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The California Act was patterned after the 1968 National Wild & Scenic Rivers Act. The state and federal acts share similar criteria and definitions in regard to the purpose of protecting rivers, the identification of free flowing rivers and extraordinary or outstanding values suitable for protection, establishing a study process to include rivers in the system, as well as an identical classification system. The primary purpose of both the state and federal acts is to prohibit new water impoundments on designated rivers.
By its very terms, the Act prohibits the State Water Resources Control Board from issuing a permit to any water district in Mendocino County for the diversion of the water. The California Wild & Scenic Rivers Act provides in pertinent part:
It is the policy of the State of California that certain rivers which possess extraordinary scenic, recreational, fishery, or wildlife values shall be preserved in their free-flowing state, together with their immediate environments, for the benefit and enjoyment of the people of the state. The Legislature declares that such use of these rivers is the highest and most beneficial use and is a reasonable and beneficial use of water within the meaning of Section 2 of Article X of the California Constitution. (Emphasis added.)
The Act defines free-flowing in section 5093.52:
(d) Free-flowing means existing or flowing without artificial impoundment, diversion, or other modification of the river. The presence of low dams, diversion works, and other minor structures shall not automatically bar any rivers inclusion within the system; provided, however, that this subdivision shall not be construed to authorize or encourage future construction of those structures on any component of the system.
The Act goes on to state:
Agencies of the State of California may not assist local, state, and federal agencies in the planning and construction of any dam, reservoir, diversion, or other water impoundment facility that could adversely affect the free-flowing condition and natural character of river segments included in the system (Sec. 5093.56) or of rivers otherwise protected under the Act (Secs. 5093.542, 5093.70). (This includes the local Board of Supervisors.)
Legal comment:
Therefore to construct Supervisor Pinches project would divert water, the very purpose of the project, and the river would no longer be free-flowing as defined by the Act.