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Oregon Road Conditions & Cams Email Story to a Friend June 15, 2005 Rogue navigability study likely Tuesday’s declaration of the John Day River as navigable paves the way for state ownership of the Rogue River’s banks By DON JEPSEN for the Mail Tribune SALEM — The Oregon Land Board Tuesday voted to declare 174 miles of the John Day River navigable, a decision that will "ramp up" a navigability study pending on the upper Rogue. The board, composed of Gov. Ted Kulongoski, Secretary of State Bill Bradbury and Treasurer Randall Edwards, accepted a staff recommendation to claim ownership of the bed and banks of the John Day. The Division of State Lands determined that the state had a "valid claim" to ownership under the 1859 Admissions Act granting states title to submerged and submersible lands on navigable rivers upon entering the union. John Lilly, assistant director of policy and planning for the agency, said the decision gives "some clear guidelines" to step up a study of the Rogue from Grave Creek to Lost Creek dam, a distance of 90 miles. He said the division had been waiting for action on a bill in the Legislature to make all navigable rivers open for recreation regardless of ownership. Advertisement "We hadn’t put a whole lot of effort into the Rogue River study," Lilly said, "but that is going to ramp up because of the board’s action today." If the study concludes the Rogue was used for commerce, and the Land Board agrees, the state would assume ownership of the bed and banks to the mean high-water mark. The lower Rogue from Grave Creek to the river mouth was declared navigable in 1975. Kulongoski and Bradbury supported the navigability motion for the John Day, but Edwards abstained. The treasurer wanted to see whether Senate Bill 1028 allowing public use of all Class 1 rivers in Oregon would pass this session. A key provision would be to suspend future studies by the state on the navigability question. SB 1028 ran into a firestorm of opposition during public hearings from both riparian landowners and river recreationists, primarily boaters who objected to being charged a "floatage" fee based on the size of their craft. The revenue would have been used for enforcement. Kulongoski said he did not know what form the bill had taken, but he also said he probably could not support it if it reached his desk. The measure is still in committee in the Senate. The board action was a bitter blow to Sen. Ted Ferrioli, R-John Day, one of two sponsors of SB 1028. The other was Senate Majority Leader Kate Brown, D-Portland. "I’m more than disappointed and saddened by the decision," said Ferrioli, whose sprawling legislative district includes the lower John Day. "I worked across party lines, with the Land Board and with the governor for a management approach that favors no one, but is mutually beneficial." He said he had failed landowners in the John Day basin. "To those who feel the state has perpetrated a theft, I am deeply sorry," he said. The decision on the John Day could have an impact on other rivers besides the Rogue, which Kulongoski said are "waiting in the queue" for studies. The Northwest Steelheaders Association has petitioned for studies on the Trask, North Santiam, South Umpqua and Kilchis rivers. The Rogue study was sought by two former Josephine County district attorneys: Timothy Thompson in July 1997 and his successor, Clay Johnson, in October 2004. One of Kulongoski’s major objections to holding off on navigability of the John Day was the impact on the pending requests. "If I sign Senate Bill 1028, it will apply to these other rivers," he said. "I do not think that is good public policy." Bradbury said he saw no reason a legislative effort couldn’t go forward to alleviate conflicts by spelling out the rights of landowners and recreationists. "In the Legislature, you have the ability to find compromises, you have choices," he said. Don Jepsen is a freelance writer living in Salem. Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback www.bingo.com Home Security Systems Trunks, Footlocker dvd-r Distance Education Computer Security Ztech Media Hosting Sports Equipment Online Casino Reviews Student Loans tcg student loan consolidation Online Pharmacy online casino Myspace Home Equity Loans Windermere Van Vleet Rogue Valley Travel Reservationstogo Hotel Reservations Southern Oregon Loans Online Casino News Natto Kinase Nattokinase Casino Gambling Sites Budget Website Templates Investments & Loans Advertisement s