Oregon Public Broadcasting

A Portland lawyer is challenging a state claim that the public owns an 89-mile stretch of the upper Rogue River.  Pete Springer reports.

The debate over the upper Rogue River started over a decade ago when a law enforcement officer wanted to know if it was legal to charge people with trespassing for being on the river bank next to private property.

The answer depends on whether that stretch of the river is navigable or not, says Louise Solliday.  She’s the director of the Department of State Lands. 

Louise Solliday: “Was it used or was it susceptible to being used for the purposes of commerce or trade at the time of statehood?”

In June, the state declared the upper Rogue met that criterion  and was indeed navigable.

That means the state owns the underlying beds and banks of the river -- up to the ordinary high water mark -- and the public has the right to use the waterway and its banks.

But Portland lawyer Jennie Bricker is appealing the decision on behalf of six property owners on the upper Rogue.

State officials say they are prepared to defend their finding.

But in the meantime, they’ll put on hold plans to charge rent to property owners who have docks or marinas on the upper Rogue.