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CLEAR Temp: 51 °F Wind: E at 11 mph Thursday, February 6, 2003 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine W3 Magazine Jobs @ Mail Tribune Tempo A & E Oregon CarZone Wellness Connection Real Estate Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Contact Us Media Kit Email Story to a Friend January 26, 2003 Tough to navigate The issue of public access to rivers near private property has proven ... By DON JEPSEN for the Mail Tribune SALEM — A compromise proposal to defuse conflicts over public access versus private property rights on five Oregon rivers is being shopped around the state by a member of the Oregon Land Board. State Treasurer Randall Edwards met with ranchers Friday in Monument to seek support for a four-year pilot program. Randall’s proposal would grant concessions to landowners along the rivers in exchange for limited public access. He plans to meet with property owners in other parts of the state. Most of the conflicts are on waterways that have not been declared navigable, including a 90-mile stretch of the Rogue River from Grave Creek to Lost Creek Dam. While Oregon courts have said the public has some limited rights, no state law spells it out until the river is declared "navigable." That has led to serious clashes on the Rogue, Applegate and Pistol rivers in Southern Oregon and other parts of the state. Police called in to settle disputes are powerless because of the ownership question. Recreational users and upland owners also are confused over the extent of public/private rights on rivers that have not yet been declared navigable. "Right now it’s a frustrating problem," said Josephine County District Attorney Clay Johnson. "This issue needs to be clarified so law enforcement officials can do their job." Johnson’s predecessor, Tim Thompson, petitioned the land board in 1999 to begin a study of the Rogue above Grave Creek to determine whether it is navigable. The state has yet to act on that request. If a river is declared navigable, the problem disappears. The state claims ownership of its bed and banks to the high water mark, making them open to public use. The compromise plan by Edwards would grant concessions to private landowners who allow the public to access stretches of the Rogue, Trask, John Day, North and South Santiam rivers. Recreationists could float the river and use a 10-foot strip of private bank for activities associated with water use. Prohibited would be overnight camping, fires and leaving human waste. In exchange, riparian owners would not have to pay property taxes on banks and river beds open to public use. The state would establish a dedicated fund to pay for enforcement patrols, garbage and bathroom facilities. Landowners would not be liable for those using the river or environmental damage. The pilot program would be four years, during which navigability studies would be suspended. Edwards said if some kind of agreement can be reached — and that may be a big "if" — he will ask the three-member land board, which also includes the governor and secretary of state, to introduce a bill. The land board through its State Lands Division manages public lands for the benefit of the common school fund. "This is a very contentious issue," Edwards said. "It goes right to the heart of private property rights." Past efforts to strike a compromise with both sides have failed. Oregon was granted ownership of the beds and adjacent banks of navigable rivers in 1859 when it was admitted to statehood. But the state must determine which rivers qualify — an often lengthy and acrimonious process. To date, most rivers have not been studied for their navigability. Don Jepsen is a free-lance writer living in Salem. Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright 1997-2002 Mail Tribune. All rights reserved. Privacy Policy webmaster feedback A D V E R T I S E R S