Forest Service, Tribes dispute Metolius boating

On May 27, Deschutes National Forest Supervisor Sally Collins signed a management plan for the Metolius Wild and Scenic River.

In preparing the plan, boating was the issue that generated more comments than all other issues combined. A

n impasse with the Confederated Tribes of the Warm Springs over boating may ultimately lead to litigation to determine who owns the Metolius River.

Currently, the Tribes, which claim the Metolius as its own by virtue of an 1855 treaty with the federal government, ban boating. The Forest Service does not encourage boating, but has not tried to stop it.

The Tribes are concerned that boating affects the sacred and primitive nature of the river. They assert that boaters remove large logs which fall across the river, thus eliminating prime fish habitat.

Beyond infringing the Tribes' claimed sovereignty, they assert that boating also threatens the safety of tribal members and the public when they engage in rescue missions on the tumultuous section of the river along the Reservation.

In a press release Collins stated, "Until the differing claims and interests of the managing agencies can be resolved, the Forest Service has the responsibility to manage boating."

Rod Bonacker of the Sisters Ranger District said the Forest Service "does not have authority to close the river to boating without good, resource reasons."

Under the May 27 decision, the Forest Service will manage boating on the Metolius to preserve riparian and river resources and habitat, and to preserve the primitive recreation experience afforded by the lower section of the river. The agency cites as a primary objective "respecting tribal values regarding the river."

The only improvements planned by the Forest Service are primitive boat landings (a simple, two-log frame) at Bridge 99 (the put-in) and Monty Campground (the take-out). These will help minimize erosion and other harmful effects.

Aside from a section of the river from Gorge Campground to Bridge 99, the agency will not remove logs or other wood debris that accumulate instream.

According to Bonacker, the Sisters Ranger District will implement a voluntary registration system for boaters to determine whether an unreasonable number of boaters use the river. At the registration booths, the agency will distribute information educating boaters about respect for Tribal land, resource protection and safety.

The Forest Service continues to work on a Cooperative Management Agreement between itself, the Tribes, the state, and Jefferson County. Meanwhile, an accord with the Tribes is not in sight because of competing jurisdic

tional claims.

The State of Oregon asserts ownership of the Metolius under a "navigability" theory. Navigability is a legal term which must be established by procedures which cannot be initiated until after the State Land Board has completed a study process.

The State also urges that people may have a "flotage easement," which gives the public the right to float waterways regardless of who owns the water and banks. But the law is unclear about whether the easement would prevail in light of competing tribal treaty rights.

The Tribes' claim stems from an 1855 treaty defining the Reservation boundary as: "...down the main branch of De Chutes River...," which is the historic term for the Metolius.

The Tribes interpret this as giving them jurisdiction over the entire river