A picture is worth a thousand words, right? Well, here’s another…

For more on who benefits from the Rogue River Navigability Appeal, check out this post on Westfly.com.

Utah River Map

Here’s an article from the Salt Lake Tribune, courtesy of Gene Trump via Westfly, that pretty much makes the question of “who owns the river bed?” irrelevant.

Maybe this should this say, “Visitors welcome for now.”

Heather McNeill comments on Solladay’s remarks in the June 9th OPB News article on Rogue Navigability…

In other words, rather than state ownership, which falls under her department, Ms. Solladay would rather have some other arrangement that would be someone else’s headache.

There is a huge huge difference between easement and ownership. It is not the same. Please consider that travel, and transportation are only one of benefits that you reap from ownership of the river.

From public ownership in 1849 you also have ownership of the river bed (gravel & sand), you also have ownership of bank and the bank condition which affect water quality that you rely upon for drinking. You also have ownership of the full habitat that supports several ecosystems that support fish, water foul, your clean water, and flood control. You have ownership of the kinetic energy of the river to turn turbines, water wheels, and help move your goods downriver.

There is absolutely no comparison between an easement that only allows you to travel through a piece of private property, and the public ownership that Federal Government entrusted to the State to for all the people. That title of ownership given to the state at statehood predates your national forests, your BLM land, your national parks, your wilderness areas. That title of ownership, ensured a myriad of incredibly valuable resources would be protected for all the people in perpetuity.

Consider that before you had railroads, before you had state & federal highway systems, you had a network of rivers. Those rivers were owned for you, by the government, for your transportation needs, but they also provide a tremendous array of other values. Values that are truly fluid, and could never be maintained if chopped into parceled privately owned bits.

What Solliday has said would be the equivalent of abandoning ownership of the national forests, to the logging companies that worked there, for free, with the agreement, that you could still pass through (oh, what about the condition of the forest? what about the condition of the wildlife? What about the condition of the watershed? Sorry, you, no longer own those benefits/headaches, its up the private landowner to do what they will.) What Solliday has said would be the equivalent of abandoning the freeways to the adjacent property owners (think about the upkeep) with the agreement that you could still pass through.

Solliday is supposed to be an agent of the people, protecting the value of our state lands. Hmmmmmmm….

“The mission of the Department of State Lands is to ensure a legacy for Oregonians and their public schools through sound stewardship of lands, wetlands, waterways, unclaimed property, estates and the Common School Fund. “

Maybe she has been misquoted. I don’t know. I hardly see how the quote is in alignment with the mission entrusted to the Department of State Lands. –Heather McNeill

From OPB News…

State Declares Rogue River Navigable To Lost Creek Dam

ROGUE RIVER ENVIRONMENT

By Pete Springer

Portland, OR June 10, 2008 3:11 p.m.

The Oregon Land Board declared Tuesday that an eighty-nine-mile stretch of the Rogue River is navigable.

Pete Springer explains what that means.

The Land Board took up the issue of the navigability of the Rogue over ten years ago.

The Josephine County D.A. wanted to know if it was legal to charge people with trespassing for being on the river bank next to private property.

It’s not — according to the decision by the Land Board.

The definition of navigability is that the state owns the underlying beds and banks of the river– up to the ordinary high water mark.

Louise Solliday is the director of the State Land Board.

Louise Solliday: “The public has the right to use the river, to get out of their boats, to recreate, to fish, to enjoy the public resources that the river provides.”

The decision affects the Rogue from Lost Creek to Grave Creek — the portion below Grave Creek is already considered navigable.

Solliday says she hopes the legislature adopts a “floatage easement” — similar to the law in Montana — to avoid this kind of issue in the future.

By Heather McNeill

One of the biggest concerns and arguments made against Navigability Determinations (clarifying a river is in fact one of the ones owned by the state since 1859) is the issue of property taxes. Many people feel outraged that they have been paying taxes based on acreage to the middle of the river. Taxation varies though, and many people who think they are paying taxes on land to the middle of the river, might not be.

Tax assessment of property happens at the county level. Oregon counties vary in their method for taxing river front land. There are not guidelines or rules for the counties from the Oregon Department of Revenue property tax division. Counties have been going at it with their own methods.

Josephine County method as of 2007
http://www.oregon.gov/DSL/NAV/docs/web_rogue_study/response_josephine_county
.pdf

“The assessors office has not made a determination of the rights of
ownership, but follows the various ownership documents that are recorded

We have not assessed the bed of the Rogue River and in many cases only
assess to the mean ordinary high water mark following ownership documents
provided by owners. …”

Jackson County method as of 2007
http://www.oregon.gov/DSL/NAV/docs/web_rogue_study/response_jackson_county.p
df

“Jackson County uses a 90% reduction of our rural tract rate for (land
located within the bed and banks of the Rogue River)….We determine the
size of the parcel by deed and determine the acreage to the high water line”

What it comes down to is that each river front taxpayer should take the time to carefully review their deed. Many times the property description names the ordinary high water mark as the boundary. There is no standardization of deeds or regulation. Deeds are part of a private transaction between two parties. And then they get turned into the tax assessor office. It is up to the property owner to ensure their deed is accurate, and abides the law.
—————————————————————————-
Further research should be done on how and why the property tax assessments
are done differently in the different counties.

It seems that the state could easily create a comprehensive approach to navigable rivers by having the following departments/divisions/agencies all have standard policy and public information pieces on river rights law.

Oregon Department of Revenue: property tax division
Oregon Realty Agency
Oregon Marine Board
ODFW (has recently created its first public piece on navigability)
Oregon State Police
DSL (has recently created its first public piece on navigability)

If in standard dealings with each of these agencies citizens were given information about the definition of navigable rivers and that they are state owned since 1859, so much confusion could be cleared up.

If each realtor provided information to both parties during a transaction of river front property… Hallelujah!

If each property tax assessment involved information on navigable rivers….Glory Be!

If each person taking the boating test, had to know which rivers are navigable and publicly owned…… Amen! Each boat registration could have a statement about it!!

All fishing & water fowl regulations would have a clear statement on navigable rivers and the public use doctrine!!!

If Oregon State Police officers had an informational handout to help them understand the situation when they respond to an “incident” on the river…

And if DSL had their own publication, but could link people to all those others….
….then maybe, just maybe, this wouldn’t be so controversial.

–Heather McNeill

Here’s an important tip from a Common Waters member. –Hugh

The 2009 legislative session will likely be filled with several river rights
bills. Knowing where legislators will stand on the issue of your river
rights can be tricky. This is not a partisan issue and never has been.
Party lines mean nothing. It can be tough to figure out which leaders will
stand up and which will cave in, or work against river rights.

Then again, some people just do the obvious and ask them. A CWO member
asked his representative about where he would stand for river rights, and
here’s the answer he received.

Dave,

As a fly-fisherman I have had the experience of being run out at gunpoint
from streams listed as navigable. I fully support retaining the public right
of access to these rivers and streams. Thank you for reminding me of the
need to be vigilant on this issue.

Representative Chuck Riley
House District 29
503-936-5791

Elmer’s at 8am (Wednesday, March 19, 2008)

2000 Biddle Road
Medford, OR 97501

–Heather McNeill

Wednesday, March 19, 2008 10am-2:30pm Rogue Navigability Hearing:
Public Hearings 1,2,3

I was given some simple advice about how these hearing work. It sure makes
it easier to know what will happen.

1) Get there before it starts. There is a sign up sheet and they go right
down the page. Make sure you sign up on the sheet. Just sitting in the
room will not get you counted. If they run out of time, they cut it off and
close the hearing. So, get there so you can be early on the list.

2) Know whom you are talking to. In this case it’s the State Land Board.
This is Governor Ted Kulongoski, Secretary of State Bill Bradbury, and
Treasurer Randall Edwards. They have listened to everyday people from all
over Oregon many times. Honestly, they are good at listening.

3) Know the questions they want answered: the accuracy and completeness of the information contained in the report; and whether the evidence presented in the report concerning the historical use and condition of the Rogue River study segment meets the requirements of the federal test for navigability.

4) They will ask you to come to a microphone. They will ask you to give
your name before you testify. Then you will be free to state your opinion.

5) Your answer can be very simple. You don’t have to give a long speech.
In fact expect that they might tell you that you only have one minute. Have a
couple of notes written down, because nerves can make you forget your point.

Your answer can be as simple as:

The Department of State Lands report did the research, it shows the river is
similar to what it was at statehood. It shows that boats like the
drift boats of today could have drifted the river then. That means the river
was “navigable” at statehood. You should protect the rights of all the
people and vote to declare it navigable and end the confusion.

6) If you have more to say about your experience on the river, or your desire
to keep river rights, say it after you’ve responded to the questions.

If you’re comfortable saying why river rights and your rights to use the
Rogue are important, say it. It can be personal, and simple. The reason
why you care is your own, and it’s always the best answer.

For more information from the state, the following link gives the location,
time, and tips on the hearing. Click here.

–Heather McNeill

Navigability on the Rogue River is getting some Press, but is it thorough and
objective?

From KDRV Medford 3/5/08
“Rogue River properties could go public” (link)

From The Oregonian 3/9/08
“Who owns Oregon’s rivers?” (link)

From the Mail Tribune 3/9/08
“Who really owns the river?” (link)

Can they prove that land values fell on the Sandy & John Day? Can they prove
that landowners had trouble changing their tax assessment?

A tax assessment is based on the value recorded at the County Tax assessor’s
office. How does the county tax assessor weigh in on this matter on the
Rogue? How did the county tax assessment offices handle this issue on the
portions of rivers that have been declared navigable like the Sandy, John
Day, McKenzie, Willamette, Chetco, the Coos, the Coquille , the Umpqua, and
the Klamath and the lower Rogue (the lower Rogue was declared navigable in
1975). Who has asked the real estate industry about this issue? Who has
asked that realtors be trained on the law, so that they are selling only
what they legally can sell? Who asked appraisers if they see a difference
in value of river front property on navigable rivers and rivers not yet
declared or tested?

Before news articles spout the local “truths” about the issue of “takings”
they can research what has happened in other areas. They can provide an
objective amount of information to find out how the McKenzie River has
faired all these years, with its wide shifts in river bed and changing of
property lines.

When journalists interview people and hear the “takings” side of the debate,
shouldn’t journalists ask what state supported benefits the private
landowner has received? What about controlling flooding with dams and
dikes? What about disaster relief and aid for people when the river does
flood? What about the benefits of wildlife management and fisheries
management on the waterways? What about the cost of protecting water
quality upstream, so that those downstream have good water quality?

These are just some thoughts that I toss out there, when I hear a “takings”
argument that ignores the benefits property owners receive from the tax base
of all the people.

The reality is that all citizens pay taxes that help river front landowners
maintain their property values by helping limit flood damage, ensure water
quality, and striving to protect fisheries and hunting opportunities.

Our state capital has an ancient quote from Plato engraved in the marble
that says

“A free state is formed and maintained by the voluntary union of the whole
people joined together under the same body of laws for the common welfare
and the common benefit the sharing of benefits justly apportioned”

Do we suddenly ignore our Articles of Statehood that declared all the
navigable rivers as common highways and forever free, just because citizens
forgot we have laws to follow that were established for the good of all?

It’s a very fair to ask that news articles should cover a legal explanation
of the situation. It’s very fair to ask why the journalists covering the
Rogue River Navigability study are saying “make public” when it has been
public.

There is a real tragedy in this story. It’s one of miscommunication and
misinformation. The tragedy is years of non-enforcement of the law.

The tragedy is also one of news stories that are not researched and that
perpetuate a misinformation about what is private land and what has always
been public land. What about doing some research the 1859 law?

While the misinformation goes on daily in the news, there is the tragedy of
real estate being sold, that was not for sale. And there are those that
pocketed the money from that land transaction that seem to be sliding into
the shadows with no notice from the media, or from the victims of the crime.

The navigability process is blunt. It is discomforting to those that have
been misled. It is inconsiderate of the sense of loss, the fear, and the
anger. The state’s method of ignoring this problem has not lead to peace on
the river. Delaying and stalling has only made the situation more volatile
with more years of misinformation embedded in the minds and hearts of
Oregonians.

It’s time to demand that the law be clearly explained to all the people.

1859 Oregon Articles of Admission to the United States of America
“All the navigable waters of the state are to be Common Highways…. and
Forever Free.” It serves all the people of the state. It always has.

–Heather McNeill

People are asking what to do, how to influence the river rights challenges.

The answer is we influence it — all of us. Not just people who claim membership in CWO, but everyone. It’s our government. It has a duty to protect our rivers, for us, the people. We need to make sure it happens.. There is not someone else to fix this for you, there is you. You can do it.

You and the people you reach, and the people they reach, and the people they reach can make this happen. They can secure your river rights. So first, we need to reach out and find other people.

Have a get together in your community. Set a place and time to have beers, coffee, breakfast, pizza. And meet the other people that care about this issue. Meet the people who will help you in your community. Meet a rafter, a fisherman, a Scouting leaders, a kayaker, a birdwatcher, a person. Meet them.

And then…..

Handout them the river rights brochures, the bumper stickers, and the petitions. And then everyone talk some about where and how, they will get these out there. Ask each other questions about how to explain this. Hop on-line and come back here and ask your questions. Get talking, get active.

But wait, you say, “I don’t have that stuff!”

Well…that stuff will be ready by March 7th. If some of you step up, we’ll get them spread around the state via a volunteer pony express. It’s wacky how well this has worked in the past. All sorts of rendezvous among strangers that become friends while handing off information and getting the chance to meet each other. People traveling on business and for pleasure, pick up a packet and carry it to boat shop, a fly club, a coffee shop and meet someone who hands them out locally.

This takes people who will say “I will.”

So, on March 7th and 8th I’ll have the big stash of brochures & petitions in Albany. I’ll do a presentation on river rights at the FFF show at the Albany Fairgrounds. If you’re going to the show and have a ticket, that’s great, come find the CWO sign and introduce yourself. If you’re not a fly fisher and don’t want to pay to get into the show, send an e-mail and I’ll meet you at the doors with the information you need.

Here’s how this works…

Post a comment. (See that “red link” at the lower right corner of the screen? Click on that and you’ll get a form on how to post a comment.)

– Say where you are at (city only),

– Say realistically how many you can distribute within a couple of weeks (we can get you more, we just hate to have them end in the trash though, so be realistic)

– Say if you need a delivery to you.

– If you can deliver from point A to point B, please say it.

If you’re comfortable using your name or your business, then please do so. It really helps people to know who they can turn to in their community. If you’re not comfortable posting your name in your comment, we can reference your e-mail behind the scenes and get in touch to help you make it happen.

If some of you old timers that did this the last time around want to pipe in with how this works, I’d appreciate it.

So, list out those cities, lets see where this stuff needs to go. And stay tuned into this blog for more information.

– by Heather McNeill, Pony Express Station Manager