El Dorado County regulates commercial boating and rafting operations on the South Fork of the American Riverthrough a River Management Plan and the County Ordinance Code. All commercial operators must have County-issued River Use Permits that, among other things, limit the number of customers and guests the operator may serve on a given weekday or weekend day ("user days"). Since 1987, the River Use Permits have collectively allowed maximum commercial user days of 2202 per weekday and 2978 per weekend day. The highest recorded one-day commercial use is 2419 user days on July 29, 1995. The County does not currently limit the total number of user days allowable annually. From 1994 through 1997, total annual commercial user days were 73,021, 105,010, 94,440 and 90,750, respectively.
This measure would amend the El Dorado County Ordinance Code to limit commercial boating and rafting operations on the South Fork of the American River to no more than 45,820 user days annually. This limit could be lowered by four-fifths vote of the County Board Supervisors. Within 60 days of the voters' adoption of the measure, the County would be required to establish a system to apportion these user days among existing River Use Permit holders.
Currently, a commercial operator may transfer its River Use Permit to another party upon approval of the County Planning Commission. Under the measure, a user day allocation cannot be transferred without approval of the Board of Supervisors by a four-fifths vote.
Currently each commercial operator submits monthly reports to the County of the prior month's river use, and pays a fee based upon total user days that month. This ballot measure would require each commercial operator to inform the County, before each river trip, of the number of passengers it intends to carry, and apparently also pay the fee in advance. Within 60 days of the voters' adoption of the measure, the County would be required to establish a system to track this user day and fee information. A report summarizing this information would be made available annually to the Board of Supervisors and the public.
Currently, two institutional and two not-for-profit groups that conduct commercial trips on the South Fork of the American River hold River Use Permits. Other such groups conduct trips that the County records as private user days. This measure would amend the definition of "commercial operations" to include all institutional and not-for-profit groups.
This measure applies only to commercial boating on the South Fork of the American River. It does not address private boating, other uses of this river, or other rivers in the County.
If adopted, this measure would be effective for ten years from May 1, 1999. It could not be amended or repealed without a vote of the people; except that to further its purposes, changes can be made by ordinance passed by a four-fifths vote of the Board of Supervisors.
A "yes" vote on this measure is a vote in favor of amending the County Ordinance Code as described above.
A "no" vote on this measure is a vote against amending the County Ordinance Code as described.
LOUIS B. GREEN
County Counsel
Reproduced by the Committee Against Measure W
