Questions & Answers - Hermosa Creek Watershed

Red fox, courtesy of CO Department of Wildlife

Questions and Answers Have questions? Some frequently asked questions about Wilderness and Wild & Scenic Rivers are listed below. If we haven't answered your question, please feel free to contact Meghan. Wilderness Questions and Answers What is Wilderness? What activities are permitted in Wilderness areas? Is motorized transportation totally prohibited in Wilderness areas — even in emergencies? Does Wilderness designation take property rights away from those who now hold development rights, water rights, or private property within the proposed areas? Are hunting and fishing allowed in wilderness areas? Does wilderness designation prohibit livestock grazing? Can fire and damaging insects be controlled in wilderness areas so they don't spread to surrounding lands? Doesn't wilderness designation discriminate against people with disabilities? How does wilderness designation affect water rights? Are bicycles or mountain bikes allowed in wilderness? Wild & Scenic Rivers Questions and Answers What are the primary effects of Wild and Scenic River designation? What are the differences, if any, between Wild and Scenic Rivers and Wilderness? What are some of the social and economic benefits and impacts (positive and/or negative) from Wild and Scenic River designation? What consideration is given to the economic potential of ecotourism on rural economies? Will designation increase recreational use and unauthorized uses on private land?
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Wilderness Questions and Answers
What is Wilderness? When we talk about Wilderness, we're referring to a legal definition laid out in the Wilderness Act of 1964. In short, Wilderness is designated by Congress on federal public lands — National Parks, Forests, and Wildlife Refuges, and Bureau of Land Management lands — and is the highest form of protection for federal lands. No roads or permanent structures are allowed in Wilderness, nor activities like logging, mining, or most vehicular traffic. However, traditional activities such as livestock grazing and hunting are permitted.
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What activities are permitted in Wilderness? Non-motorized recreation, pre-existing activities such as ranching (including some motorized access) and development of valid mineral claims, emergency activities such as rescue and fire-fighting, and certain administrative uses such as scientific data-gathering devices like rain gauges, and access to existing water facilities for maintenance. A list of popular activities: hiking, camping, hunting, horseback riding, fishing, ranching, non-motorized boating, commercial outfitting, and bird watching. Wilderness is a "multiple-use" both in fact and in law. The "multiple-uses" of wilderness, according to law, include: Protection of watersheds Maintenance of soil and water quality, ecological stability and plant and animal gene pools Livestock grazing, where established prior to the wilderness designation Habitat for wildlife, including rare and endangered species Unsurpassed opportunities for outdoor recreation including hunting, fishing, hiking, and camping Maintenance of existing water facilities and scientific instruments
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Is motorized transportation totally prohibited in wilderness areas — even in emergencies? No. The Wilderness Act allows the use of vehicles where necessary to insure the health and safety of people; to rescue an injured hiker, for example. Limited motorized use as also allowed for maintenance of grazing facilities.
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Does wilderness designation take property rights away from those who now hold development rights, water rights, or private property within the proposed areas? No. The Wilderness Act of 1965 specifically protects the exercise of "valid existing rights," including water rights and property rights.
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Are hunting and fishing allowed in wilderness areas? Yes. Hunting and fishing are allowed in wilderness areas. The only exception is in wilderness in national parks, where hunting is usually prohibited because of the national park designation. Many hunters and anglers prize wilderness for its hunting and fishing opportunities, and for the ability to hunt without having game harassed or habitat degraded by motorized vehicles.
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Does wilderness designation prohibit livestock grazing? No. Domestic livestock grazing is allowed in wilderness. New construction such as fences and spring developments are permissible where needed to protect resources. Congress has made its intent clear that wilderness designations by themselves are not to be used as a reason to reduce or phase-out livestock grazing.
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Can fire and damaging insects be controlled in wilderness areas so they don't spread to surrounding lands? Yes. Section 4(d)(1) of the Wilderness Act states that "such measures may be taken as necessary in the control of fires, insects, and diseases" within wilderness.
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Doesn't wilderness designation discriminate against people with disabilities? No. Those with disabilities may use wheelchairs within wilderness. The Americans With Disabilities Act of 1990 reaffirmed that nothing in the Wilderness Act should be construed as prohibiting the use of a wheelchair in a wilderness area by individuals whose disability requires it. A report by the National Council on Disability found that "[a] significant majority of persons with disabilities surveyed very much enjoy the [National Wilderness Preservation System] and 76 percent do not believe that the restrictions on mechanized use stated in the Wilderness Act diminish their ability to enjoy wilderness. People with disabilities appear to visit the NWPS in the same ways and for the same reasons that people without disabilties do."
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How does wilderness designation affect water rights? Wilderness designation does not affect existing water rights. Legislative language protecting water flows in wilderness may take a variety of forms, but none of those versions impinge on existing rights.
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Are bicycles or mountain bikes allowed in wilderness? Bikes are not permitted in wilderness. However, there are thousands of miles of mountain bike trails on non-wilderness Forest Service and BLM lands throughout the United States. The Hermosa Creek trail will remain open to biking. The only location that mountain biking will be affected is within the wilderness area (denoted in dark green on the map).
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Wild & Scenic River Questions and Answers www.rivers.gov
What are the primary effects of Wild and Scenic River designation? Wild and Scenic River designation seeks to maintain and enhance a river's current natural condition and provide for public use consistent with retaining those values. Designation affords certain legal protection from adverse development, e.g., no new dams can be constructed, nor federally assisted water resource development projects allowed, which might adversely affect designated river values. Where private lands are involved, the federal managing agency will work with local governments and owners to develop protective measures, thereby avoiding land acquisition where possible. Mining and mineral leasing laws applicable to federal lands are affected in three major areas: 1) Valid existing rights are not rescinded. 2) Ongoing mining and mineral leasing are subject to regulations issued by the Secretaries of the Interior and/or Agriculture to protect water quality and scenic values. 3) Subject to valid existing rights, patents are issued for the minerals and surface use only. 4) Rivers classified "wild" are withdrawn from the mining and mineral leasing laws. (Source: Interagency Wild & Scenic Rivers Council)
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What are the differences, if any, between Wild and Scenic Rivers and Wilderness? Differences include, but are not limited to, the following areas: 1) Motors may be allowed on Wild and Scenic Rivers (WSRs), whereas in wilderness motorized use is prohibited. 2) Although dams could be authorized by the President in wilderness, on a WSR dams would be incompatible with designation. 3) Depending on the classification, new rights-of-way, roads, trails, bridges, and recreational facilities (e.g., campgrounds, and picnic areas) may be allowed inside WSR areas, whereas these are generally prohibited in wilderness. 4) Valid mining claims established prior to designation may be patented for both the surface and mineral estate in wilderness, but for WSRs only the mineral estate may be patented. 5) Acquisition of private inholdings by condemnation cannot be used in wilderness, whereas the Wild and Scenic Rivers Act allows for it, subject to limitations. (Source: Interagency Wild & Scenic Rivers Council) Will designation increase recreational use and unauthorized uses on private land?
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What are some of the social and economic benefits and impacts (positive and/or negative) from Wild and Scenic River designation? Benefits may include, but are not limited to: providing managers tools or mechanisms to maintain free-flowing condition, i.e., protection of river values through the assessment of hydroelectric facilities or water resource development projects within the designated reach; protection of water quality and Outstandingly Remarkable Values; and, if a management plan objective, promotion of economic development, tourism, or recreational use. There may be an increase in property values near the river. Impacts may include, but are not limited to: initial or sustained attraction to the river because of designation, ability of federal agencies to purchase property, and restrictions via zoning adopted by local governments to protect river values. (Source: Interagency Wild & Scenic Rivers Council)
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How will Wild and Scenic River management plans be developed? When? What are the interim rules? How and when will citizens be involved? The process varies from river to river. When multiple rivers are added through an amendment of the Wild and Scenic Rivers Act, a number of entities (e.g., federal, state and local governments) typically coordinate the development of river management plans on a statewide or regional basis. These entities ensure the overall direction for development of plans, boundaries, interim management, public involvement, and coordination. Some river management plans are jointly developed by federal and state agencies, while other plans may be developed by one agency with input from others. Advisory committees are often formed locally and will help agencies prepare management plans during river studies. River management plans should be completed within three full fiscal years of designation. Existing federal, state and local laws remain in effect during the interim, except the federal government will not approve hydroelectric developments on or directly affecting a designated river. Minerals within one-quarter mile one-half mile in Alaska of each side of wild river segments are withdrawn from all forms of appropriation under the mining and mineral leasing laws. Opportunities for citizen input are provided as management plans are developed at the local level. Citizen input by landowners and river user groups is a very important part of the planning process. (Source: Interagency Wild & Scenic Rivers Council)
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What consideration is given to the economic potential of ecotourism on rural economies? The economic impacts of implementing various alternatives should be addressed in the river management planning process. Ecotourism, as well as other economic issues, such as development and tourism both inside and outside of potentially designated river corridors, should be considered. (Source: Interagency Wild & Scenic Rivers Council)
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Will designation increase recreational use and unauthorized uses on private land? Many of the nation’s rivers have received increased use in recent years. River use may increase slightly or not at all as a result of designation. Unauthorized uses should not increase since the managing agency will provide maps and signs to direct use to publicly owned access sites. No use of private lands is allowed unless special arrangements are made with the landowner. Private landowners are still entitled to post their property with “No Trespassing” signs or require users to obtain landowner permission. (Source: Interagency Wild & Scenic Rivers Council)

Property rights?

The Wilderness Act of 1964 specifically protects the exercise of "valid existing rights," including water rights and property rights. More.