On June 14, 2005 after nearly eight years, the State Land Board finally completed the John Dave navigability study by declaring that the State of Oregon has owned a 174-mile segment of the John Day River below line of ordinary high water since statehood in 1859. The study request was filed by the Association’s John Day River Chapter.

The Land Board’s declaration follows a successful litigation by the Association against two John Day River landowners and the State of Oregon. In the case, a Marion County judge and jury found that two parcels of land in the 174-mile segment were on a navigable waterway. Portland attorney Thane Tiensen represented the Association.

The decision was appealed to the Oregon Court of Appeals by the landowners and the Court ruled against them. On appeal, the Association was represented pro bono by Melissa Powers of the Lewis and Clark Law School’s Pacific Environmental Advocacy Center. We expect the Land Board’s decision to also be appealed, but the appeal would go to the Oregon Court of Appeals, which has already ruled the John Day is navigable.

True to its mission to be advocates for anglers, ANWS, in pursuing the navigability study and the John Day litigation, has taken an appropriate active leadership role in thwarting ongoing attempts to privatize Oregon Rivers.