Abstract:
In 1968, Congress passed the Wild and Scenic River Act
creating a system of rivers protected from dams and other
development. By 1987, segments of four Oregon rivers were
protected by the Wild and Scenic River System: the Rogue,
Illinois, Owyhee, and a portion of the Snake along the
Idaho border. Passage of the Oregon Omnibus Rivers Bill in
1988 added 40 rivers to the System and made Oregon the
leading state in the number of rivers protected.
Prior to passage of the Omnibus Rivers Bill, the
effectiveness of the Wild and Scenic River Act as a method
of river protection had been questioned. Fewer rivers than
anticipated had been protected under the Act, largely because
the addition process had proven difficult. River
designations had faced opposition from local residents and
lacked support from managing agencies and environmental
groups.
This study identified the problems hindering implementation
of the Wild and Scenic River Act in Oregon. Legislative histories of the original Act, the Oregon river
additions, and the Omnibus Rivers Bill were studied. The
research also reviewed river study reports and management
plans, public opinion expressed in the study process and at
hearings, and correspondence with the agencies managing the
rivers.
Three general problem areas were identified. First,
conflicts have arisen between Wild and Scenic River designations
and traditional water and river corridor uses,
including hydroelectric and irrigation development, water
rights, mining, and logging. Second, the Wild and Scenic
River Act provided for the condemnation of private land to
protect the river corridor and imposed federal management
in privately owned areas. This has led to conflicts with
the traditional values of property owners along the rivers.
Third, legitimization of the Act by managing agencies,
environmental groups, and the public has been slow.
These three problems have hindered implementation of
the Act in Oregon. The greatest problem has been the conflict
with traditional values. Legitimization has become
less of a problem as the Act has gained support in the
l980s. Conflicts with traditional water uses have been
comparatively few. Observation of the events involved in
passage of the Omnibus Rivers Bill suggested that these
trends will continue. Most problems, however, will center
on conflicts between the traditional values of private
property rights and the public good.