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Conservation Easements

It's the Landowner's Choice

by Tim O'Reilly

The Buffalo River Stewardship Foundation is a small group of people who are interested in preserving what we feel is one of the great natural wonders of the Ozarks - the Buffalo National River (BNR). Unfortunately, the National Park Service has ascertained that the water quality of the BNR is deteriorating. The main cause of this deterioration is agricultural uses of the watershed.

The objective of the Stewardship Foundation is to protect the cleanliness and stability of the Buffalo River. After careful analysis, discussion, and consultation with various agencies and farmer's organizations, the Foundation decided on a means to achieve our objective which had not been previously tried in Arkansas: the Foundation offers conservation easements to landowners along the tributaries of the Buffalo. The riparian corridor of the Buffalo River itself is already protected by the National Park Service, so our program does not apply there.

A conservation easement is the legal term for an agreement that attaches to the land's title deed and disallows certain uses. The easements will hopefully form a protected corridor at least one-hundred feet wide on each side of the tributary. This land will act as a buffer to control erosion and protect the water from excessive animal waste runoff and nutrient loading. The landowner still maintains complete ownership and control over the land and merely agrees not to use the land in certain harmful ways. A copy of our conservation easement agreement appears on page 20.

This concept seems too good to be true - we solicit funds from businesses and recreationalists from outside the Buffalo watershed, and these funds are used to pay landowners to not use their land in ways that degrade the river. The payment either equals or exceeds the value of the land for present agricultural uses. Most importantly, the easement program is on a completely volunteer basis. With these basic concepts in mind, we then developed a program which the Foundation and the landowners alike could be happy with.

Luckily, Arkansas' neighbor to the North had instituted a program with similar goals in mind. What better way to develop a program than to learn from the mistakes and successes of a group that has already traveled the road we were about to take? The Missouri Department of Conservation (MDC) has a program called "Streams for the Future." Since 1992, the MDC has been offering to purchase conservation easements from private landowners who both wish to contribute to the long-term well-being of a river or stream, and make some money while doing so. The program has been a great success, with conservation easements purchased on three rivers in Missouri: the Marmaton (which runs 40 miles in Vernon County); the Bourbeuse (90 miles in Franklin County); and the South Fabius/Troublesome Creek river system (60 miles in Marion County). Ron Dent, who handles the landowner-MDC relations in the program, suggests that this type of program is a benefit to all parties involved. He stated, "The landowners like it because they know they are protecting the quality of the river, are making money, and are doing it voluntarily." Dent added, "Of course, the recreationalists like it because strengthening the river corridor provides for cleaner water and a more enjoyable scenic experience, and we like it because it is simple to implement and very effective."

In the Buffalo River watershed, each landowner who signs up for the Stewardship Foundation's easement program will be able to negotiate a plan, called the "River Corridor Stewardship Agreement Plan." This plan will make specific agreements concerning what uses will be permitted by the easement. For example, plans might allow for hay-cutting, timber harvesting, or limited summer grazing. These plans will be negotiated differently for each landowner. The payments will be spread out over a five or ten year period, depending on available funds. The Foundation will provide information concerning the easement program to persons owning land along the tributaries of the Buffalo and to all other interested parties. Importantly, the Foundation is a private non-profit group that has no government affiliation or political agenda. This means that we have no ulterior motivations and that the easement is a completely voluntary agreement between two private parties.

The question remains: Why would landowners want to give up partial control of their land? Well, there are several convincing answers to this question. First, the Buffalo River is a valuable resource for the people of Northern Arkansas. To protect the river is to protect the economic well-being of the area. More than one million visitors come to the Buffalo annually, and spend vast sums of money. This translates into more jobs, plus better roads and other public facilities from increased sales taxes that are generated. If the water quality is degraded to a certain point, many of these people will undoubtedly stop visiting the Buffalo, and consequently an important source of revenue will be lost (See the article on "Watershed Economics").

Second, the program will be financially beneficial to the landowner. The Foundation pays an amount of money comparable to what the landowner could make with crops or livestock, and yet the landowner will have to do absolutely nothing to earn it except for being a responsible steward of the land. In this case, the old adage "something for nothing" is true!

Third, landowners will have the personal satisfaction that they have taken a substantial step in preserving the Buffalo for their children and grandchildren. Remember, the landowner will still own the land and have complete rights to the use and enjoyment within the parameters of the River Corridor Stewardship Agreement Plan. Additionally, the Foundation may be able to fund future restoration projects which will stop the erosion of valuable topsoil by building up the stream banks. This in turn will increase the value of the property. The Foundation will also be able to help with alternative water sources which could replace the harmful practice of allowing cattle to go directly into the stream for drinking water.

In short, everyone we talk to is excited about the program and it presents a win-win situation for all that are involved. Thanks to the Missouri Department of Conservation, we have the structural framework of a very effective and comprehensive conservation easement program near completion. If you have any questions or comments concerning the program please do not hesitate to contact the Buffalo River Stewardship Foundation. We would be very thankful for any information or ideas that you may have, and of course we will accept your tax-deductible donation.


Tim O'Reilly is the Director of Operations for the Stewardship Foundation and coordinates our conservation easement program.