IFish Fishing Forum banner

1 - 14 of 14 Posts

·
Registered
Joined
·
171 Posts
Discussion Starter · #1 ·
Last legislation we dodged a bullet meant to kill our right to continue floating and fishing along the John Day River. You may recall the fight we had over SB 293 and SB 928. Well the fight ain't over yet folks... not by a long shot. We are not out of the woods yet!

Contact the State Land Board Now.

From the minutes of the June 10, 2003 Oregon State Land Board Meeting:

GOVERNOR KULONGOSKI: Any motion?

SECRETARY BRADBURY: Mr. Chair, I would move that the — this Board direct the Division of State Lands to postpone commencement of the John Day River navigability study until either the Governor signs legislation passed by the 2003 regular session of the legislature to address the public’s right to use waters of the state, not declared navigable or the close of the regular 2003 session of the legislature.

TREASURER EDWARDS: Second it.

GOVERNOR KULONGOSKI: Any further discussion? Any objections to the motion? Hearing none. Thank you.


With the above action, the State Land Board ordered the Division of State Lands to begin a navigability study of the John Day River. With the death of 928 at Sine Die, they did. That does not mean they will allow the Division of State Lands to finish it.

A source in the Division of State Lands told me they expect to complete the study within a year… that is unless they are once again, told to stop it. And we have no guarantee that won’t happen.

On October 21, 2003, the Oregon State Land Board meets again. I was told that the first item on the agenda is an update regarding navigability and in particular, navigability on the John Day River. Once again, we the people of Oregon become subject to the vagaries, whims, and behind the scene deal making, I have learned to expect from our elected officials.

According to a source in the Division of State Lands, it is possible for the State Land Board to halt the study once again. I suspect the Senator Ferrioli and the three powerful land lobbyist groups that support him have been trying to engineer just such an action. I have no proof, just full knowledge of the kind of shenanigans they have pulled in the past.

For those of you new to the board, this same group of people have on several occasions, introduced legislation that would have given local landowners complete control over just who could and could not use the John Day River for recreational purposes. One bill would have given over ownership to upland property owners without compensating the public… and remember, the public does own the John Day River. Another would have made it a felony to anchor a boat or wade in the river. And this year’s version would have created a complicated and complex system of local management plans —— plans so complicated that no one could keep track of what would be legal where —— plans that even had the potential to close off the river to all except those willing to pay private fishing club owners for the privilege of fishing there.

I believe it is time for Oregonians to remind the Land Board that they have an obligation to all Oregonians, not just a handful of elite land owners along the John Day River. I believe that if enough Oregonians take the time to write, call, email, and fax the members of the State Land Board before they meet on the twenty-first, the Board will not change course and the study will move forward.

So please, I am asking you all to contact the Governor, the Secretary of State, and the State Treasurer and remind them of their promise to follow through on the request for the John Day River Navigability Study — a study that has languished in the system since 1997; a study that will clearly establish our right are to use the bed and banks of the John Day River up to the line of ordinary high water.

I included the contact information for the members of the State Land Board at the end of this post.

You can monitor the Oregon State Land Board October Meeting Agenda at the following site. As of today, the agenda had not been posted, however, I was told by a source in Division of State Lands that navigability was indeed the first item on the agenda. They should have the agenda posted soon. Monitor it to confirm the Navigability issue. You can also call the Division of State Lands and ask about the agenda: (503) 378-3805.

www.oregonstatelands.us

If you can possibly make it to the meeting, please do. Come prepared to testify! I suspect there will be more than one or two people there that came to ask them to halt the study. This is speculation on my part; however, I do not think we can gamble that they won’t try to stop it.

The Oregon State Land Board will meet at 9:00 a.m. on Tuesday, October 21, 2003 at the following location:

South Slough National Estuarine Research Reserve
PO Box 5417 (mailing)
Interpretive Center - 61907 Seven Devils Rd. (street)
Charleston, Oregon 97420

Phone: (541) 888-5558 FAX: (541) 888-5559

The contact information for the State Land Board follows. Please call, write, email, and fax each one and let them know it is time to stay the course and let the Division of State Lands complete the John Day River Navigability Study, on behalf of all Oregonians. Thank them for their courage in ordering the start of the study and thank them for having the courage to finish it. Remind them it’s the right thing to do.

Scruffy

P.S. Please post a note saying you made the contact. That will bump this post to the top and help us keep the pressure on the Land Board. The more they hear from us, the more likely they will do the right thing for all Oregoninians. Thanks. SBV

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

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

[ 10-07-2003, 11:27 PM: Message edited by: Scruffy Bearded Varmint ]
 

·
Registered
Joined
·
2,425 Posts
SBV,

Do you have a list on the legislators who voted for/against the measure.

Sounds like the opposition to navigability of the rivers is coming from the legislature.

Brion
 

·
Registered
Joined
·
19,909 Posts
I can't believe this sort of thing is being done behind closed doors. The fact of the matter is they can't stand the light. This is a travesty of our rights as Oregonians. This special interest movement must stop.
 

·
Registered
Joined
·
17,006 Posts
Hey Jerry, I certainly hope you're also bending the ear of the agriculture and development interests that are trying to prevent citizens from using our state's river. Being a fair guy, you are right?

Like maybe the guy who posted 'No Anchoring' on the Trask Tidewater, just above the 5th Street ramp?

I suspect the John Day study will now proceed, but thanks for reminding us to speak up for our interests, SBV.
 

·
Registered
Joined
·
1,459 Posts
As SBV has noted. most of the problem seem to stem from those who have bought river property with the past twenty years or so and don't understand the law or appreciate our heritage of open access. I've rarely had problems with the oldtimers after explaining to them that I've been playing on the John Day for forty years and, with their permission, would like to continue to do so. Some of the newcomers, on the other hand, exhibit an attitude of: I've finally gotten mine and I'm not sharing.
So, sadly, private hunkerin' must be replaced by public legislation. To understand what's at stake, please
click here
 

·
Registered
Joined
·
9,323 Posts
Every time I think I understand the Laws regarding the use of rivers something comes up
and reverses everything. Does anyone know " absolutely " how it works ? Has anyone been
arrested and gone to court in defense ?

Apparently Eagle Creek is non navigatable, Meaning the land owners on each side own to the middle of the river. If the land owner owns both sides then he alone controls the access.

Clackamas river works the Same way ?

Things are getting really Crazy. Now they want to limit Boat access to the Deschutes.

What the heck is going on ?
 

·
Registered
Joined
·
5,633 Posts
This gets discussed in depth and detail several times a year here.
My understanding is that although State law says that the public has rights to all navigable rivers up to the high water mark, the numbers of rivers that have been tested in court and actually designated as navigable is very small (like a dozen or less?).
If you do a search you will find reams of info on this. Some of the info was very good, right out of the books.

:cheers:

Oops- meant to post this on the "fisherman busted on Trask" thread. :blush:
I'll leave this and copy it there as well.

[ 10-09-2003, 01:47 PM: Message edited by: Miss B Haven ]
 

·
Registered
Joined
·
13,596 Posts
A reply that isn't just a canned one!!



Dear Kyle,

Thank you for your letter and your concern about the navigability study of the
John Day River. The study will proceed as soon as is practicable. The next
meeting of the Land Board is October 21.

Best,
Bill Bradbury
Oregon Secretary of State


TR

[ 10-09-2003, 01:49 PM: Message edited by: TheRogue ]
 

·
Registered
Joined
·
235 Posts
Abalone, Miss B Haven is right about the amount of information already available on this site. Just search the archives--particularly 2000 and 2001. This has been discussed at length.

For a quick overview, check out this site.

American Whitewater

[ 10-09-2003, 02:16 PM: Message edited by: Bubzilla ]
 

·
Registered
Joined
·
1,426 Posts
At statehood, all navigable rivers - at that time, were deemed waters of the state for the use of the public. The test is commercial/transportation uses at the time of statehood. The states can make no laws to limit the use of these waters by the public. In essence if you can float the waters in a canoe, the waters are navigable. All deeds showing ownership of the bank are being incorrectly interperated. Laws that limit our access to beds and banks of rivers that have a historic use are ripe for a challenge in court. In every case, that I know of, where illeged tresspassers that have been taken to court, the land owner has lost, or the case was settled before it even went to court.

Bugleman's bottom line - don't let zealous land owners push you around, don't tresspass above the ordinary high water mark and most of all be courtious.
 

·
Registered
Joined
·
2,786 Posts
It really is too bad there are any fishers who leave messes, damage fences, etc. Probably less than 5% cause the problems. I guess I can understand the frustration of a waterfront property owner who has boorish behavior in his front yard, even if it makes it much harder for a "bankie" to find a spot to fish.

What I can't understand is the "No Trespassing" signs so often posted on the narrow strips of land between the road and the river. These strips of land might be less than 30' wide so no way anyone could use the land for a house or anything else. But it still has "No Trespassing" posted. This is clearly a case of "I got mine and you can't use it!"

I have been chased off the Kilchis River because I walked in from the road upstream across the "logging bridge". There can't be 10' of land between the edge of the road gravel and the edge of the river. There is no house on that side of the river. There is almost no access on the Kilchis since the farmers closed their bridge accesses. The only point of "owning" that strip of land must be to deny the public use of the river.

We need more public access to riverbanks, and a better way of policing the few messy and rude fishers.
 

·
Registered
Joined
·
5,918 Posts
Scuffy Beard. Sorry wrong name, but same message. Courtesy and sportsmanship go a long way with property owners. I was at Loren's drift on the Trask the other day and picked up a five gallon bucket of garbage. This is property that was bought by Loren Parks for public access. Belive me I know it is only a small % of bad apples but that is all it takes to make it bad for all of us.
 
1 - 14 of 14 Posts
Top