The state’s prescriptions would restore an average of only three-four days of flows sufficient for paddling as mitigation for the over-240 days lost to hydropower operations.

Writer: Travis Poulin

On Friday, June 16, American Whitewater – a non-profit organization with a mission to conserve and restore America’s whitewater resources and to enhance opportunities to enjoy them safely – filed an appeal with the State of West Virginia’s flow and access prescriptions for the New River Dries.

The state’s prescriptions would restore an average of only three to four days of flows sufficient for paddling as mitigation for the over 240 days lost to hydropower operations. In addition, the state would require access to 1.2 miles into the 5.4-mile run, foreclosing vehicle-based access on 22 percent of the whitewater stretch. The prescriptions would last for 30 to 50 years unless the appeal is successful.

The New River Dries are immediately downstream of the New River Gorge National River, managed by the National Park Service, and in many ways rival the park in scenery. The river has vast potential for whitewater paddling, angling and ecological recovery according to American Whitewater – the only problem is that the dries have been virtually dewatered by the Hawks Nest Hydroelectric Project for a century.

The appeal aims to change that.

American Whitewater has participated in the federal relicensing of the Hawks Nest Hydro Project for the past few years, including assisting with the whitewater flow study and pitching several proposals for flow restoration. The power company refused a request for collaboration because the State of West Virginia was not actively engaged at the time. Federal regulators had proposed 15 annual releases and were considering American Whitewater’s proposal for an average of roughly twice that many releases in a natural pattern with concessions to the power company, but the state prescriptions likely trump the federal process.

“West Virginia’s decision is a senseless and needless wasted opportunity to restore a great river,” wrote Kevin Colburn of American Whitewater. “Opportunities exist to restore significant flows with very little impact on other stakeholders. Our most recent proposal would better meet the state’s mandate to ensure the ultimate development of recreational resources at private dams like Hawks Nest in a manner consistent with the primary purpose of the dams. The state will now consider our appeal and decide whether or not to grant us a hearing. The hearing could initiate a longer process of deciding whether or not to grant our request for better flows and access, hopefully through initiating long overdue collaborative conversations among all stakeholders. Denial of a hearing would leave us with the choice of litigating or letting the state prescriptions stand.”

According to its website, American Whitewater is seeking pro bono legal assistance by an attorney or firm capable of working in West Virginia.

Photos courtesy American Whitewater