Email from Amy Williams at the Secretary of State’s office 7/8
As discussed during the last River User Workgroup meeting, we are going to begin a series of conference calls, each focused on a different facet of the issue. The first call is scheduled for Wednesday, July 14th, from 10:00 AM to 12:00 PM. Dial-in information can be found toward the end of this notice.
Kate Brown has asked Bill Cloran, a Portland attorney formerly with the DOJ, and Bill Moshofsky of Oregonians in Action, to co-chair this call, which will focus on the types of river user behavior to be prohibited by statute up to the line of Ordinary High Water (OHW). Mr. Cloran provided these suggested regulations as a starting point for the conversation:
1. Open container law to apply to boaters, no alcohol streamside for fishermen.
2. No fires within 100′ of OHW except in an established campground or private fire place. No Charcoal BBQs. Stoves OK. No smoking.
3. Vegetation to be undisturbed. No taking anything from the land.
4. Comply with property owner’s reasonable restrictions, close gates and stay on paths.
5. No radios or loud music.
6. Use in day light hours only.
7. Present identification if requested by property owner.
8. Users required to contain and pack out all garbage, domestic animal waste and human waste. This has been the rule in Mt. Rainier NP for at least 30 years and is a condition for getting a climbing permit. It works well once people are used to it.
9. Users to have no involvement with domestic animals or livestock.
10. No use of private piers, wharfs or floats or of private recreational equipment (slides and rope swings, etc) except with owner permission.
11. The use area must be accessed from a public access on the water or from the water. There is no express or implied right to cross the privately owned upland, whether posted, fenced, enclosed or open to reach the access area. No right of access to the water shall arise by prescription upon lands where public use is allowed pursuant to this act.
In addition, attached is page 14 of the 2005 Attorney General’s Opinion, which discusses the Ordinary High Water Mark as defined under federal law and also as defined under ORS 274.005.
Dial 1-866-476-8702, participant code 388724
This notice is being emailed to a list that has been compiled from attendees at previous meetings and individuals who have expressed interest in participating. Anyone can be added to the list by emailing a request to email@example.com or by calling Amy Williams at 503.986.1523.
Is this agenda a constructive use of time? With most of those items already being law, or able to be regulated by various agencies, now, why will it do anygood to retype the laws into a new law? Why are we not talking about education and enforcement of existing laws first? If we actually enforced the laws and just got on with it, instead of debating if we should write the same laws down again, in a new section of laws, maybe we could move forward!
And a few of these items are quite feudal. The landowners being able to demand ID? This is so very not American. Sounds like the serfs having to pay homage to the lords. Can people imagine if any landowner on a street asks you to present your ID because you’re driving your car down a street, or walking down the sidewalk? Has anyone heard of the right to privacy? How exactly do I get to ask the cattle, standing the river, for their ID?
Lets just drop the ridiculous and delve into the items that everyone agrees upon. Wouldn’t it be novel, to just move forward because we agree on some things? Those things we don’t agree upon, can wait until we get a program in place to take on the things we do agree upon.