The Court reversed an Oregon District Court decision that found that Measure 37 waivers were contracts and that the application of voter-approved Measure 49 violated the separation of powers doctrine.  Measure 49 was passed in 2007 to reign in the worst abuses of Measure 37.

In Jackson County, a number of property owners with claims under former Measure 37 filed suit seeking to block the application of Measure 49 so they could continue with large developments on farm and forestland.

As the Oregonian described it the initial lower court ruling was a “collective forehead slap” for land use attorneys.

One of the many claims involved in the suit proposed a large destination resort next to the Cascade Siskiyou National Monument.  Other claims proposed developments on farmland in the Applegate River, on forestland along the Rogue River and were spread throughout Jackson County.

If the ruling had been upheld, the State’s land use system would have been in disarray. Over 7,500 claims were filed under Measure 37, and the ruling threatened to re-instate all of these claims despite the passage of Measure 49.

Under Measure 37, owners made claims seeking to lift the application of laws that applied to them and their neighbors so they could build large developments on farm and forestlands.  Neighboring property owners grew increasingly concerned because the development proposals threatened rural land, the livability of these communities and the viability of local groundwater supplies.

Rogue Advocates, Oregon Shores Conservation Coalition, Friends of Marion County and Friends of Polk County worked with neighbors, including farmers, vineyard owners and other property owners, to appeal the District Court decision to the 9th Circuit Court of Appeals.

In the appeal, the groups pointed out that the landowners had not even started the large developments before Measure 49 passed. The land owners had spent money on lawyers and consultants to pursue large developments but had done nothing on the ground to establish the uses they proposed before Measure 49 passed.

The 9th Circuit reversed Judge Panner’s decision and found that “the waivers do not show that there was any offer by Jackson County, acceptance by the property owners or consideration.” Further, the Court stated “[i]ndeed, the waivers disavow any promise to the property owners: “Jackson County does not promise Claimant(s) that Claimant(s) will eventually be able to put the property to any particular use.”

Now, instead of large subdivisions sprouting up on prime farmland and threatening water supplies, the owners will be able to pursue modest developments of up to three homes allowed under Measure 49.

Many people sought to take advantage of Measure 37 and develop large residential subdivisions, commercial developments and gravel mines. These proposals threatened neighboring property rights, water supplies and undermined the efforts of people with more reasonable goals. This decision protects neighboring property owners and preserves Oregon’s valuable agricultural capabilities.

For more information:

Salem Statesmen Journal Article — Appeals Court Upholds Measure 49

Ashland Daily Tidings Article – Jackson County Waivers No Good

Hinesight Blog – 9th Circuit Upholds Measure 49

Oregonian Story – Ruling May Snuff Out Hundreds of Measure 37 Claims

TV – Appeals Court Rules Measure 37 Waivers No Good

Join us for Crag’s 5th Annual Filbert Farm Benefit Party!!  Kids are welcome!!

Host: Aaron Matusick and Sandy Riedman

Location: 5909 SE Oetkin, Portland OR, 97267

Time: Saturday July 24th, 3 pm to 9 pm

LIVE Music: NuBorn Tribe (reggae)

Food+Drinks: Greek food (including lamb, turkey and veggie kabobs); Refreshing local beer and tea

Suggested donation: $10 to $20

All proceeds will support our work to protect public lands, water quality and livable communities throughout the Pacific Northwest.

The Filbert is always a great time and we hope to see you there!

Crag and Hood River Valley Residents Committee will host our 3rd annual SYRCL Wild and Scenic Environmental Film Festival!

Time:  Thursday, August 26th and Friday, August 27th 8-10

Location: Springhouse Cellar in Hood River

Tickets: $10 at Doug Sports, Waucoma Books and Springhouse Cellars

While you wait for the Film Festival, YOU can decide the films we highlight!!!

1. Visit http://www.hrvrc.org/poll/

2.  Preview the selections

3.  Cast your vote!

Damage to Salmon, Lack of Science

On April 22, 2010, the Board of Forestry voted 5 to 2 to open your Tillamook and Clatsop State Forests to increased clear cut logging, risking harm to fish and wildlife in your public rain forests. Board member Peter Hayes called the change “too much, too fast, too risky” because the board had not ensured that it had obtained an scientific review before going forward with the change.

A coalition of eleven fishing and conservation groups petitioned the Board of Forestry to reconsider the decision to allow up to 75% of your Tillamook and Clatsop state forests to be clear cut, leaving no trees after logging on the vast majority of the landscape.

The Crag Law Center  worked with experts to prepare and file the petition with the Board of Forestry and the Oregon Attorney General’s Office and included maps showing how extensive the cutting would be in the future through an extensive set of maps using the Board’s data.  You can click on the map to see an overview of the cutting by 2030.

The Oregon Board of Forestry decision allows up to 75% of publicly owned land in the watershed to be clearcut and access roads for logging to be build in your Tillamook and Clatsop Rainforests threatening coastal rivers and streams and fish like the Oregon Coast Coho that depend on them.

The Wild Salmon Center, the Center for Biological Diversity, Oregon Wild, Native Fish Society, Coast Range Association, the Sierra Club, the Audubon Society of Portland, Trout Unlimited, Northwest Guides and Anglers Association, Pacific Rivers Council and the Association of Northwest Steelheader are asking the Board of Forestry to reconsider their decision and take action in compliance with state law by considering available scientific information and prohibited extensive intensive clear cutting that is likely to harm salmon habitat.

State law requires the forest plan to €œmaintain, enhance, and restore€ salmon habitat.

The petitioners point out how state scientists€™ analysis of the changes found that increased clear cutting would result in not provide the assurances required to protect watersheds and salmon.

€œTheir own scientists raised concerns about the effects of this intensive logging on salmon and many other species,€ said Noah Greenwald endangered species program director with the Center for Biological Diversity. €œYet the Board of Forestry moved ahead with a dramatic increase in logging before completing the promised independent scientific review.€

Click here to read the full Petition to Protect Your Coastal Rainforest.

Click here to see a map in 40 years – 2050 Tillamook and Clatsop State Forest Recent Clearcuts

Click here to read the story in the Daily Astorian

Mark your calendars for Saturday, July 24th for Crag’s 5th Annual Filbert Farm Benefit Party!!  Aaron Matusick and Sandy Riedman will host an afternoon and evening of live world music from NuBorn Tribe, delicious Greek food (including lamb, turkey and veggie kabobs), and refreshing local beer and tea.  Kids are welcome!!  All proceeds will support our work to protect public lands, water quality and livable communities throughout the Pacific Northwest.   The Filbert is always a great time and we hope to see you there!

Time: 3 pm to 9 pm

Suggested donation: $10 to $20

Location: 5909 SE Oetkin, Portland OR, 97267

Line out the Door

Trout Creek is located just north of the Columbia River Gorge National Scenic Area in Washington State.  The creek flows south through the Gifford Pinchot National to the Columbia River about an hour and a half drive east of Portland, Oregon and Vancouver, Washington.  Over 90% of the land in this 225 square mile drainage is owned by the public and is part of the Gifford Pinchot National Forest.  Mt. Adams is just a short distance to the Northeast as the eagle flies and the small towns in this area provide a gateway to Mt. St. Helens.

The canyons of the Wind River were wild and unsettled until the early 1900s.  In the 1930s, Franklin Roosevelt sought to pull the United States out of the Great Depression by putting people back to work.  Through his New Deal, Roosevelt formed the Civilian Conservation Corps and the CCC boys as they came to be known constructed the Hemlock Dam to provide water and power for a work camp in the area.  In the 1970s, the dam fell into disrepair and resident fish populations were struggling to hold on.   In 1995, the Forest Service began working with local organizations, contractors and citizens to figure out what needed to be done to recover the river.

In 2009, the Forest Service joined forces with local citizens, contractors and conservation groups to remove Hemlock Dam and restore more than 20 miles of habitat for Columbia River steelhead.  Local filmmakers and avid whitewater kayakers Sam Drevo and Ralph Bloemers documented the project and produced a short film Trout on the Wind.

Trout on the Wind: The Hemlock Dam Removal Story was completed in early May of 2010, and it documents the project from its start to its finish.  After the dam was removed and within minutes of clean water being put back in the stream, a biologist working on the project shot footage of Steelhead trout making their way up the newly restored reach.  Trout on the Wind takes you to the river and introduces you to the people that made this inspiring modern-day restoration effort a reality.

The role that dam removal plays in river restoration is beginning to unfold and each of these restoration projects offer us a chance to recover our natural heritage and celebrate the beauty of the Pacific Northwest.  These are exciting times, where people are working together to employ different dam removal techniques to improve conditions for native fish in the Gorge.  The Columbia Gorge is fast becoming the heart of river restoration through dam removals and local people are getting excited as future projects to remove other dams in the region begin to unfold.

Last week, over 250 people attended the premiere of Trout on the Wind, a documentary about the removal of the Hemlock Dam and the restoration of wild salmon runs on Trout Creek in the Columbia River Gorge.    If you missed the show and would like a copy of the film, please feel free to contact us directly.

A big thanks is owed to our presenting sponsor Next Adventure for kicking down for the venue and for giving us high-quality kayaking gear from Stohlquist and Palm and a fancy pelican case for our raffle.

We also want to give a shout out of thanks to Mountain Khakis, the Epicocity Crew and the NW Film Center for helping to co-sponsor and get the word out on the event.  All of the proceeds from the show will be going to support the continued work of the Crag Law Center and the Gifford Pinchot Task Force to protect and conserve the forests, rivers, fish, and wildlife found in the Pacific Northwest.

The evening will feature the Portland Premiere of  Trout on the Wind, a locally produced documentary about the removal of the Hemlock Dam and restoration of Trout Creek in Washington.  Trout Creek is a tributary of the Wind River in the Columbia River Gorge.  In 2009, the Forest Service, local contractors and local conservation groups joined forces to remove the dam and restore over 20 miles of prime habitat for Columbia River Steelhead.

This film provides a first hand look at how this successful restoration project was accomplished from start to finish.

We also have three additional selections from the Wild & Scenic Film Festival, including John Waller€™s Ascending the Giants, the Good Life Parable: An MBA Meets a Fisherman, a short called SalmonsKin by Thomas Dunklin and a local film by Sam Drevo about a rafting and kayaking trip down the Deschutes with a group of Blinded American Veterans.

Where: Hollywood Theater (4122 NE Sandy Blvd, Portland).

When: Doors open at 6:30 pm, films start at 7:00 pm.  

Price: Tickets are $7 and are available at the door.

Proceeds will benefit Crag and Gifford Pinchot Task Force.  We look forward to seeing you there!

Where: HUB, 2944 SE Powell Blvd, Portland

When: Monday, April 12. The bar is open and dinner is available from 4 pm to 11 pm. Happy Hour menu available from 4-6 and 9-11.

Reservations are required for dinner. Make yours by calling Olivia at HUB by Friday, April 9th. 503-232-4677.

Be sure to mention you are there to support Crag! For more information, contact Megan at 503-525-2724 or visit www.hopworksbeer.com