Young and old, Republican and Democrat, native resident and recent newcomer – ask almost any Nevada County resident what natural landmark makes our community so unique and enjoyable and you’ll invariably hear the same refrain – the South Yuba River. After all, what can compare to hiking an historic Gold Rush trail thick with lupine and poppy? Or plunging happily into a translucent pool? Or catching a glimpse of the rare river otter? Free-flowing rivers like the South Yuba have a way of coursing through all of us, tugging at some innate sensibility that can unify an entire community, no matter how diverse its citizenry.
Since 1983, the South Yuba River Citizens League (SYRCL) has been unifying community efforts to protect the South Yuba River from unnecessary dams that would destroy its free-flowing and wild qualities. Two of these projects actually obtained licenses from the federal government (the Federal Energy Regulatory Commission) but were later abandoned due, ultimately, to financial difficulties on the part of the develope. Since then, neighboring Yuba County Water Agency (YCWA) has expressed interest in no fewer than four potential major dam sites between Spaulding Dam and Englebright Reservoir. In fact, YCWA voted in 1997 to spend $700,000 studying the feasibility of two of those projects – Parks Bar Dam and Waldo Dam – and another $7 million for fast-track permitting and licensing of these projects. Until this section of river is permanently protected, dam construction is a never-ending and very real threat.
After years of educational efforts on the part of SYRCL, the Nevada County Board of Supervisors in October 1995 voted unanimously to include language in the Nevada County General Plan calling for the recognition and protection of the South Yuba River canyon as an important resource and discouraging the placement of new dams on the river. SYRCL applauded the Supervisors for officially recognizing our community’s desire to keep new dams off the river.
Unfortunately, this protective language cannot keep new dams from being proposed, licensed, and built. Why not? Because such language is neither binding nor enforceable on the federal agency responsible for licensing new dam projects – the Federal Energy Regulatory Commission (FERC). Nevada County government has no regulatory authority whatsoever over dam licensing and construction on its own local rivers. So, in spite of the important language that at least codifies the community’s desire within the General Plan, the South Yuba remains as vulnerable as ever to existing and future dam threats.
There is, however, one sure-fire way to end these persistent dam threats and return local control of the South Yuba to local citizens, and that is through federal Wild & Scenic designation. Hundreds of communities like ours around the country are enjoying the benefits of Wild & Scenic protection for their rivers. Once a river is designated by Congress as Wild & Scenic, the federal government loses its authority to license new dams on the protected portion of river.
Ironically, it takes action by the federal government – in this case, literally an act of Congress – to remove federal dam licensing authority on the South Yuba. Our river can be permanently protected without conflict to private landowners or impacts on the realistic and wise use of water resources now and in the future. Indeed, protection of the river is critical to both.
Frequently Asked Questions About Wild & Scenic
Why Does the South Yuba Need Protection?
The South Yuba River has been threatened over the years by a number of proposals for unnecessary and harmful dam projects. Two of these projects, Miner’s Tunnel and the Excelsior Ditch project, made it through the federal review process and received project licenses from FERC, despite state and local opposition. FERC is an independent federal agency that regulates non-federal hydroelectric dams. A FERC license grants a developer the right to alter a river for energy production, regardless of state or local regulations.
In addition, the South Yuba has been targeted by downstream developers like the Yuba County Water Agency, which has identified various locations as "potentially buildable" and is spending hundreds of thousands of dollars right now studying two such sites.
Unfortunately there is little recourse for local or state government to stop a FERC-licensed project. Without Wild & Scenic designation, a river’s fate is squarely in the hands of the federal government and private developers. Through the federal government’s system of checks and balances, it takes one federal authority – Congressional designation of a river under the Wild & Scenic rivers program – to curb the power of another federal authority – the Federal Energy Regulatory Commission.
Why do Developers Want to Dam the River?
The answer is quite simple: economic gain. Water agencies and others can benefit from the sale of "excess" water to out-of-county customers as far away as Southern California. This practice is commonly referred to as "water ranching" or "water wheeling." For example, neighboring Yuba County Water Agency (YCWA) made over $30 million during California’s seven-year drought selling Yuba water to water districts and customers all over the state. The two dam projects under study right now are likely being considered as a means for augmenting YCWA’s storage capacity, which, in turn, could increase YCWA’s profit potential through future water sales.
How does the Wild & Scenic Rivers Act Stop Dams?
In 1968 Congress passed the Wild & Scenic Rivers Act. The purpose of the Act was to balance the long-standing national policy of water development with a complementary means of protecting the few remaining free-flowing rivers in the country. To accomplish this, national Wild & Scenic protection prohibits FERC from licensing new dams and diversions on protected rivers. The Act states:
"It is hereby declared to be the policy of the United States that certain selected rivers of the Nation which, with their immediate environments, possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values, shall be preserved in free-flowing condition, and that they and their immediate environments shall be protected for the benefit and enjoyment of present and future generations. The Congress declares that the established national policy of dams and other construction at appropriate sections of the rivers of the United States needs to be complemented by a policy that would preserve other selected rivers or sections thereof in their free-flowing condition to protect the water quality of such rivers and to fulfill other vital national conservation purposes."
Wild & Scenic status is a privilege reserved for special rivers whose adjacent communities recognize and want to protect the river’s values. Only two percent of the nation’s rivers even are eligible for Wild & Scenic designation, since most are too degraded or have been dammed up already.
How does a River Become Designated Wild & Scenic?
Designation is a multi-step process. First, a river must be found eligible. To be eligible, a river segment must be free-flowing and possess at least one "outstandingly remarkable" value related to recreation, scenery, historic value, cultural value, fisheries, wildlife, geology, etc. Public land managing agencies, such as the US Forest Service (USFS), the Bureau of Land Management (BLM) and others, are required to identify eligible Wild & Scenic rivers within their jurisdictions. Both the Forest Service and BLM have determined that at least 39 miles of the South Yuba, between Spaulding Dam and Englebright Reservoir, are eligible for designation.
The second step involves a finding of suitability by the appropriate public land managing agencies. A suitability determination looks at whether it is in the public interest to designate an eligible river, or are there compelling reasons to leave that particular river unprotected. On May 8, 1996, the Tahoe National Forest released its suitability study and draft recommendations for the 22 eligible rivers on the west slope of the Tahoe National Forest. The draft report recommended the South Yuba as one of three west side rivers that are both eligible and suitable for Wild & Scenic protection. The final report is due out by Spring of 1999.
Because the national Wild & Scenic Rivers program is a federal protection program, rivers typically become designated through an act of Congress. A bill must be introduced and passed through both the House of Representatives and the Senate for signature by the President. The only exception to this rule is a provision of the Act under Section 2(a)(ii) which allows a state governor to recommend adding state-protected rivers to the national system with the approval of the Interior Secretary. Since the South Yuba is not a state-protected river, it would have to be designated through an Act of Congress.
In Addition to Prohibiting New Dams, What Else Does Designation Do?
An average ¼-mile Wild & Scenic corridor is established encompassing the public lands on each side of the river. This public lands in this corridor continue to be managed by the existing public agencies. In the case of the South Yuba, the managing agencies are the Forest Service, BLM, and the State Department of Parks & Recreation. Together these agencies manage more than 57% of the river corridor.
Activities which could harm the values that made the river eligible in the first place can be restricted, but only on public lands. Private landowners may be encouraged to manage their lands similarly to protect the river’s values. But they are not required to do so.
Following designation, the public land managing agencies have three years to develop a management plan for the public lands in the ¼-mile corridor on each side of the river. Private landowners, local government officials, recreationalists, the business community and others are strongly encouraged to participate in the development of this plan, since these public lands belong to all of us. The management plan is also used to address existing problems like littering and trespassing on adjacent private lands by providing better supervision of public use on the public lands and allowing for better enforcement of existing regulations. Better management of recreation on public lands means fewer problems for private landowners nearby.
What Impact does Designation Have on Private Property Values?
Most realtors will tell you that property values are dependent on three main factors: location, location, and location. Seldom is it viewed as a benefit to have your property buried under a reservoir or left high and dry when water is backed up behind a dam. Property on or near the South Yuba is valuable precisely because of the river, which explains why many property owners in the canyon are so supportive of Wild & Scenic protection for the South Yuba.
Would Designation Jeopardize Future Local Water Needs?
No. According to a Board Member of the local water district, there are no plans by the water district to dam the portion of the South Yuba that is being considered for Wild & Scenic designation. Our local water comes from above Spaulding Reservoir. If a dam were to be built in the South Yuba canyon for local water use, it would require expensive pumping to get the water where it needed to go. In addition, there is very little water left to develop in the proposed Wild & Scenic section, since on average 60% of the river’s flow is already diverted out of the river at Spaulding Dam.
Does Wild & Scenic Affect Existing Water Projects?
Again, the answer is no. Wild & Scenic designation would not affect current projects in the Yuba/Bear watershed. Existing water projects are specifically grandfathered in by the Wild & Scenic Rivers Act. The intent of designation is to prevent new federally-licensed projects that would destroy the river’s special values.
Does a Wild & Scenic Designation "Lock Up" the Resource?
No. With or without designation, the South Yuba’s waters will continue to flow downstream, as they have for millions of years. But with Wild & Scenic designation, we can "lock out" federal control of this valuable resource so that we, the citizens of Nevada County, not the Federal Energy Regulatory Commission, can control the fate of our river.
Is Wild & Scenic Good for the Local Economy?
YES! A Department of Parks & Recreation study estimated that the South Yuba River attracts the equivalent of 620,000 visitors each year. This number is high because the Yuba is accessible year-round for different activities, including hiking, boating, swimming, pinicking, fishing, wildlife viewing, and more. Each visit generates an average of $10 per day. This amount is typically multiplied by a factor of 3 to account for how many times each tourist dollar gets re-spent in the local community. Many agencies, like Chambers of Commerce, actually use a factor of 7 to calculate spending turnover. But using a multiplier of 3, the 620,000 visits at $10 per visit generate close to $20 million that is pumped through the local economy each year..
Without permanent protection, the South Yuba canyon’s extraordinary recreational qualities could be lost to canyon flooding, de-watering or the devastating scarring of dam construction. Along with the loss of irreplaceable recreational assets, the community would lose associated economic benefits such as tourism revenue and increased real estate values. In short, a free-flowing South Yuba is good for private landowners, good for local business, and good for local residents who enjoy this magnificent resource right in their own backyard.
Conclusion
The South Yuba is already a hard-working river. It has been a working river since the first dam at the Spaulding site was built in 1892, and even before that during the Gold Rush era. Yet qualities remain that make this river an outstanding resource for California and the rest of the country.
For more than 100 years, our society has celebrated and romanticized the era of the Gold Rush in California, which led to settlement by Europeans, to a cash economy, and to a tamed native landscape literally leveled by mammoth hydraulic hoses. The Gold Rush gave way to the agricultural economy, which later grew into the more diverse consumer economy that marks the California of today. The growth has been continuous and has benefited many people; but remnants of the natural landscape benefit many people, as well.
We have celebrated the Gold Rush well, and perhaps now it is time to celebrate a new era – to recognize a California different from the boom towns of the miners, from the rice fields and hay fields of the irrigators, and even from the growing sprawl of cities. Without turning our backs on those histories or abandoning anything we have done, we have the opportunity to celebrate Nevada County as a native place, with a canyon and a river that shows the best of old-time California while at the same time hosting ecosystems that can sustain us into the future.
The South Yuba has done its part in contributing to early settlement and wealth. It has provided its share of hydroelectric power and water supplies to many homes and farms. It will continue to do so. But now, before it’s too late, the South Yuba can also be protected in order to provide for the needs of an even more modern California. Here the natural qualities that remain can be safeguarded for today and into the future. We do not need one more dam among 1,600 others that block rivers across California. What we need is to retain at least a few of the rare places of natural wonder, like the South Yuba. To use this river otherwise would cost a great deal. To save it will cost next to nothing