The Senate Natural Resources Committee on an unnamed date agreed to a committee substitute for Senate Bill 801, which would create the West Virginia Public Waterways Act and direct the Department of Transportation, in cooperation with the Division of Natural Resources, to develop guidelines for designing and siting public access points to rivers and streams on existing state rights-of-way.

The committee adopted a conceptual amendment inserting the word "reasonable" after "practical," so the bill would allow an access point only "if it is safe, practical, and reasonable to do so." Counsel explained the bill: "This bill creates the West Virginia, Public Waterways Act to provide the public with access to the state's rivers and streams. The bill recognizes access to, to a river or stream on the related, state right of way, so long as, the access is safe and reasonable."

Why it matters: supporters said the measure could expand recreational access and support outdoor tourism while reducing informal trespass. Senator Baker, the bill sponsor identified from Summers County, said the bill was intended to capture opportunities that already exist where roads or temporary approaches were built as part of bridge projects and to make adding access points part of ordinary project planning.

Department of Transportation and Division of Natural Resources officials told the committee they did not oppose the bill’s intent but raised implementation questions. A Department of Transportation representative said, "I'm not here to, fight this bill. I understand the intention and think it's good. I just think there's probably some things that would help, in terms of implementation," and flagged ownership and long-term maintenance of ramps, the limited width of many state rights-of-way, and whether parking or other adjacent improvements would require additional land acquisition or funding. The representative also noted the agency’s road-fund responsibilities are statutorily focused on road construction and maintenance, not necessarily boat-ramp facilities.

Committee members asked about eminent domain. Counsel said the bill limits access points to existing state right-of-way and that eminent domain would only arise where property acquisition for a bridge or road project otherwise requires it. The sponsor and the DOT representative said they were not seeking new eminent-domain authority for ramp construction; a committee exchange concluded a willing-seller approach was preferred.

The West Virginia Farm Bureau, represented by Dwayne O'Dell, urged caution on trespass, liability and fencing, and said: "Our concern is that, there would be expanded right of way that would have to be taken to facilitate these boat ramps, and the possible use of the eminent domain to do that." He also flagged parking needs and signage as items the committee and agencies should address.

Committee action: the committee adopted the amendment (inserting "and reasonable" after "practical"), agreed to the committee substitute as amended, and voted to report the substitute to the full Senate with the recommendation that it pass while first referring it to the Committee on Governmental Organization under the bill’s original double-reference. Votes were taken by voice; individual roll-call tallies were not recorded in the transcript.

The committee discussion concluded with members directing staff and agencies to coordinate on implementation details such as ownership, maintenance responsibilities, parking and signage. The bill was advanced to the full Senate for further consideration.