Ben Harding

Reprint - excerpted from the 1977 River Rights Action Newsletter, Denver CO.

A PROPOSAL FOR AN EQUITABLE PERMIT SYSTEM ON A WILD RIVER

   The minimum requirements for a system of allocations should be as follows:

   1) fairness to all individuals

   2) adaptability--freedom from the necessity of periodic adjustments

   3) freedom from manipulation by users or outfitters

   4) simplicity for the applicant

   5) efficiency for the river managers.

   Many different systems have been proposed but the one which seems to come the closest to the ideal is what is sometimes called the "weighted lottery system", "the hunting license system", or simply "the lottery". It is based on the principle that all persons who desire a trip on a particular river would apply to the managing agency for a permit. Their names would be thrown into a pot and at a certain date a lottery drawing would be held until all available spaces on the river had been filled. Those whose applications were selected would then decide how they wanted to go down the river: by "doing-it-themselves" or by hiring a commercial outfitter. In this way each individual would potentially receive a permit independent of his or her preference for how they traverse the river. The resulting allocation will be based on the actual desires of the public.

   The sociological studies done in the Grand Canyon have indicated that very few persons in the commercial sector choose to go on a river trip alone. Rather, most of the trips are made by couples, threes and fours, and larger groups of 12 or more. The non-commercial sector is more constrained by the requirements of large groups to share expenses and by the rarity of permits. Thus, non-commercial trips usually run near the 15 person maximum per non-commercial trip in the Grand Canyon. Similar patterns are probable on other rivers. In order to accommodate this desire to travel in pre-arranged groups, applicants would be allowed to pre-form groups which would be given one chance in the lottery. If their application is picked the entire group will receive a permit. At first glance this seems to cheat the group member out of some likelihood of being selected. However, this is not the case, since each person has only one chance of being picked from the total group of applicants whether he is in a group or applied as an individual.

   No system is perfect, and that proposed above is no exception. It is felt that it fulfills the requirements listed at the beginning of this article better than any system in use at the present.

   Since everyone would be assigned launch dates under the proposed system it is argued that the commercial passenger would have trouble finding space on a trip which coincides with his scheduled launch date. For individuals and small groups this problem does indeed exist. It seems that the managing agency could allow a group to change its launch date if that change did not increase the total number of launches on that date. This means that small groups would be allowed to join together to cut costs. The clearing house function required for this would be a natural job for the outfitters, not unlike a travel agency.

   At present commercial outfitters operate under a monopoly situation, granted semi-exclusive rights to a river with a guaranteed number of user/days. For popular rivers this amounts to a guarantee of business. Obviously, this type of situation gives no incentive to improve services or lower prices. The smaller outfitters cannot expand unless they can buy out one another or (unlikely) a larger outfitter. The lottery system would allow for competition among outfitters; the little guy could, by offering lower prices or better services, increase his share of the market. The public would be the beneficiary.

   A detailed analysis of the lottery system should be made to pinpoint additional problems and advantages which are not apparent now. It is possible that problems of such magnitude are inherent in the System that it is not practical or desirable. Still it should be studied, but no federal agency has made any move to do so. So far as it is now known, no agency is studying any new system to allocate river use.The overall lottery system should be seriously considered by river managing agencies, as it is the fairest system yet proposed. It is relatively simple for the river user and not impractical for the river manager. It is flexible and it would foster competition between outfitters, which in the end would benefit the public.

   Readers comments on this proposal, or any others which they feel will help solve problems relating to river use allocation are invited, and should be sent to the River Rights Action Committee at 4260 East Evans, Denver, CO 80222.