Here at CWO, we’ve pretty much eliminated our use of the word “access” when discussing river rights. It really confuses people and often leads to more miscommunication on the issue than clarity.

Unfortunately, the word is still popping up in the news and from politicians. Just this week the Albany Democrat Herald newspaper used it throughout an article they wrote on December 14.

http://www.democratherald.com/articles/2008/12/14/news/local/1aaa03_waterways.txt

“Kulongoski, Secretary of State Bill Bradbury and Treasurer Randall Edwards are asking the 2009 Legislature to pass a law affirming the public’s right to use streams and lakes — and adjacent land if necessary — for boating, fishing and general recreation….

….Controversies over navigability — including public access to smaller streams and even lakes — has come up since the 1980s. It usually pits people looking for recreation against land owners who want to keep out trouble-makers and avoid liability if anyone comes to grief.”

What seems like a minor detail, is in fact a major detail in this debate. The word “access” especially when use as above “access to” can be interpretated to mean crossing private upland property to reach a river. In fact, none of this legal wrangling is about “access to,” its about the federal rights of people to travel on navigable rivers, and the states duty to ensure that right for all the people.

So, please anytime you see the word “access” used, please take a minute to explain the issue.

This is about reaching the river at public locations such as parks & boat launches, or where you have permission from the private land owner. And once you are on the river, this is about your right to freely travel and utilize the area below the ordinary high water mark. No one is discussing or looking for ways to cross private uplands to reach a river.

For proof of how easily the word “access” leads people astray, check out the bulletin board discussion on I-fish.net about the Democrat Herald article. It’s titled ” Cross your fingers!!! Fishermans Land Access Article” That little word, has led a whole bunch of people astray. And when news articles accidentally lead people astray, into something that is trespass, it does not help anyone.

Please step up and write a note anytime you see it happening.