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Old 03-10-2005, 06:16 AM   #1
Scruffy Bearded Varmint
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Default River Rights Legislation

For those of you that are unaware, I resigned my affiliation with CORR (Coalition for River Rights) several weeks ago. I simply could not support the direction that the leadership of the organization was moving. Nor could I or would I support a proposed bill that could deny us the right to use hundreds if not thousands of miles of streams.

For the details of why I resigned go to the following link:

River Rights... a hard decision for me.

I was never a member of the Board of Directors of CORR, nor did I have a strong voice in the formulation of it's policies. I mostly just provided background information. I served as a spokesman on occaision but was frequently chided by the Board for not being properly on message.

Recently, the Fly Fishing Federation announced the withdrawal of their support for CORR. I suspect other groups may follow suite.

Somehow, CORR's very highest, number one priority became protecting landowner rights and private property, not assuring the public's right to float, anchor, wade, and walk to the high water mark on a navigable stream. I don't know when this became CORR's mandate. I had no part in the process which lead to this change in stated goals.

In fact, when you read CORR's goals, you'll see that assuring the public's right to use Oregon's waterways is no longer included in CORR's list of objectives. Note that item number four only says "clarifies the public's right." Legislative action that denies a right is just as much a clarification as legislation that assures the public's right. Senator Ted Feriolli has fought for five sessions to clarify the public's right not to use the bed and banks of Oregon's navigable waterways and he is currently working with CORR to get a new bill written and sponsored.

Inga Deckert, the author of the two bills we fought in 2003 is currently working to draft the CORR legislation. She works in Treasurer Randall Edwards' office. Contact her and let her know how the public feels about float, anchor, wade, and walk on a stream that is navigable by any type of water craft.

Also, there should be nothing in any piece of legislation that would prevent or hamper the state's right to exercise its claim to a navigable streambed. They are by current Oregon Law recognized as state property. The claim of ownership is moot because the state already exercised it. For reference, I posted the actual law in several earlier posts.


You've been promised a CORR bill. When you see it emerge, read it very carefully. For the record, the following statement of goals came from the CORR web site.



Quote:

The Coalition for Oregon River Rights (“CORR”), is a non-profit organization committed to a legal or legislative solution that:

Protects Landowner Rights and Private Property

Increases Enforcement on Recreational Waterways


Resolves Recreational User and Landowner Conflicts


Clarifies the Publics Right to Float, Anchor, Wade, and Walk to the Ordinary Highwater Mark on Rivers Susceptible to Recreation Use


Clarifies the Law for Governmental and Law Enforcement Organizations


Provides a Self-Funding Mechanism for Increased Enforcement and Expanded Access


Allows the State to Refrain from Exercising it's Dormant Claim to the Beds and Banks of Navigable Waterways
Right now, the best shot we have for a legislative solution is Senate Bill 423, a bill sponsored by ANWS. You can find the legislation at the following link:

http://www.leg.state.or.us/05reg/mea...423.intro.html

My personal situation has changed and my job now requires that I travel a lot. That means that while I will try to keep up with what is going on, I need others to do likewise. When I am out of state, I am also out of touch with what our elected officials are trying to do to us. So please, the more people watching this stuff the better off we all are.
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Old 03-10-2005, 09:58 AM   #2
Siwash
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Default Re: River Rights Legislation

Thanks for keeping us informed.

Disappointing to hear CORR sounds like they've taken a wrong turn on this issue.
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Old 03-10-2005, 10:40 AM   #3
garyk
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Default Re: River Rights Legislation

Thanks for the update, please keep posting them.

Senator Ted Feriolli's attempts to undermine our use of public waterways and lands is something that shouldn't be underestimated. Keep your eyes open
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Old 03-10-2005, 11:15 AM   #4
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Default Re: River Rights Legislation

I don't understand what happened to CORR. It should be noted that the Oregon Council of the Federation of Fly Fishers has withdrawn their support of the current CORR efforts on river rights.
Thanks SBV
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Old 03-10-2005, 02:32 PM   #5
Mad Mikey
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Default Re: River Rights Legislation

Thanks again Scruff. This ought to stay near the top.

*BUMP*
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Old 03-10-2005, 05:21 PM   #6
TheRogue
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Default Re: River Rights Legislation

Thanks SBV, for the update.

Ummmmm, is it OK to say "I told you so"? Nope, I won't. Thanks for getting the word out, you've done a great job of keeping people informed, and that is 90% of the battle!

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Old 03-10-2005, 06:28 PM   #7
freespool
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Default Re: River Rights Legislation

TR, you called this one about 2 months ago Good insight my friend. We need to keep on top of this issue, our fishing rights hang in the balance.


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Old 03-10-2005, 07:21 PM   #8
rob allen
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Default Re: River Rights Legislation

landowners have NO rights whatsoever to lands below the normal high water mark of any waterway that can be floated.. Any rights asserted to such lands are asserted falsely and illegally. It is impossible for such lands to be private property, That is what the United STates Supreme court has held every time the issue comes before them...
PERIOD. that's it and there ain't no more.. any laws contrary are illegal and violate my public trust rights to use thoes lands...
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Old 03-10-2005, 08:36 PM   #9
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Default Re: River Rights Legislation

Quote:
landowners have NO rights whatsoever to lands below the normal high water mark of any waterway that can be floated.. Any rights asserted to such lands are asserted falsely and illegally. It is impossible for such lands to be private property, That is what the United STates Supreme court has held every time the issue comes before them...
PERIOD. that's it and there ain't no more.. any laws contrary are illegal and violate my public trust rights to use thoes lands...
I agree Rob but to prove it takes a mountain of attorney fees. Just ask Northwest Steelheaders about that
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Old 03-10-2005, 09:28 PM   #10
Beefcake
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Default Re: River Rights Legislation

Scruffy- Thank you for all of your work on this. I'm sorry to hear that you're no longer working on it full-time, but I would still appreciate updates on anything you hear. Our state's constitution gives the public the right to use these waterways, so I will stand in the corner of anyone willing to fight to preserve these rights.
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Old 03-12-2005, 08:17 PM   #11
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Default Re: River Rights Legislation

Quote:
Right now, the best shot we have for a legislative solution is Senate Bill 423, a bill sponsored by ANWS. You can find the legislation at the following link:

http://www.leg.state.or.us/05reg/mea...423.intro.html

Thanks for all your efforts Scruffy! I will continue to look at this as a river rights issue rather than an access issue.

Only two ways to fish, one is from a boat and the other is from the banks of our rivers and streams. There are few things as important to fishermen than having river rights. Without these rights we will loose our ability to fish the beds and banks of Oregons rivers and streams. These rights are far too valuable to let slip away.
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