The newly released “Superintendent’s Compendium” for Yosemite National Park still prohibits boating and fishing at Hetch Hetchy Reservoir. But the reasoning for the prohibition has fundamentally changed. The National Park Service now seems to be conceding that it could allow boating if it were to choose to do so.
(This conclusion is based on Restore Hetch Hetchy’s interpretation of the 2024 Superintendent’s Compendium. It is not based on any direct statement by the National Park Service.)
This concession is progress, but, at the same time, obviously frustrating that these activities are not allowed.
We will persevere as we believe an improved visitor experience is key to getting people excited about Hetch Hetchy and building support for restoration as well as providing visitor benefits in the short term. Boating will not only be recreation for its own sake and sightseeing, but will also provide hikers access to Rancheria Falls, climbers access to Hetch Hetchy Dome and fishermen access to streams that feed Hetch Hetchy. (We do not believe many boaters would then decide they prefer the reservoir to a restored valley.)
The San Francisco Public Utilities Commission (and occasionally the Nation Park Service) operates a motorized boat on Hetch Hetchy, normally for “official” purposes. Above, Tom Graff, former Regional Director of the Environmental Defense Fund, gets a ride courtesy of the SFPUC.
Compare the operative language in the 2023 and 2024 Compendia with regard to boating (similar language is used to prohibit access below the high water line which effectively prohibits fishing).
- 2023 Yosemite Superintendent’s Compendium: Hetch Hetchy Reservoir is closed to all vessels. Lake Eleanor is closed to all motorized vessels. These restrictions are in direct support of the Raker Act, Water Quality Provisions, and the Filtration Avoidance Regulation, and it is necessary to maintain the high quality of water found in the Hetchy and Lake Eleanor Reservoirs as a clean municipal drinking water source free from microbial pathogens and other contaminants.
- 2024 Yosemite Superintendent’s Compendium: Hetch Hetchy Reservoir is closed to all vessels. Lake Eleanor is closed to all motorized vessels. These restrictions are necessary to maintain the high quality of water found in the Hetch Hetchy and Lake Eleanor Reservoirs in accordance with the NPS Organic Act and to protect water quality of the downstream segments of the Tuolumne Wild and Scenic River in accordance with the Wild and Scenic Rivers Act.
The 2023 Compendium implies that boating and fishing would violate the Raker Act. After Restore Hetch Hetchy and others explained that the language was not only not supported by but in fact directly violated the Raker Act, the National Park Service made a change.
The 2024 Compendium cites the NPS Organic Act and the Wild and Scenic Rivers Act as legal authorities to continue these prohibitions. The Organic Act, passed in 1916 partly in response to outcry over the Raker Act, created the National Park Service and provides little in the way of specific language that would allow it to preclude boating at Hetch Hetchy while allowing it at lakes throughout Yosemite. We have asked the NPS for more information about how the prohibition derives from the Organic Act.
Rafting the Wild and Scenic Tuolumne River is a wonderfully wet and wild experience. Photo: Sierra Mac River Trips
The link to the Wild and Scenic Rivers Act seems specious at best. The Tuolumne River, upstream and downstream of Hetch Hetchy, is protected by the Act but the reservoir is not. Moreover, below Hetch Hetchy, the Tuolumne River includes two famous whitewater stretches where there is substantial human contact with water – far greater than would occur at Hetch Hetchy Reservoir.
As explained above, we hope soon to get additional clarification on this decision and its rationale from the National Park Service. We will make every effort to ensure park visitors are provide improved access and recreational benefits at Hetch Hetchy.
P.S. Don’t forget our Annual Dinner featuring Pulitzer Prize Winner Tom Philp on October 25 in Lafayette. See details here.
