§20-2-23e. Implementation of allocation methodology.
Other provisions of this article notwithstanding, the
implementation of an allocation methodology for the nonmoratorium
whitewater zones of the New, Gauley, Cheat, Shenandoah and Tygart
rivers, shall be made based upon criteria identified in existing or
future studies of carrying capacity, the overall economic impact on
the state and the safety of the general public as identified in
section twenty-three-a of this article, and shall be implemented at
such time as the commission deems appropriate, by rules promulgated
pursuant to chapter twenty-nine-a of this code. In determining
whether to increase or decrease existing use allocations on the
portions of the New and Gauley rivers subjected to a moratorium on
new licenses by this article, the commission may continue existing
studies and undertake new studies of the carrying capacity of
whitewater zones, the quality of the rafting experience, the
economic impact of rafting and the safety of the general public.