The 2008 Rogue Navigability Declaration which has been appealed by eight landowners, has had an initial summary judgment delivered by Judge Ron Grensky of Oregon’s First Circuit Court in Medford.
This summary judgement does NOT say the Rogue is not Navigable. It does however say that so far the state has presented insufficient information to make the navigability determination for the river section from mile 100-157.5.
A lack of determination, does not mean the Rogue is not navigable, it merely means it is not yet decided to the satisfaction of Judge Grensky.
In addition, the summary says the state has a responsibility to set a clear property line if such a declaration is made, and that the property line of “ordinary high water” does not meet the state requirements for clarity of property boundaries.
It’s important to note on this secondary item, that additional Oregon administrative rules for a clarity of property boundary, will not invalidate a federal navigability determination, only require a more exacting boundary to be determined to comply with Oregon law.
The state is now required to present the necessary information.
“The Court would like petitioner to prepare an order that complies with this opinion. The Court further will allow the parties to the extent they deem necessary to proceed to trial on any remaining issues.”
The full “Summary Judgement” can be read by clicking the image above or here.
