Grand Canyon River Access
and the Recreational Use Allocation

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For all of these reasons, it would be wrong to conclude that the mere existence and extent of the wait list for self outfitted trips demonstrates that the current allocation is inappropriate and that use must be shifted from professionally-outfitted trips to self-outfitted trips. The issue of the proper allocation of the Colorado River resource through the Grand Canyon for boating use is not a simple matter of resolving a dispute between self guided recreational users of the river on the one hand and “profit seeking,” commercial interests on the other. Rather, it is a decision that the NPS must make in accordance with its legislative mandates and one that is in the ultimate interest of the public–that is, all the people as well as future generations. As the federal appellate court stated in its decision in the lawsuits challenging the allocation in the 1970s:

 

Throughout these proceedings Wilderness Public Rights Fund has persisted in viewing the dispute as one between the recreational users of the river and the commercial operators, whose use is for profit. It asserts that by giving a firm allocation to the commercial operators to the disadvantage of those who wish to run the river on their own the Service is commercializing the park. The Fund ignores the fact that the commercial operators, as concessioners of the Service, undertake a public function to provide services that the NPS deems desirable for those visiting the area. The basic face off is not between the commercial operators and the non-commercial users, but between those who can make the run without professional assistance and those who cannot.

  

CONCLUSION
The majority of the public that depends upon the availability of professionally-outfitted trips under the auspices of a NPS concessioner could be affected adversely by any allocation decision. In addition, altering the allocation can affect the visitor experience by impacting the frequency of visitor contact, competition for campsites, or attraction site congestion. Consequently, it would be poor public policy, and contrary to law, if the NPS were to merely act as if the matter were simply adjudicating a dispute between only two identified groups.

The Settlement Agreement reached through a cooperative effort by the NPS, Grand Canyon Private Boaters Association, National Parks Conservation Association, GCROA, and others, provides for an open, public planning process that will involve input from a broad range of affected or otherwise interested entities. Pursuant to the agreement, the NPS will review the allocation of use between commercial and non-commercial users of the Colorado River within Grand Canyon National Park. In sum, the Settlement Agreement commits the NPS to update the CRMP and review the allocation of use between commercial and non-commercial users of the Colorado River within Grand Canyon National Park, in accordance with the agency’s statutory mandates, in an open, public manner, and according to a reasonable, fixed timeframe.

In addressing the allocation issue and the issue of access for private boaters, the NPS must manage Grand Canyon National Park in accordance with the purposes established by Congress and in the overall public interest, and not in the interest of any particular group of users. We also must appreciate that the Grand Canyon is a resource that is in very high demand by all types of users, and, as a result, the NPS must allocate and ration its use.

The question of providing increased access opportunities to self-guided river trips through the Grand Canyon involves three distinct issues: (1) establishing the overall size of the recreational use allocation; (2) establishing appropriate criteria upon which to base the apportionment of this use among the various user groups and then apportioning that use accordingly; and (3) designing and implementing a system for distributing and administering such use through the issuance of permits.

The use of any scarce public resource like recreational river use at the Grand Canyon must be allocated among the various user groups. As in any decision to allocate a public resource, it is incumbent upon the managing agency, in this case the NPS, first to identify the overall size of the resource to be distributed. Second, the agency must identify what criteria will govern the allocation of the resource among the various user groups. Third, the agency must develop sufficient information to make an informed, rational, and defendable decision. Finally, the agency must make its decision in accordance with its statutory authority and in consideration of the available information.

It would be inappropriate for the NPS to reduce the number of user-days currently allocated for professionally-outfitted public use in order improve access to the river for self-outfitted boaters. The vast majority of the American public interested in experiencing the Grand Canyon by river is either not interested or not capable of undertaking such a challenge without the assistance of an experienced professional outfitter. Such professional outfitters ensure that a greater part of the public can experience the excitement of a Grand Canyon river trip.

Solving the access problem faced by private boaters means that the current failure of the private permit distribution system must be addressed. This can only be done by examining alternatives to the existing system, with a view toward exploring whether other alternatives might provide better access to the river for private boaters even given the current high demand that exists for this type of experience. There are ways to provide reasonable access even under intense demand pressures. GCROA believes that a dramatically more effective private trip permit distribution process can and must be designed and implemented. A new private distribution system would vastly improve the situation self-outfitted boaters face today when they wish to obtain a Grand Canyon river use permit.

Mark Grisham is the executive director of the Grand Canyon River Outfitters Association, a non-profit trade group that represents each of the licensed river running concessioners that operate in Grand Canyon National Park.
Copyright © 2002 – 2004 by the Grand Canyon River Outfitters Association. All rights reserved.
 
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