FYI....Thanks SBV
Senator Ted Ferrioli introduced Senate Bill 928, an almost exact duplicate of Senate Bill 293, on Thursday. Assigned to the rules committee for hearings, I expect it will move it to the Senate Floor within the next two weeks unless we can convince them to kill it.
We do not have a lot of time to get this bill killed and we are starting over because it has a new bill number. Every Senator must hear VOTE NO ON SB 928
Call your Senator, write your Senator, fax your Senator, email your Senator, and go see your Senator if at all possible. Let them know Senate Bill 298 is not acceptable. I believe it is a direct violation of the Public Trust Doctrine and I believe that any Senator that votes for it should be ashamed for doing so.
You can read the bill in its entirety at the following link
http://pub.das.state.or.us/LEG_BILLS/PDFs/SB928.pdf
Yeah, I know it’s boring and it’s pretty much is the same darn bill as 293-10 with a few minor changes but please take the time to read it. We must be informed on this issue if we hope to sway the Senators. Every successful salesman will tell you that specifics always outsell generalities. When we are specific in our objections they know we have done our homework.
The Federal Courts have already determined and made known that the public has the right to use the streambed and banks from high water mark to high water mark on navigable waterways. This bill is in direct violation of that law. I am trying to track down the specific court cases regarding this, and I will post them when I find them.
The Oregon Admissions Act states, “…and all the navigable waters of said State, shall be common highways and forever free, as well as to the in habitants of said State as to all other citizens of the United States, without any tax, duty impost, or toll therfor.”
You can read the entire Oregon State Admissions Act at the following link. It is a fairly short document.
http://www.leg.state.or.us/orcons/admacts.html
The John Day River along with hundreds of other rivers in the State of Oregon meet the federal test for navigability. Senate Bill 928 is a dodge to keep the State of Oregon from living up to its responsibility to all the Citizens of Oregon and hand over the control of our rivers to a few elite landowners that think their rights supersede the rights of others. They don’t. The following is directly from the Division of State Land Web Site:
“Question: What does the term "navigable" mean?
Answer: Federal court decisions have developed the following test to determine whether a waterway is "navigable" for "title" (that is, public ownership) purposes:
-- The waterway must be capable of, or susceptible to use as a highway for the transportation of people or goods,
-- Transportation must be conducted in customary modes of trade and travel on water,
-- Waters must be navigable in their natural and ordinary condition, and
-- Navigability is determined as of the date of Oregon's statehood (February 14, 1859).
The courts have determined that the use or potential for use by almost any type of watercraft (for example, canoe, ferry, or ship) is sufficient to determine navigability. Further, they have found that the use did not have to occur in 1859; it is enough that it could have occurred, bringing rise to the concept of "susceptibility." Uses of a waterway that have been historically documented but no longer exist can also help to prove a waterway is navigable (for example, log drives or steamboats). As a general rule, the use of the waterway must have typically either occurred over many years, or many times over a few years.”
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I also understand that the courts decreed that a stream that is navigable in fact, is navigable in law. The courts have stated that a stream does not need to be declared navigable for it to be navigable. In other words, the public does not need to wait for clarification to use the stream for transportation, angling, or commerce if it is in fact a navigable stream. And the courts have stated that there is no scientific test for navigability. If it floats a craft of any type under natural and normal conditions, it is a navigable stream… even if you have to drag the craft over shoals, shallows, and sandbars on occasion. As always, I am no attorney and I am not offering legal advice, only my opinion base on what I have read.
If Senate Bill 928 passes into law, it suspends the John Day Navigability question forever. We will never get a determination and even though it appears that we do not need one technically, it still keeps us in limbo with the threat of lawsuits, harassment, and even arrest for trespass. It will cost a lot of money -- money most of us don’t have -- to fight these charges in court. That is how they will close the river to you and me, forever.
It all comes down to money. Property with exclusive stream access is more valuable than property facing a public highway (navigable stream). Thirty out of 110 John Day river property owners have vowed to continue to fight navigability regardless of the cost. They simply do not want the public on what they consider their river. A management plan under Senate Bill 928 is the first step in closing off miles of this valuable natural resource to the public forever.
If you recall an earlier post (The Governor Speaks on SB 293), the governor said he would not support a bill that did not meet four specific criteria. Senate Bill 928 does not, however, based on the number of Senators that said they did not support 293 but then cosponsored 928, I’d say we can’t count on anything. It seems that convenience is more valuable than an elected officials word now days.
I will watch for the public hearings on this bill. Please, I know it will be short notice, but we need as many voices at the hearing as possible.
Please contact your Senator, the Governor, and every member of the Senate Rules Committee and let them know that Senate Bill 928 is unacceptable.
And start writing letters to your editor if you have not already done so. We desperately need to expand the opposition to this legislation. Talk to the people you meet on the rivers. Print out a few of the flyers. Carry the defeat website address with you. Let people know that the Legislature is considering a bill to severely limit the publics access to public waterways.
P.S. Senate Contact Information follows.
If you are not sure who your Senator is, you can find out at the following link:
http://www.leg.state.or.us/findlegsltr/findset.htm
Senate Rules Committee Contact Information follows. Some of these folks said they did not support 293, then turned around and cosponsored Senate Bill 928.
Senator Kate Brown
Phone: (503) 986-1700
Fax: (503) 986-1080
Address: 900 Court St. NE S-323, Salem, OR 97301
Email:
sen.katebrown@state.or.us
Senator Bev Clarno
Phone: (503) 986-1950
Fax: (503) 986-1958
Address: 900 Court St. NE S-323, Salem, OR 97301
Email:
sen.bevclarno@state.or.us
Senator Jason Atkinson
Phone: (503) 986-1702
Fax: (503) 986-1929
Address: 900 Court St. NE S-323, Salem, OR 97301
Email:
sen.jasonatkinson@state.or.us
Senator Ginny Burdick
Phone: (503) 986-1718
Fax: (503) 986-1080
Address: 900 Court St. NE S-317, Salem, OR 97301
Email:
sen.ginnyburdick@state.or.us
Senator Tony Corcoran
Phone: (503) 986-1704
Fax: (503) 986-1778
Address: 900 Court St. NE S-319, Salem, OR 97301
Email:
sen.tonycorcoran@state.or.us
Senator Roger Beyer
Phone: (503) 986-1709
Fax: (503) 986-1011
Address: 900 Court St. NE S-211, Salem, OR 97301
Email:
sen.rogerbyer@state.or.us
State Land Board Contacts
TED KULONGOSKI
Governor of Oregon
Phone: (503) 378-4582
Fax: (503) 378-6827
Email:
http://governor.oregon.gov/contact.htm
160 State Capitol
900 Court Street
Salem, Oregon 97301-4047
RANDALL T. EDWARDS
State Treasurer of Oregon
Phone: (503) 378-4329
Fax: (503) 373-7051
Email:
randall.edwards@state.or.us
350 Winter Street NE Suite 100
Salem OR 97301-3896
Bill Bradbury
Oregon Secretary of State
Phone: (503) 986-1523
Fax: (503) 986-1616
Email:
oregon.sos@state.or.us
136 State Capitol
Salem OR 97310-0722
A bad bill - SB928
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