Skagit WSR - Key Terms Defined

 

 

 

Classification

The process whereby designated rivers are classified as wild, scenic and/or recreational according to criteria established in Section 2(b) of the Wild and Scenic Rivers Act.

Annotation:
This terminology has caused frequent confusion because wild rivers are not necessarily fast-moving whitewater rivers, scenic rivers may not be noted for scenic values, and recreational rivers may not receive heavy public use. The labels actually refer to the degree of development along the river. The definitions of wild, scenic and recreational from the law are:

Wild—Those rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. There are no wild segments in the Skagit system.

Scenic—Those rivers or sections of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads.

Recreational—Those rivers or sections of rivers that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past.

Rivers in the National System are often referred to as “wild and scenic rivers” without regard to actual classification. This is acceptable when speaking of the National System in general, but the specific legal classification is an important distinction as it has a direct effect on how the river is administered and whether certain activities on federally owned land within the boundaries are permissible.

(Interagency Wild and Scenic Rivers Coordinating Council Technical Report: An Introduction to Wild and Scenic Rivers)

Designation

The process whereby rivers are added to the National Wild and Scenic Rivers System by an act of Congress or by administrative action of the Secretary of the Interior with regard to state-designated rivers under Section 2(a)(ii) of the Wild and Scenic Rivers Act.

Eligibility

Qualification of a river for inclusion into the National Wild and Scenic Rivers System through the determination (professional judgment) that it is free-flowing and, with its adjacent land area, possesses at least one river-related value considered to be outstandingly remarkable.

Free-flowing

Defined by Section 16(b) of the Act as “existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway.” (16 U.S.C. 1287(b))

Navigable Waters of the United States

Those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity. Precise definitions of navigable waters of the United States or navigability are ultimately dependent on judicial interpretation and cannot be made conclusively by administrative agencies. (33 CFR 329)

Ordinary High Water Mark (OHWM)

That line on the shore [or bank] established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. (33 CFR Part 328 Section 328.3 (Definitions))

Outstandingly Remarkable Values

Values among those listed in Section 1(b) of the Wild and Scenic Rivers Act are “scenic, recreational, geological, fish and wildlife, historical, cultural, or other similar values. . . .” Other similar values which may be considered include botanical, hydrological, paleontological, or scientific. Professional judgment is used to determine whether values exist to an outstandingly remarkable degree.

River

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

River Area

For designated rivers, the river and adjacent land within the authorized boundaries.

Water Resources Project

“…Any dam, water conduit, reservoir, powerhouse, transmission line or other project works under the Federal Power Act (41 Stat. 1063) as amended, or other construction of developments which would affect the free-flowing characteristics of a Wild and Scenic River… ” (36 CFR 297.3)

Waterway

Congress did not define the term used in Section 16 of the WSRA; however, the term has a generally recognized meaning, as that area within the ordinary high water mark.

Unless otherwise indicated, all references from Interagency Wild and Scenic Rivers Coordinating Council Technical Report: A Compendium of Questions and Answers Relating to Wild and Scenic Rivers.