SENATE RESOLUTION NO. 22
(By Senators Ross, Helmick and Sharpe)



Opposing the further designation of any wild, scenic or recreational rivers in the state of West Virginia as components of the national wild and scenic rivers system, as provided by the Wild and Scenic Rivers Act of 1968.
Whereas, Such further designation provides for government control over significant private land to the detriment of potential economic development, development of private and public recreation, development of flood control measures and the right to use one's own property within the present limits of the law, all in violation of the Wild and Scenic Rivers Act (P.L. 90-542, as amended); and
Whereas, Such further designation would extend control to adjacent lands one quarter of a mile beyond any designated river's high water mark, with a probable extension to include visual control of said adjacent land beyond the one-quarter mile limitation in the form of scenic easements; and
Whereas, Such further designations limits the "right of use" by the landowner to the occupancy of any adjacent land for noncommercial residential purposes for a definite term not to exceed twenty-five years or for a term ending at the death of the owner, all to prejudice of the landowner's rights to the use of their own land; and
Whereas, Such further designations cedes control of such privately owned lands to nonresidents of West Virginia, whose own agenda for use of such lands is unknown, but is suggested to be not in the interests of the state of West Virginia; and
Whereas, Such further designations are unnecessary should they be a part of any national forest in West Virginia, because they are already protected and controlled by the forest management plan; and
Whereas, Such further designations must now stop or certain interests outside West Virginia will control our forests, our wildlife, our use of private land and the proper constructive use of land in the State of West Virginia for the economic good of all West Virginians, therefore, be it
Resolved by the Senate:
That the Senate is opposed to any further designation under the Wild and Scenic Rivers Act of 1968 (P.L. 90-542, as amended), of any stream, river or water resource being considered for nomination, designation or to be recommended for nomination or designation as a wild and scenic river; and, be it
Further Resolved, That any further examination of such rivers, streams or water sources to ascertain eligibility or classification determinations under the Wild and Scenic Rivers Act of 1968 (P.L. 90-542, as amended) be terminated; and, be it
Further Resolved, That the Clerk is hereby requested to forward a copy of this resolution to the president of the United States, the United States secretary of interior, the United States secretary of agriculture, to Senators Robert Byrd and John Rockefeller and to members of the West Virginia congressional delegation.