On April 8, the State Land Board heard a report from a work group that was formed to develop a legislative alternative to the navigability study process. The initial proposed alternative consisted of a four-year pilot project on five rivers.
After hearing from the work group, the Land Board discussed narrowing the pilot project to include only the John Day River in north central Oregon. The proposed legislation would seek to clarify rights of recreational users of the river and the rights of riverfront property owners.
DSL Director Ann Hanus said board members expressed support for having the legislative concept include some use of the riverbank by recreationists as well as the water itself. Opposition to the concept expressed at public meetings related to four other rivers stopped those efforts, Hanus said.
The concept developed by the work group has been drafted into legislation as amendments to Senate Bill 293. The bill is assigned to the Senate Water and Land Use Committee chaired by Senator Ted Ferrioli (R-John Day). An initial hearing was held on the bill on Wednesday, April 16. The next hearing is scheduled for Wednesday, April 23, at 3 p.m. at the Capitol in Salem. It will be held in Hearing Room D and public testimony will be taken.
Major bill concepts as presented to the Senate committee include:
A recreation management plan will be developed for the segment of the John Day from River Mile 10 to 184. The plan will be developed in partnership with local, state and federal agencies, tribal governments, landowners, recreationists and other interested parties. The Oregon Parks and Recreation Department will be responsible for developing the management plan. DSL will provide assistance.
The Land Board may choose to authorize development of a management plan instead of a navigability study for other rivers for which navigability studies have been requested.
Use of the bed of the river without landowner permission will be allowed for boating, anchoring, fishing, wading or hunting.
Use of the shore is allowed within 10 feet of the waterís edge but never beyond the line of ordinary high water.
Use of the shore without landowner permission is prohibited for open fires or campfires, disposal of human waste or overnight camping.
No property tax would be assessed on the bed and banks of the river, and no provisions of the bill would affect title or ownership of the water, bed or banks of the river.
Landowners will not be liable for damages, loss or deteriorating conditions to environmental values caused by use of the waterways covered by the bill within public access areas.
Landowners who experience uncompensated property damage linked to actions of recreationists within the public access area will be eligible for compensation to restore or replace lost property.
The bill does not identify a source of funding for implementing the management plan. However, the bill requires OPRD and DSL to submit a report to the 2005 Legislature on the management plan including funding options and implementation tasks.
For more information on the recreation planning process, contact Tim Wood, Oregon Parks and Recreation Department (503) 378-4168 ext. 238 or e-mail to: “mailto:[email protected]”