(Although my name appears above, I’m just the messenger. This post is by Heather McNeill, founding board member of Common Waters of Oregon. – Hugh)

The deal is still not done. Yes, that’s right, its still not over, because they are scared there will be screaming. There might be screaming. I might scream. Where might I scream? At the public hearing in Medford on March 5 is where.

Why would I want to scream?

1. After a century of documented steady use of the river for commerce, recreation and just plain ol transportation …There were disputes about who owned the river. (US Law says that all the rivers that were navigable at statehood were given to the state to protect as “common highways” and to be kept for the people without toll or tax. They are to be “forever free”.

In 1998 (that’s 10 years ago) the District Attorney for Josephine County wrote to the state asking for a Navigability study because of constant conflict, law enforcement issues, etc. He requested a navigability study, his request was complete the state was legally obligated to get it done.

2. The Josephine County District Attorney was right on in application for a Navigability Study to be done. He wrote,

“Actual and potential conflicts between users and landowners are increasing in frequency and volatility. For example, property owners bordering the Rogue River are frequently faced with conflicts and disputes with members of the fishing or rafting public over access to land-based sites. As the pressure from development and commercial/recreational use of the river increases, these conflicts will increase. A primary source for the conflict is, in my judgment, related to the absence of a definitive interpretation of “navigability” on the middle and upper portions of the river. So long as the navigability of the river remains uncertain, the rights and responsibilities of the public and landowners remains uncertain.” (Thompson, 1997)

So golly gee whillickers… The state got busy (NOT!)

“At the February 10, 1998 Land Board meeting, an information item (available upon request) was presented by DSL summarizing the comments received in response to the notice. The Board did not take any action at that time concerning the study request. However, following this meeting, DSL forwarded a copy of the request to the Joint Legislative Interim Committee on Navigability for its review and recommendations. The Committee did not provide any comment on the navigability study request. The Land Board took no further action on this navigability study request until December 2003.”

That’s right… the state that is legally obligated to resolve this issue, did nothing for 5 years.

EEEEEEEYYAAAAAAAAAAHHHH!!!

3. “At that time, DSL reported that it planned to go before the Land Board in February 2004 with a recommendation concerning the study request. However, during the Board’s discussion of this item, the question arose whether the then current District Attorney, Mr. Clay Johnson, believed that this study was still warranted.”

FREAKING YES, it was still relevant. What a flippin’ stall tactic…. oh, I wonder if the conflict magically stopped???? oh geee.. ………. I wonder……..geee

4. (eye rolling happens, and I’m quivering with rage) “After some discussion, the Board decided that the decision of whether to direct DSL to conduct the study should not be made until the public was given more information concerning why such a long time had passed since receipt of the initial navigability study request from District Attorney Thompson in July 1997.”

Am I the only one that thinks this is insane??? Hmmmm well, perhaps we should slow down and study this some more, because people are upset it has taken so long……

5. In 2004 they started to study this. And lo and behold discovered that

“A previous navigability study was conducted in 1979 by James E. Farnell (Farnell, 1979)”

Farnell, was not a private person…. He was a staff person at the Department of State Lands, and the report he did was at the request of the Oregon State Legislature.
That’s correct…. In 1975, tax payer dollars funded a full studied the river and found it navigable. Farnell asked the state legislature to immediately declare the Rogue and many other rivers navigable.

The legislature did nothing. So, the point is, WE ALREADY DID THE RESEARCH, WE ALREADY KNEW THE ANSWER!!!!

6. The Report was released September 2007 (remember we already had a report in 1975). It said the Rogue had enough flow, has changed little, and was and is navigable. Then, the DSL decided they should ask the public if they think that is correct….

REMEMBER THIS IS A FACT ISSUE NOT A POLITICALLY ONE, the law says they must determine the facts…

Grrrrrrrr… Does it float a boat???? Why yes it does! Now, everyone, lets see, do you think its actually able to float a boat? Please send your comments…. GRRRRRRRR

7. Here’s the part where I get to straighten my back with resolve… Here’s the part where finally grassroots organizing had some payback… Thank you letter writers!!!!! Thank you. Every time I lose hope, the fact is, there are many people that believe and understand what is at stake. There are many people helping with this. Many people have been fighting this for years and years and years. They are the bedrock. Do not lose faith that people care about 150 year old river rights. They care. They really do.

The DSL received 191 written responses in fall of 2007. Of those responses, 148 agreed the Rogue River is navigable and the study is correct. !!! BUT IT’S NOT OVER!!!!!! Sorry for the psych of good news and cheer. Let it give you hope, and inspire you. People care. Stand up for those that will not. Stand up with me.

8. Reason why I want to scream on March 19: At its March 19, 2008 meeting, the Land Board will invite testimony from all persons concerning:

* 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.

The Land Board will not make any decisions at this meeting concerning the navigability of the Rogue River and will only listen to testimony presented on these two questions.”

It ain’t over. I beg you…

Consider taking the day and going to Medford to stop the insanity.
——————————————————————————————————-
Wednesday, March 19, 2008 in Medford, Oregon. This meeting will be held in the Pacific Ballroom at the Ramada-Medford and Convention Center (2250 Biddle Road) from 10:00 a.m. to 12:00 p.m.
———————————————————————————————————

THE SUMMARY OF MY SCREAM
1) They make no commitment…ever!.
2) This is 11 years since the DA asked them to resolve this.
3) This is 33 years since Farnell did his report.
4) DUH!! the river is navigable, they should vote immediately to declare it navigable, and publicly owned.
5) The process is an egregious stomp on your rights and colossal waste of tax dollars.
6) AND THEY BETTER GET A MOVE ON ALL THE REST OF THE NAV STUDIES….. WE AIN’T RUNNIN’ THIS STOOPID GAUNTLET AGAIN!!!!

For more information and to find the quotes listed here, you can read the navigability study.

You can read the summary of public comments that were written in Fall 2007.

The announcement about March 19th and their instructions on how to testify are located at here.

Common Waters will also post some information on how to testify. It’s coming soon.

Heather McNeill

Your response: