Why does Wild and Scenic designation prohibit new dams or hydro projects may occur in the designated area?

The Act states:  “The Congress declares that the established national policy of dam 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 freeflowing condition to protect the water quality of such rivers and to fulfill other vital national conservation purposes” (1271, http://www.rivers.gov/publications/act/current-act.pdf).  The Wild and Scenic Act’s stance on no new dams is best understood by looking at the Act’s origin in 1968.  This was a time of large dam building.  Some folks in congress were noticing that the U.S. was losing its freeflowing rivers.  Part of the intent of the act was to free flowing rivers in the U.S. to balance the dam building. 

The Act states:  “The Federal Energy Regulatory Commission [FERC] shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act (41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), on or directly affecting any river which is designated in section 1274 of this title as a component of the national wild and scenic rivers system or which is hereafter designated for inclusion in that system, and no department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the

values for which such river was established, as determined by the Secretary charged with its

administration. Nothing contained in the foregoing sentence, however, shall preclude licensing

of, or assistance to, developments below or above a wild, scenic or recreational river area or

on any stream tributary thereto which will not invade the area or unreasonably diminish the

scenic, recreational, and fish and wildlife values present in the area on the date of designation of

a river as a component of the National Wild and Scenic Rivers System” (1278a, http://www.rivers.gov/publications/act/current-act.pdf). 

The Federal Power Act gave tremendous power to FERC over other regulations and agencies in licensing for hydro production.   The W&S Act tried to create a balance between FERC/hydro production and protecting freeflowing rivers.  Banning hydro may or not make sense in our area.  On the other hand, land, property, and water rights given to a developer when hydro is developed might be in conflict with other things in the town such as fish habitat, etc.  We are currently researching existing and potential hydro sites in the study area.  Please contact us if you would like to let us know about a potential site at info@vtwsr.org.