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Eastern Oregon State-owned Land
Rogue River Draft Navigability Study Released
09/17/2007
 
For immediate release                                                                                      07-29
 
More information:  Julie Curtis – 503-986-5298                          
 
89-mile segment from Grave Creek to Lost Creek Dam deemed navigable
 
Salem – After months of research on the Rogue River’s use since statehood, the Oregon Department of State Lands (DSL) has made an initial determination that the 89-mile study segment of the river is navigable – meaning the public has the right to use its banks for fishing, navigation, recreation and commerce.
 
“We looked at journals of early explorers and settlers, historic maps, surveys from the 1800s, water flow models – any document or piece of information that could help us understand what the Rogue River looked like and how it was used before and at the time of statehood in 1859,” said DSL Director Louise Solliday.
 
To reach its conclusion, DSL used the federal test for navigability:
 
To be considered navigable, and therefore a grant to a state upon its admission to the Union, the river must have been:
  • Used, or susceptible to being used,
  • In its ordinary and natural condition,
  • As a highway of commerce over which trade and travel were, or could have been conducted,
  • In the customary modes of trade and travel on water at the time of Oregon’s statehood (1859).
“Until recently, few people paid much attention to whether a waterway was navigable. But as Oregon’s population has increased, and as more people are living next to waterways and using them for recreation, there’s been a keen interest in public vs. private ownership of the submerged and submersible land between the high and low water marks, commonly referred to as a river’s banks,” said Solliday.
 
In 1997, the Josephine County District Attorney requested DSL conduct a navigability study of this section of the Rogue, which serves as the starting point for a formal process to determine navigability. As part of this process, DSL is now seeking public input concerning the information contained in the study, still in draft form.
 
“We welcome any new information, or corrections to what’s contained in the draft study, concerning the historical condition and uses of the 89-mile segment of the Rogue,” said Solliday.
 
Approximately 3,000 notices have been sent to adjacent property owners, elected officials, media and others in the region to inform them about the study and its contents.
 
A public hearing will be held on Oct. 24, 7:00 p.m. in the Performing Arts Center at Grants Pass High School, 830 NE 9th St., Grants Pass.
 
The public may also provide written comments about the information contained in the draft study in the following ways:
 
Email:  roguerivercomments@dsl.state.or.us
 
Mail:
Department of State Lands
Rogue River Navigability Study Comments
775 Summer St. NE, Suite 100
Salem, OR  97301-1279
 
The public comment period is open until 5:00 p.m., Friday, Nov. 9, 2007.
 
The State Land Board will discuss the study and receive public input at a special meeting in Medford on March 12. The public will be notified of the time and place of the meeting.
 
Copies of the study are available on the DSL Web site: www.oregonstatelands.us/DSL/NAV/rogue_intro.shtml or by contacting Jeff Kroft at DSL (503-986-5280).
 
The State Land Board consists of Governor Theodore Kulongoski, Secretary of State Bill Bradbury and State Treasurer Randall Edwards. The Department of State Lands administers diverse natural and fiscal resources. Many of the resources generate revenue for the Common School Fund, such as state-owned rangelands and timberlands, waterway leases, estates for which no will or heirs exist, and unclaimed property. Twice a year, the agency distributes fund investment earnings to support K-12 public schools. The agency also administers Oregon’s Removal-Fill Law, which requires people removing or filling certain amounts of material in waters of the state to obtain a permit.
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Page updated: March 16, 2009

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