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.

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.

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

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

There is an organization actively working to take away your 150 year-old legacy of river rights. They are a wolf in sheep’s clothing. They are acting as if your rights will be lost if the public land is not given to landowners for free. WHAT????

When you read the word “our” in this propaganda IT DOES NOT MEAN YOU. Let’s be clear, they are asking you to help them make public land into private property for free. They are asking you to be willing to give away not only your own river rights, but the rights of all future generations. They are asking you to volunteer and give money to steal Oregon’s state lands. (Click here for link.)

Are we that dumb? — Heather McNeill

(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.
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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