Opponents of Metolius destination resorts file appeals

Opponents of destination resort developments in the Metolius Basin launched a volley of appeals last week. Two groups filed appeals with the Oregon Court of Appeals, and a decision should be delivered in August.

An appeal filed by LandWatch and Friends of the Metolius (FOM) argues that the approval of destination resort zones around the Metolius is improper. The argument suggests that the Land Use Board of Appeals (LUBA) incorrectly excluded the aquifer waters of the headwaters of the Metolius and the Metolius River in defining what is protected at those sites.

LandWatch and FOM are represented by Paul Dewey, who explained that LUBA's ruling runs contrary to the legal principle that all resources of a protected site should be protected and that it is illogical not to protect the aquifer system spring water since there would be no headwaters or Metolius River without it.

The second argument presented to the court is that Jefferson County should first be required to update its 26-year-old inventory of natural resources and programs for their protection before allowing greatly increased development in the Metolius area. The county admits that its inventory is outdated; however, it maintains that it prefers to update it after the new development areas are already approved.

The third argument is that Jefferson County failed to adequately assess the fire hazards associated with siting destination resorts in its fire-prone forests. The Metolius area has seen extensive wildfires during the last five years. The argument of LandWatch and FOM is that residential development in high fire risk areas is not a good mix.

"These are good issues to be raising to the Court of Appeals because they address basic questions of interpretation of state land use law and its protection of natural resources. LUBA in its decision explained that it was constrained by previous Court of Appeals decisions, so we had to file this appeal to the court to address those cases," said Dewey.

The principle of protecting natural resources is at the very core of Oregon's land use values, according to Dewey.

"At issue is whether Oregon's land use system can protect the state's most precious natural resources. If it can't protect the Metolius, then it's hard to see how it can protect anything," said Dewey.

The Ponderosa Land and Cattle Company is also unhappy with LUBA. The company has planned an extensive destination resort development on a nearly 30,000-acre tract located on Green Ridge, a few miles to the west of Sisters. Their appeal will attempt to overturn LUBA's decision that Jefferson County needs to assess impacts to deer and elk habitat.