River Rights/NavigabilityWorking to Ensure Access to Oregon’s Rivers |
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River Rights Director: Art Israelson, (503) 666-2599
Since 1859, Oregon’s citizens have had rights to utilize Oregon’s rivers below the mean high watermark as one of our state’s most priceless heritages. Since 1990, a small but well- funded special interest group has worked in the Oregon Legislature to remove your ownership of the public lands underlying Oregon’s Rivers and your recreational access rights along with them. The Association of Northwest Steelheaders has been instrumental in assembling a force of other recreational groups, called the River Rights Coalition, to fight for your continued ownership and Access to public lands along and under Oregon’s rivers. Think access doesn't apply to your favorite river or stream? Think again. The standard for what rivers and streams qualify can be reduced to a simple rule of thumb—if you can get a boat of any type down it, it is considered a navigable stream by similar case law in the Supreme Court of the United States. However, only portions of 10 Oregon streams have been legally declared navigable. Additional streams can be added by doing a navigability study and asking the Division of State Lands (DSL) to go through the process to declare that stream legally navigable.The DSL navigability process was put on hold while various sessions of the legislature struggled to pass a bill that would settle the access issue. During this time, an angler fishing the John Day River was arrested. Although his case was not prosecuted by Gilliam County, the Association of Northwest Steelheaders sued DSL to move forward with the John Day navigability process. The case was heard in February, 2002; the judge's decision will be posted here as soon as it is announced. The Sandy River was declared navigable February 5, 2002, by the State Land Board (made up of Oregon's Governor, State Treasurer, and Secretary of State) and the John Day on June 14, 2005. It is imperative that anglers act responsibly: do not trespass on private property (above the high water mark), control children and pets, leave no sign of your presence, and remove others' litter. On September 15, 2007 the Oregon State Land Board issued a news release deeming the public is the rightful owner of the Rogue River's bed and banks along an 89-mile stretch in Jackson and Josephine counties when it issued the draft navagability study. The process is now in the Public Comment stage. In 2006 The Association joined Common Waters of Oregon to help preserve your right to be on Oregon 's navigable waters below the ordinary high water mark. You may walk, wade, swim, boat, float, bird watch, picnic, camp, ship goods and carry passengers, and enjoy the rivers as long as you obey the state laws. Please help us in supporting Common Waters of Oregon. [ Home ] [ HELP ] [ Action Center ] [ News ] [ Calendar ] [ Events ] [ Contact Us ]
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Friday, January 18, 2008
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