Common Waters of Oregon

Big Money looking to create Private Rivers in Oregon

heathermcneill — Tue, 08 Dec 2009 02:40:58 +0000

The now infamous Homwaters Club, is looking at expanding it’s “private” fishing club to Bend, Oregon. They successfully privatized almost 30 miles of river in Pennsylvania three years ago.

It was a giant battle that caused huge commotion within Trout Unlimited. TU gave in to the privatization but several western Chapters and individuals members rose up in arms against the lack of courage from TU National. TU National says that they cannot take a stand on protecting public waterways, because they have so many large donors (brain donors?) that support privatization. It’s still a tense standoff within TU today. Western Chapters and members are warily guarding their public waters, and must apply to national board for blessing of their actions. Local Oregon TU has made protecting public river rights a core of their political platform. Lets hope they persist in being so very active on this issue despite the discouragement from their national overlord.

So check out how Donny Beaver and his Homewaters Club are eyeing Bend Oregon for expansion of their private waters. http://www.homewatersclub.com/FAQ/Faq.asp

6. What about plans for the future? Will HomeWaters be expanding?
In 2001, the club began with two miles and six members. Seven years later, we now have over 75 miles and 180 members. During the next decade, HomeWaters will explore expansion options into the Shenandoah Valley, the western Carolinas, southwest Colorado, the Ozarks, Catskills, Jackson Hole, Park City, northern California and Bend, Oregon.

It’s critical that Oregonians keep a watchful eye and keep our rivers public.

New bills are still lurking out there

heathermcneill — Mon, 30 Nov 2009 17:33:54 +0000

In September 2009, The Source wrote a up a critical review of a new bill being sponsored by Senator Bates. Very little press has happened on this new bill, so we’re wondering how The Source got the scoop?

By the way, the source did a great job of explaining river rights! It’s long been the contention of CWO that it’s fairly easy to take away rights that no one knows or understands. It’s critical that newspapers do a bit of research and accurately relay the history of Oregon river rights and how strong they are. Good Job to TS!

Utah River Rights Upheld

Hugh ODonnell — Mon, 16 Mar 2009 03:59:31 +0000

Thought we should celebrate along with our Utah brothers and sisters!

Where’s the Wooden Stake?!

Hugh ODonnell — Thu, 05 Mar 2009 05:39:48 +0000

This is a story that my man Steve King might want to write about…talk about the undead! I hope we’ve got our supply of metaphorical wooden stakes when it comes time to deal with this horror legislation here in Oregon.

Check this (from the Utah Water Guardians web site, today) …

BTW, read the bottom-most post first. The Guardians thought they had the victory, then in the uppermost post, the undead legislation came back. Gives me the shivers. (The dates and “Comments closed” are from the Guardians’ site.)

March 4, 2009 in Uncategorized | Comments closed

NO!!!!! HOLD THE PRESS!!!! –

HB 187 is BACK!!!

In an unfortunate and dramatic turn of events, Representative Ferry pulled HB 187 out for a “motion to reconsider”, the motion was GRANTED. Representative Draxler made the motion, and now HB 187 has come back to life. An amendment(s) is going to be made to the Bill in order to sway votes, which we find interesting as Rep. Ferry stated yesterday, “This amendment is totally unacceptable”.

HB 187 is now “circled” (on hold) and back on the calendar. The Bill can be back on the floor as early as tomorrow morning, March 5, 2009.

We need people at the Capitol Building tomorrow morning @9 am. (Thursday 3/5/09 and if need be on Friday 3/6/09) If you can make it, come join us.

We need you to CALL and EMAIL your Representative RIGHT NOW!! Tell them to Vote NO on HB 187!

It’s down to the wire; we need your support to kill this bill. This cannot and will not happen without your voice!

This coincides with the standing belief that the overall PROCESS of this Bill is flawed!! This last ditch effort is unwarranted and honestly, very disrespectful to the public; we should not stand for this type of behavior. Let them know where you stand (in a respectful way) and tell them that this is unacceptable.

Here is the second substitute HB 187 –> http://le.utah.gov/~2009/bills/hbillint/hb0187s02.htm

March 3, 2009 in Uncategorized | Comments closed

HOT OFF THE PRESS - HB 187 is defeated!!

Breaking news — The House of Representatives voted the Bill down today 34 – 41!!!!

The public did the unthinkable, sunk HB 187! A big thanks to everyone who wrote their Representatives, called, lobbied, informed, spoke out, went with out sleep, work, food and fishing to fight for something we believe in. Today the people spoke, and today the people were heard!

We are proud of each of you, residents and non-residents alike. Everyone played a big roll in this victory. We all came together with a unified voice…. fantastic work everyone! Wow, unbelievable.

Link to final vote – http://le.utah.gov/~2009/status/hbillsta/hb0187s2.004h.txt

We have (2) more request.

1. Please write your Representative(s) and let them know how they did. We sent thousands of emails and they answered hundreds of our calls, we need to extend our hand and say thank you! They worked hard for us; let them know you appreciate it.

If you’re rep voted “yes,” it’s perfectly fair to ask them for an explanation, particularly if they went against something they said previously. It’s Ok to call them on it so long as it’s done respectfully. It’s also good to point out anglers CAN and WILL work with landowners to find a permanent solution. We just need to be part of the process from the start. No more of this back-door, secret, “my way or the highway” stuff.

2. Please use our precious resource with respect, humility and pride. Pick up that trash, repair that broken fence, mend the relationships with landowners and respect private property. We will be looked at very closely this year, let make sure we show them we are Guardians of the water and Stewards of the land.

Thanks again everyone, it wasn’t easy and we appreciate your honest efforts. Well played.

See you on the water,

Bryan Gregson

Your Rights & Responsibilties

heathermcneill — Fri, 30 Jan 2009 22:29:13 +0000

In the last three years, the state of Oregon has begun to publish more river rights information. They are making some progress that helps people and agencies understand the laws. It’s not been fast, but it’s good to see the evolution.

Here’s the latest Oregon Department of State Lands (also referred to as the DSL) information on river rights.

State-Owned “Navigable” Waterways

The rules controlling public use of the submerged and submersible land underlying state-owned waterways are simple. The Public Trust Doctrine gives you the right to use state-owned (or what are also termed “navigable”) waterways (including submerged and submersible lands) for a wide variety of authorized uses including navigation, fisheries, recreation and commerce.

However, this doctrine is not a license to trespass on private land. Anyone crossing private land to reach state-owned public land and waterways must have permission from the landowner. The landowner is under no obligation to grant this permission.

Waterways for Which a Navigability Study Hasn’t Been Conducted

In April 2005, the Oregon Attorney General issued an opinion which addressed the public rights associated both with waterways determined to be navigable and those for which the question of ownership of their submerged and submersible lands has not been addressed.

Full opinion

The opinion also examines the impacts of numerous Oregon Supreme Court rulings between 1869 and 1936 that established common law regarding public use of waterways. Based on this extensive review, the opinion concludes that the common law doctrine continues to authorize some public use of navigable-for-public-use waterways. Both the public and landowners along such waterways must allow the other to enjoy the waterway without undue interference, the opinion states.

A waterway is navigable-for-public-use if it has the capacity, in terms of length, width and depth, to enable boats to make successful progress through its waters. In addition to allowing use of waterways up to the line of ordinary high water for boating, the opinion means that the doctrine authorizes other water-dependent uses. Such uses include swimming, fishing on foot, hunting from a boat and other similar activities requiring the use of the water.

The opinion further means that the public may use the land above the line of ordinary high water only if the use is “necessary” for a water-dependent or incidental use of the waterway. For example, boaters may move cargo, people and boats over upland to go around a set of falls, but they must return to the area below the line of ordinary high water as soon as reasonably possible.
According to the opinion, the public must exercise reasonable and prudent care. Public users will have to pay for damage they cause if they act negligently.

The opinion concludes that under current statutes, only the board may speak for the state when state ownership of a non-tidal waterway is at issue, and the board may determine ownership of a non-tidal waterway on behalf of the state—either as a result of litigation or a formal navigability study.

Nevertheless, as discussed above, a person may use a state-owned waterway that has not yet been determined to be state-owned, according to the opinion. In addition, a person may use waterways that are subject to the public use doctrine. However, the opinion warns that in these situations, such a person risks incurring liability for trespass in the event that the waterway turns out not to be state-owned and not subject to the public use doctrine.

Be a Responsible User

Recreational use of state-owned waterways is a privilege enjoyed by many Oregonians and visitors. However, misuse and abuse of this privilege can lead to restrictions. The Department of State Lands and the State Land Board urge you to be a responsible user of public lands and waterways, obey all authorized closures, restrictions and postings, and exercise basic common sense, courtesy and consideration for others.

When using Oregon´s waterways:

Always get the landowner’s permission to cross private land to get to the waterway.

Be sure to launch and take out your boat at public launches or parks.

Avoid conflicts with landowners.

If you see trash, pick it up and carry it out, but avoid trespass to do so.

Obey laws and common rules of decency at all times.

Offensive littering ORS 164.805 Class C Misdemeanor
(30 days; $1000)

Littering in or within 100 yards of state waters ORS 164.775 Class B Misdemeanor
(6 months; $2000)

Trespass on private land ORS 164.245 Class C Misdemeanor
(30 days; $1000)

Possession, use of a controlled substance ORS Chapter 475 Varies

Interference with property ORS 164.345 Class C Misdemeanor
(30 days; $1000)

Damaging property, less than $500 ORS 164.354 Class A Misdemeanor
(1 year; $5000)

Damaging property, more than $500 ORS 164.354 Class C Felony
(5 years; $100,000)

Damaging livestock ORS 164.365 Class C Felony
(5 years; $100,000)

Pointing firearm at another ORS 166.190 6 months; $500

Firing at person or building within range of weapon ORS 166.220 Class C Felony
(5 years; $100,000)

Reckless burning ORS 164.335 Class A Misdemeanor
(1 year; $5000)

In addition to that information on their website, as of 2008, they have a handy publication on river rights.

CLICK HERE to download the full copy.

Utah also facing a battle for river rights

heathermcneill — Mon, 26 Jan 2009 18:15:42 +0000

Desolation Canyon, Utah's Green River

In July of 2008 a Utah court case ruled in favor of all the navigable waterways being public property. It was a landmark case for the people of Utah. The state ruled based on that all the waterways are owned by the state and therefore the mud and bottom of the river is also owned by the state. The court did not define the boundaries of the streams though.

That story was first listed here in July

And now even before a bill has hit the Utah legislature, newspapers are reporting how anglers will be losing these “new” rights.

The Salt Lake Tribune: Stream Access May Partly Evaporate January 21,2009

The message is two fold, first that its only anglers affected (no, it actually is all Utahans, and every person in general) and that is a near certainty that the “new” rights will be lost. Instead, instead these are basic rights set forward by the United States Congress, and people will fight for them.

The US Federal government entrusted all the navigable waterways to each state to protect for all the people. Each state has done various things with their internal laws since being handed that mandate as a state.

Colorado has made it a felony trespassing crime to set foot on the bottom of privately owned rivers, or even to bump into a rock. Montana gave up state ownership in a gamble that an easement for the public would serve the public just as well (this is now being attacked there).

Oregonians have successfully fought off bills that posed as a “solution” to the river right “problem.” Those bills, starting in 1997, tried to make some trade with “anglers”. They attempted to implement additional agencies, additional laws, and even to wholesale give up state lands to private property owners, without compensating the people of the state.

River rights are for all the people. They have facilitated industry, commerce, travel, and recreation for all the people. They are not rights specific to anglers. Just ask all the wives that love to go along for the day, reading a book, but would never touch a fish. Children going rafting at church camp, bird watchers, hunters, white water rafters, kayakers, picnickers, and anglers are only some of the ways you can lable “people” in general. Rivers are for people.

A person might have a boat experience only once in their life, and still that is important to protect that as an option for them and for people in the future. It’s important that a mother can take her kids on an summer afternoon stroll down the river. Wading in the shallows, playing in the swimming holes, skipping rocks, finding crawdads, and enjoying that resource is something that people have done for millennium. That experience connects us to each other, to our world. It teaches our children, its an important relief for adults. A church can baptize people in the river, a person can cleanse their spirit at the river. This is something we know in Oregon. We haven’t given up yet.

We have public beaches here. We had to fight for that all through the 1960’s. Today, we do not see those beaches as a place strictly for anglers, or clammers, or surfers. We are proud and known all over the world for our public beaches. They are there for us to stroll, to contemplate, to experience, to share. Our rivers are no different, and we will defend them.

If Utah loses their river rights, it does us no good. If Oregon were to lose our river rights, it does Utah no good. Our rights have a common history. Our rights are for all the people. Don’t underestimate the people.

NOTE: CWO is not taking up the fight in Utah. The purpose of watching other states is to notice how the message against river rights is being crafted, and to watch for successful responses.

Fighting for rights of the people

heathermcneill — Sun, 25 Jan 2009 19:49:10 +0000

: Washington Crossing the Potomac

It’s worth contemplating why it was so important to the founding fathers, that the navigable rivers of the nation be designated as common highways.

The belief that waterways and the resources of the waterway (travel, water, fish, game) are to be shared by all the people is an ancient belief. It was first put into law in the Roman Empire. To read more about the legal history of river rights check out the article In Law We Trust.

The founding fathers of the United States were very clear that the navigable waters brought benefits to a free and democratic society. Since that time, exploration, trade, settlement, businesses, and communities have relied upon freedom to travel these public waterways. America as a nation was explored and built via that travel and that right. Since that time, industries have shipped goods on these waterways while at the same time everyday people have continuously traveled, fished, and recreated along them. Villages have come and gone, industries have come and gone, and people still use the rivers. River travel has been critical again and again.

Waterways are no less of a valuable resource today. The very battle over them, shows their value. Those that would fight to privatize them, know there is money to be made if they can control the vast resources of the river.

The fight to control the waterways is proof enough that the founding fathers were right. The immense value and benefit of waterways should belong to all the people as “Common Highways” to be kept “Forever Free”

The Oregon Admission Act February 14, 1859

Section 2. Jurisdiction over waters forming boundary of state; use of navigable waters as free highways. That the said State of Oregon shall have concurrent jurisdiction on the Columbia and all other rivers and waters bordering on the said State of Oregon, so far as the same shall form a common boundary to said State, and any other State or States now or hereafter to be formed or bounded by the same; and said rivers and waters, and all the navigable waters of said State, shall be common highways and forever free, as well as to the inhabitants of said State as to all other citizens of the United States, without any tax, duty, impost, or toll therefor. [11 Stat. 383 (1859)]

Legislative Session Starts January 12

heathermcneill — Mon, 12 Jan 2009 02:13:52 +0000

The Oregon Legislative Session will start tomorrow, Monday January 12.

So far CWO has been unable to obtain a copy of the river rights bill that the State Land Board and Senator Allan Bates have said will be coming.

On December 16, CWO asked folks to write letters requesting a copy of the bill. The generic responses that were received have had no follow up since then.

Heather -

We have submitted a bill request to the Legislative Counsel’s office that will address public river rights. However, we have not yet gotten a draft bill back from LC to pass on to you. We are tracking all of the requests for the draft that we receive and when we have a public draft to pass on to you, we will do so. Thank you for your time and attention to this important issue.

Erin Fair
Policy Adviser
Senator Alan Bates, D.O.
District 3
503.986.1703

At that time we had asked you to write to Senator Allan Bates and Senator Jason Atkinson. As far as we know at CWO, no one has had any further follow up on this matter. Now, it’s time to let your own senator and representative know that you care about this and that you want to be involved.

Please take a minute to send an e-mail to your own legislators. Ask them to include you in the information about any river rights bill. Ask them to feel free to call you, or contact you, to get your opinion on the importance of river rights. Ask them to make sure that you’re notified of any committee meetings on this issue so that you can be as involved as possible.

Get your legislators’ e-mail CLICK HERE

SAMPLE LETTER

Dear Senator/Representative :

I’m one of your constituents. I understand that a bill is being created that will change public river rights. As a person that believes in the immense value of public river rights, I would like to make sure I can get a copy of that bill so I can be as involved as possible on this issue.

I want to make sure that we don’t lose our valuable river rights. Oregonians had to fight to get their beaches made public. We currently have strong river rights, although enforcement has been poor. I want to make sure that we keep Oregon’s rivers forever free. They are an important legacy for future generations, they are economically important to many small business and communities, and public rivers are a way of life here. Public river and river rights are important to me.

Times are tough, but giving up our public ownership and rights will not improve our economy. Giving up our river rights in fact could hurt many small businesses that provide services to tourists and Oregonians that boat and fish and love our rivers. No one would dream of giving up the beaches right now… why would we give up the rivers?

Please make sure to send me a copy of the bill as soon as possible. Also please let me know of any committee meetings or public testimony needed on this matter. If you have any questions about why I care about this, please get in touch. I want to be involved in protecting our river rights. Please contact me on this as soon as possible.

Sincerely,

PHONE: XXX-XXX-XXX

e-mail:

Addresss:

Please post your responses from legislators here in the comments. Feel free to remove your personal contact information from the response when you post.

Get them informed. Let them know that you care.

KEEP OREGON RIVERS FOREVER FREE!

Oregon Businesses Are Involved.

heathermcneill — Thu, 18 Dec 2008 04:37:33 +0000

The Economic Value of "river time" and tourism to the state.

click here for the pdf download of the full magazine

There are so many business in this state that rely on river rights. Think of the guides and outfitters that travel the rivers with clients. Think of the general store where people buy bait, ice, propane, and fill up the gas tank for their outing. What about the private campgrounds and RV parks where average Oregonians are able to have a little vacation spot and easily boat down the river from camper home base? Then there’s the boat makers, the gear manufacturers, the restaurants along the way, the motel accommodations…

We’re seeing more and more businesses start to realize they have a stake in this issue. Expect to see many more come on board as this issue heats up. River rights bring tourism to the state, keep Oregonian tourism here, and builds our local economy. Get the word out there.

Here’s a shout out to the CaddisFly of Eugene, for writing an important piece on river rights on their blog. They are helping inform their clients about the issue.

http://oregonflyfishingblog.com/2008/12/17/oregon-river-access-rights-battle-brewing-get-ready/#comment-11825

We also have a listing here of businesses that have supported CWO for many years.

www.BoatEscape.com

Chris O’Donnell’s Guide Service, LLC

Creekside Flyfishing Guides and Outfitters

Northwest Trout

Northwest Flyfishing Outfitters

Water Ready!

Westfly.com

The Caddis Fly: Oregon Fly Fishing Blog

We hope to see this list grow and grow. If you can setup a link to this blog on your business website or blog, we would be happy to link back to your site. Please send us note if you’re able to write a blog posting on why river rights are important to your business, we would be happy to link back to your story.

Will they introduce legislation? What will it be?

heathermcneill — Wed, 17 Dec 2008 05:12:46 +0000

Sen. Alan Bates

Sen. Jason Atkinson

River rights bill for 2009?

Just a few days ago the Albany Democrat Herald wrote that there will be a bill. What we don’t know is who is writing that bill, who are they involving in the process and what does it say? Does it protect your river rights?

Most likely Senator Bates or Senator Atkinson will introduce a bill on river rights since their districts include the Rogue River which was just declared navigable by the State Land Board in June of 2008.

As the only organization in the state that is devoted to protecting public river rights, CWO would very much like to preview the bill and get it out for all Oregonians to review. Currently, the navigable rivers belong to all the people of the state. If anything is going to tamper with that right, it should be strongly considered by all the people.

Please help make the legislators aware of Common Waters of Oregon and let them know we would like to review any bills that involve public river rights.

If you could send a note to Senator Bates and to Senator Atkinson asking them to get any information on river rights bills to us, we would greatly appreciate it.

sen.alanbates@state.or.us

sen.jasonatkinson@state.or.us

Dear Senator :

I understand that a bill is being created that will change public river rights. As a person that believes in the immense value of public river rights, I would like to have you send a copy of the proposed bill to Common Waters of Oregon as soon as possible.

Common Waters of Oregon has been doing education on public river rights since 2005. They work with many organizations that have members who are interested in protecting their river rights. They are a resource of information and good stewardship practices for river users.

If you could e-mail a copy of the proposed bill to me and to Common Waters of Oregon, I would greatly appreciate it. Please e-mail Common Waters of Oregon at info@oregonriverrights.com.

Once again, thank you for helping everyone interested in public river rights, participate in the legislative process.

Sincerely,

Offensive littering	ORS 164.805	Class C Misdemeanor (30 days; $1000)
Littering in or within 100 yards of state waters	ORS 164.775	Class B Misdemeanor (6 months; $2000)
Trespass on private land	ORS 164.245	Class C Misdemeanor (30 days; $1000)
Possession, use of a controlled substance	ORS Chapter 475	Varies
Interference with property	ORS 164.345	Class C Misdemeanor (30 days; $1000)
Damaging property, less than $500	ORS 164.354	Class A Misdemeanor (1 year; $5000)
Damaging property, more than $500	ORS 164.354	Class C Felony (5 years; $100,000)
Damaging livestock	ORS 164.365	Class C Felony (5 years; $100,000)
Pointing firearm at another	ORS 166.190	6 months; $500
Firing at person or building within range of weapon	ORS 166.220	Class C Felony (5 years; $100,000)
Reckless burning	ORS 164.335	Class A Misdemeanor (1 year; $5000)