Full text of the "Streams and Rivers Preservation Act"

The text of the Act that would be imposed by passage of Measure W is reproduced in full below, without comments or corrections. Publishing of this text does not in any way infer endorsement of the Measure.

For more information on the potential negative impact of Measure W, please refer to the No on W page.

The People of the County of El Dorado do ordain as follows:

EL DORADO COUNTY STREAMS AND RIVERS PRESERVATION ACT

SECTION 1. Title

This Act shall be known and may be cited as the "El Dorado County Streams and Rivers Preservation Act."

SECTION 2. Findings and Declarations

The people of the County of El Dorado hereby find and declare all of the following:

1. Recreational use of El Dorado County's streams and rivers is an important right for all of the citizens of El Dorado County.
   
   
2. The El Dorado County Board of Supervisors has taken important steps to preserve the County's streams and rivers by regulating recreational travel on the South Fork of the American River.
   
   
3. Increased use of such waterways by persons on rafts, kayaks and other floating devices for commercial purposes continues to pose a serious threat to the health, safety and welfare of such persons as well as to property owners adjoining the waterways and the riparian environment.
   
   
4. In order to protect El Dorado County's streams and rivers, as well as the persons traversing such streams and rivers, a limit should be placed on the number of persons who travel on the streams and rivers through the services of a commercial operation.
   
   
5. Based on lengthy studies and review, no more than 45,820 user days should be permitted, as a result of commercial operations, to traverse the South Fork of the American River on an annual basis.
   
   
6. River use by private citizens not engaging the services of commercial operations should not be infringed upon by the "El Dorado County Streams and Rivers Preservation Act."
   
   
7. The citizens of El Dorado County should be permitted the opportunity to vote on imposition of a limit on the number of persons who, through the services of commercial operations, can travel on the South Fork of the American River.

SECTION 3. Purpose and Intent

The people of the County of El Dorado hereby declare their purpose and intent in enacting this Act to be as follows:

1. To permit recreational travel on the streams and rivers of El Dorado County as well as to ensure the safety of the users, the health of the riparian environment, and the welfare of the community.
   
   
2. To continue the El Dorado County Board of Supervisors' efforts to regulate recreational travel on the streams and rivers so as to benefit the greatest number of El Dorado County citizens.
   
   
3. To provide a solution to the increased us of such waterways by persons on rafts, kayaks and other floating devices so as to ensure the safety of the users, the health of the riparian environment, and the welfare of the community.
   
   
4. To impose a limit on the number of persons who can travel, through the services of a commercial operation, on the South Fork of the American River so as to ensure the safety of the users, the health of the riparian environment, and the welfare of the community.
   
   
5. To permit the citizens of El Dorado County to vote on imposition of a limit on the number of persons who can travel, through the services of commercial operations, on the South Fork of the American River.

SECTION 4

Section 5.48.095 of Title 5 of the El Dorado County Ordinance Code is hereby added to read as follows:

5.48.095 Persons - Number Limit

1. Notwithstanding any other provisions of this chapter, no more than 45,820 user days shall be permitted on an annual basis to, through the services of commercial operation, traverse the South Fork of the American River.
   
   
2. Within 60 days of the adoption of this Act by the voters, the Board of Supervisors shall Establish a system which the number of persons who, through the use of commercial operations are permitted to traverse the South Fork of the American River pursuant to Subsection A shall be apportioned amount the commercial operators who have received a permit pursuant to Section 5.48.040. Any commercial operator who receives permission for a specified number of persons to traverse the South Fork of the American River may not transfer that right to any person or entity without the approval of four-fifths of the members of the Board of Supervisors.
   
   
3. Within 60 days of the adoption of this act by the voters, the El Dorado County Parks and Recreational Department shall establish a system for tracking the number of individuals who, through the services of commercial operations, traverse the South Fork of the American River as well as the fees for the river user permits required by Section 5.48.080. The system to be implemented by the El Dorado County Parks and Recreation Department shall require any holder of a commercial river use permit issued pursuant to Section 5.48.050 to provide information concerning the number of commercial passengers to be carried by a commercial operator on a particular trip prior to commencement of the trip. In addition, the system to be established by the El Dorado County Parks and Recreation Department shall require payment of the fee imposed by Sections 5.48.080 prior to the commencement of the trip.
   
   
4. The El Dorado County Parks and Recreation Department shall annually prepare a report which contains a summary of the information required by the Subsection C. The report shall be transmitted to the Board of Supervisors and made available to the public at the El Dorado County Clerk's office. Upon receipt of the report by the Board of Supervisors, the Board may make changes in the system established pursuant to Subsection B of this Act.
   
   
5. The limit imposed on the number of persons who may travel on the South Fork of the American River through the services of a commercial operation may be lowered by a four-fifths vote of the members of the Board of Supervisors.
   
   
6. Commercial operations as defined in "Section 5.48.030 Applicability A" Shall henceforth include all institutions and not-for-profit groups.

SECTION 5. Effective Date

This Act shall be effective May 1, 1999 following its adoption by the voters.

SECTION 6. Repeal of Act

The provisions of this Act are repealed Ten-years after the effective date of the Act.

SECTION 7. Amendment Act

No provisions of this Act may be changed except to further its purposes by an ordinance passed by a vote of four-fifths of the members of the Board of Supervisors.

SECTION 8. Severability

If any provision of this Act, or part thereof, is for any reason held to be invalid or unconstitutional, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of the Act are severable.