercapacities, and mitigation measures necessary or desirable to avoid or minimizeimpairment of natural and cultural resources. The NPS will also consideralternatives that include no-action (status quo), no motorized use, and varyinglevels of motorized and non-motorized use.

Majorissues include the following: Appropriate levels of visitor use consistent withnatural and cultural resource protection and preservation mandates; allocationof use between commercial and non-commercial groups; the private boater permittingsystem; the level of motorized versus non-motorized raft use; the range ofservices provided to the public; and, the termination of use of helicopters totransport river passengers from the Colorado River near Whitmore Wash.

Moreinformation is available on our website at http://www.americanwhitewater.org/archive/article/487/or may be obtained from CRMP Project Leader, Grand Canyon National Park, P.O.Box 129, Grand Canyon, AZ 86023, 928- 638-7945.

 

Precedent: The Park Service’s decisions in the 2004 CRMP willestablish the management direction for at least the next decade. Decisions inthe Grand Canyon also receive significant publicity and are used as a baselinefor comparison by river managers throughout the country. Good decisions willlead to positive ripples through the community of river managers. Bad decisionswill splash through this community and could result in further bad decisions onother rivers.

 

Contact: JasonRobertson, Access Director

 

  1. North Fork Feather River (CA) – Conservation

 

Issue: Traditionalconfrontation oriented approach by PG&E in Multiple Hydropower RelicenseProceedings on the North Fork Feather River.

 

Goal: AmericanWhitewater is applying a watershed approach to re-establish the North ForkFeather’s natural and recreation resources through river access, scheduledflows and real-time flow information as well as increased minimum instreamflows for aquatic habitats and land easements for conservation.

 

Current Status:You might be wondering why the North Fork Feather River appears on AmericanWhitewater’s Top 10 list in 2002 while in the same issue we are celebrating thefirst whitewater releases on the river since construction of the Rock Creek andCresta dams. The answer lays in PG&E’s complex stairway of power on theNorth Fork Feather. While there is much to celebrate with the new settlementfor the collective fourteen miles of river below Rock Creek and Cresta damswith monthly whitewater releases for the next 30 years American Whitewater isstill a long way from restoring the remaining thirty-six miles of the NorthFork Feather dewatered by PG&E hydropower projects. These projects includethe Poe hydropower project and the Upper North Fork hydropower project. Earlyin the settlement negotiations American Whitewater encouraged PG&E to takea watershed approach wrapping all the dams and powerhouses into a singleproceeding. A watershed approach focuses enhancement opportunities on reacheswhere that resource attribute is best manifested. This enables stakeholders toapply limited hydrologic resources and mitigation efforts for the greatestoutcome.

 

PG&E shied away from a watershed approach choosinginstead to relicense the projects individually in the traditional style. Thatstyle typically equates to resource conflict. Stakeholders fight for limitedresources. PG&E opposes whitewater releases on the Poe, Belden and Senecareaches claiming that whitewater flows will cause serious impacts on theaquatic environment particularly amphibians. The very existence and operationof PG&E’s hydropower projects are the root cause of dwindling amphibianpopulations. PG&E’s arguments against whitewater releases are simplyattempts to further their own self interest in a dewatered river where the bulkof the river flows through pipes from dams to powerhouses.

 

American Whitewater works closely with resource agencies andpublic stakeholders to develop appropriate ramping rates, and flows to mimicthe natural hydrograph to eliminate biological impacts.

 

Poe hydropower project: The Poe project diverts water out ofa nine mile section of the North Fork Feather. In May 2000, American Whitewaterconducted a whitewater controlled flow study on this reach. The first half ofthe reach contains excellent Class IV-V paddling. The second half containsexcellent Class III paddling. There is access at the mid-point allowingpaddlers to select their appropriate skill level. Upper North Fork hydropowerproject: The Upper North Fork project contains three reservoirs and threepowerhouses each of which divert water away from substantial reaches of theNorth Fork Feather, sixteen plus miles. In October 2000, American Whitewaterconducted a whitewater controlled flow study on the six mile Class III Beldenreach and the ten mile Class V Seneca reach.

 

Precedent: PG&E’sstance on the North Fork Feather requires American Whitewater to hammer away atthe negotiation table in each individual proceeding rather than taking aprogressive watershed approach for the river system.

 

Contact: JohnGangemi, American Whitewater Conservation Director

 

  1. Skykomish River (WA) – Access

 

Issue: Thepreferred put-in on the South Fork Skykomish below Sunset Falls is closed. Thepreferred take-outs are on private property.

 

Goal: To secure safe, legal, long-term public access to theSkykomish.

 

Current Status: Duringthe past 6 months, American Whitewater volunteers lead by Regional CoordinatorTom O’Keefe, have been meeting with State officials, politicians, real estateagents, paddlers, and local landowners to determine the best options for safe,long-term public access to the Sky.

In May 2001, American Whitewaterand the Washington Kayak Club established the Skykomish River Access Fund with$5875 from the 2001 Sky Fest. Private donations have raised the holdings of thefund to about $6625 (at press time the 2002 contribution amount had not yetbeen determined).

This fund recognizes the fact thatlegal river access opportunities along the whitewater sections of the SkykomishRiver in Washington State are limited and diminishing. There are few publicright-of-ways or easements, and there is little publicly owned land allowinglegal access to this popular river. We are seeking to build the fund to about$20,000 in order to apply for matching funds from government agencies andprivate foundations, and acquire a permanent take-out facility.

 

Precedent: The successful acquisition or lease of an access pointin Washington State will improve relations with state agencies and couldprovide a model for future access acquisitions by state agencies for theboating and fishing community.

 

Contact: JasonRobertson, Access Director

 

  1. Ocoee River (TN) – Conservation/Access

 

Issue: TVA is ending free releases on the Upper Ocoee after thisfall, and charging boaters and outfitters for water.

 

Goal: To secure 74 free recreational releases annually on the UpperOcoee.

 

Current Status: The Upper Ocoee continues to be an issue thatAmerican Whitewater considers a top priority. It is a challenging project forus to work on; butting heads with a massive archaic political organization likethe Tennessee Valley Authority (TVA) is no easy task! American Whitewater isattempting to work with the TVA, as the formal representative for downstreamrecreationalists in TVA’s Reservoir Operations Study (ROS). AW is also workingto educate our members, regional business owners and citizens, and politiciansabout the importance of recreation on the Ocoee and all that we stand to gainthrough the ROS. We are advocating for free recreational releases at monthlymeetings that will wrap up with the completion of the ROS late in 2003.

This being said, the TVA continues to state that theUpper Ocoee is simply not an important issue for them, and that releases therewill cease unless boaters and outfitters pay for them. American Whitewater iscontinuing to assert that the TVA has a legal and social obligation to sharethe Ocoee River with the public, free of charge. The TVA is not subject tofederal regulations so we must use creative approaches to affect change withinTVA (not to mention the Army Corps of Engineers, Bureau of Reclamation and othersimilarly exempt organizations). If TVA refuses to address our concerns throughthe ROS than they will be proving to the world that they are taking advantageof the public, and we will seek to reform TVA.

There are several proposals being made in the OcoeeCommunity that are considering cost sharing with TVA to provide releases. AWwill take part in these discussions while working to convince the TVA to do theright thing and provide the water free of charge. We are hosting the TEVANational Freestyle Championships on the Upper Ocoee in October, which will bethe last event on the Upper Ocoee that the TVA intends to provide water forwithout charging exorbitant prices for the water. Your chance to help save theUpper Ocoee will come early next spring with the opportunity to comment on thefinal phase of the ROS. Let AW lead the way, and support us in our quest for anUpper Ocoee River that supports the regional economy and the growing paddlingcommunity of the Southeast!

 

Precedent: TVA has little to no oversight and is not ethicallymanaging their rivers. Their answer to a public process is their ReservoirOperations Study, which may or may not fairly address the needs of the public.

 

Contact: Kevin Colburn: Conservation and Access Associate

 

  1. Route 3 Wave (NY) – Conservation/Access

 

Issue: The potential alteration of an existing play-wave to make itattractive for competitions.

 

Goal: To make sure that a fair public process is in place thatprotects the river, the community, and the regional boaters.

 

Current Status: Plans to alter a small glassy surfing wave indowntown Watertown New York have sparked national attention and intense debate.The wave, known as the Route 3 Wave, is on a highly altered and developedsection of the Black River, but is still well loved by local intermediatepaddlers. Plans to alter the wave to make it a more advanced feature suitablefor freestyle competitions have upset the paddlers who like to surf on the waveas it currently exists. These paddlers were also concerned that access to thewave would be limited.

American Whitewater has entered the process by firstmaking sure that there is a process, a fair one with ample opportunityfor public comment. We also worked closely with regional paddling clubs todesign a set of recommendations that will put safe-guards into place thatprevent damage to the river, ensure a completed and well designed wave, ensurefree public access to the site, and protect the city of Watertown from gettingstuck with any economic burden. We’ll be working through volunteers andtraveling to New York to assist on the resolution of this issue in a way thatis best for paddlers and the river itself.

So why is this a conservation/access issue? First ofall, AW does not encourage paddlers to alter natural rivers for any reason. TheRoute 3 is a highly altered site and the actual on-site ecological impacts ofsuch a small alteration would be negligible. We therefore considered theproposed project on a watershed scale. Increased use of the Black River at asite like Route 3 could actually help the river and boaters alike by assuringthat use triggers are met which will lead to additional releases on the riverfrom an upstream dam. The visual nature of a well designed whitewater park insuch a populated urban area would also likely lead to a community that thinksabout upstream and downstream uses of the river. Essentially, it could create acommunity of river advocates by casting a spotlight on the river. We chose toget involved in this project from an access point of view because there was apotential to increase access or lose it entirely as a well-loved site.

 

Precedent: Every indication we have shows that play parks are atleast a wave of the future. We at AW feel that we have an obligation tomake sure that these projects only happen in appropriate places, through publicprocesses, and for the benefit of the river and the public at large. The Route3 project highlights some of the tough issues that we’ll face in the nearfuture as whitewater parks become more prevalent.

 

Contact: KevinColburn, Conservation and Access Associate