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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.”

----------- end quote ------------

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: [email protected]

Senator Bev Clarno
Phone: (503) 986-1950
Fax: (503) 986-1958
Address: 900 Court St. NE S-323, Salem, OR 97301
Email: [email protected]

Senator Jason Atkinson
Phone: (503) 986-1702
Fax: (503) 986-1929
Address: 900 Court St. NE S-323, Salem, OR 97301
Email: [email protected]

Senator Ginny Burdick
Phone: (503) 986-1718
Fax: (503) 986-1080
Address: 900 Court St. NE S-317, Salem, OR 97301
Email: se[email protected]

Senator Tony Corcoran
Phone: (503) 986-1704
Fax: (503) 986-1778
Address: 900 Court St. NE S-319, Salem, OR 97301
Email: [email protected]

Senator Roger Beyer
Phone: (503) 986-1709
Fax: (503) 986-1011
Address: 900 Court St. NE S-211, Salem, OR 97301
Email: [email protected]

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: [email protected]
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: [email protected]
136 State Capitol
Salem OR 97310-0722
 

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Even though I am a registered Republican, and even though I hope to buy a place with frontage on a navigable river in the relative near future, I oppose these attempts to deprive the public of rights granted in the Admission Act back when Oregon became a state.

I would hope Uncle Ted puts down his bowling ball long enough to veto the final bill if it makes it thru. If not, I predict immediate court challenges...but the best outcome would be to defeat the bills in the legislature.

[ 07-11-2003, 08:10 PM: Message edited by: GutshotApe ]
 

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I'm with Stew and GSA on this.

The proponents of this bill know that they will ultimately lose if the matter is litigated (e.g., no civil/criminal suits since the Steelheaders' John Day success), so they are trying to change the law.

If you cherish your rights to float, anchor, wade, and fish rivers such as the Sandy, Clack, North Santiam, Wilson, McKenzie, etc., then you need to do something about it. Senator Ferioli and the Cattlemen are mounting a serious effort, and the only thing that will stop them is if people like the membership of the Steelheaders and ifish are heard.
 

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Don't wait to call, a lot of wild and crazy stuff will happen as they try to finish up the session.

(Without warning)
 

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I agree with you Stew this is a bad bill. So this is what the Republican dominated legislature comes up with? They can't find a way to fund schools but they have time for this? Shame on them.
 

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This is getting pretty urgent, if you have not done so, please email, call, write, phone, and visit your senator this week. Ferrioli has done his homework and has cut a lot of deals to get this bill passed. We really need to turn it into a hot potato like we did SB 293.

Scruffy

P.S. Freespool, this really is not a republican or democrate, conservative vs. liberal issue. It is a small group of elitist landowners that not even a lot of other riverfront landowners agree with, trying to take away the legal right of all Oregonians to use publicly owned navigable waterways for recreational purposes. These bills both violate existing state and federal laws. Unfortunately, if they pass, it will take a ton of money to get them overturned in court. I don't got it, do you?

[ 07-14-2003, 11:12 AM: Message edited by: Scruffy Bearded Varmint ]
 
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Discussion Starter #8
Thanks Scruffy!
Yep I emailed my senator several times and have yet to hear back from him so a phone call is next.
Please keep us informed :cheers:
 

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Now for all you would be attorneys.
If the Oregon admissions act is a legal document then we should all get our Deschutes river boater pass $ back with interest.
The Day I am no longer a DESCHUTES RIVER GUIDE I will be spending a great deal of time on this subject. Think how much they owe me after guiding their for 27 years
 

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My Letter to the Senators:

I am deeply concerned about Senate Bill 928, which apparently attempts to circumvent state and federal law by giving away the rights of the public to legally access the bed of certain streams and rivers up to the high water mark. As an Oregonian proud of our beach access law, the bottle bill, and numerous other bills unique to Oregon, I'm appalled that a bill of this nature would even be given consideration, seeing how it benefits a very, VERY, select few upland owners.

I hope your committee will see fit to keep this bill out of the "bill-trading" that is obviously going on right now in the Oregon Legislature.

thank you

**** *******
Lafayette, OR

[ 07-14-2003, 12:13 PM: Message edited by: TheRogue ]
 

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SBV, ok, so it's just a coincidence that this bill was sponsered by a Rebublican? Just like the bill Brady Adams tried to get through that would have let the Savage Rapids dam stand. Or the bill Linn Snodgrass sponsered that would circumvent the land use laws by allowing her church to build a 35 acre complex on land zoned agricultural? All just coincidance? Like I said they fiddle while Rome burns.
 

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Stew,

We cannot count on a veto from Ted Kulongoski. He supports the concept of individual river management plans, even though he is on record as not fully supporting the language of this bill. I would say your guess is as good as anyone's. We simply have to make this sucker so hot now one in the Senate is willing to vote for it. Emails and Phone call now!

Scruffy
 

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bump
 

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I know some of you folks are pretty busy, but if we all don't take the time and contact our Senators about SB 928 and SB 293 we stand to loose access, or have such restrictive rules on our rivers we might as well not have access.

Senate Bill 928 will give the landowners and the state agencies the tools and teeth to prevent us from anchoring wading and even stopping along the banks of thousands of miles of Oregon's streams. Is that what you want?

Please take the time to send the emails and make the calls. The future of our sport is at stake here folks.
 

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I got no, as in "0" responses to my e-mails yesterday. I'll send out another round and follow up with phone calls around 10am tomorrow.

TR
 
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My senator Bruce Starr (r) responded with a generic response. I guess I'll have to phone him too :cool:
 

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When you write your senator (I hope and pray that you all do.) regarding Senate Bill 928, please identify yourself by profession. Do not say that you are a fishermen. It seems our friend Ferrioli has managed to discount all our objections by say we are just a few fishermen opposed to thie bill.

It is important that the Seantors know that it is all Oregonians that see this bill for what it is: a clear attempt to get recreational river users off the rivers. If it passes even access to rivers like the Clackamas and Sandy could be in jeopardy. Please contact your Senator and all the Senators on the Rules Committee tomorrow. We have to get this thing killed in committee.
 
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