News and Opinion from Sisters, Oregon
News and Opinion from Sisters, Oregon
Plans for a pair of destination resorts in the Metolius Basin got a boost last Wednesday when the Oregon Court of Appeals ruled that Jefferson County correctly developed its destination resort plan.
That decision upheld a previous ruling by the state Land Use Board of Appeals (LUBA).
The court did support the remand of some issues back to LUBA and thence to Jefferson County, primary among them being more work on studying the impact of proposed resorts on big game habitat.
The court's ruling removes a hurdle in the path of two developments: the 2,500-acre Ponderosa Land and Cattle Co. resort in the Green Ridge area and the 627-acre "Metolian" resort proposed by Dutch Pacific Resources LLC.
The developments would be the first destination resorts in Jefferson County.
The Ponderosa Land and Cattle Co. development is conceived as a traditional destination resort with golf courses and lodging amenities for visitors. "The Metolian" is envisioned as an "eco-resort" that would not have a golf course, would use sustainable building practices and encourage outdoor activities such as hiking and horseback riding.
Both resorts will have to go through an extensive approval process in Jefferson County; no plans have yet been filed.
"This is a long process and we're in this for the long haul," said Rick Allen, spokesman for Ponderosa Land and Cattle Co. "There'll be a decision and an appeal and a decision and an appeal and this will go on for a long time... It'll be years before anything is developed."
The resorts have drawn heavy fire from opponents who believe that there should be no destination resorts in the Metolius Basin. Critics include Friends of the Metolius, the Confederated Tribes of Warm Springs and Central Oregon Landwatch.
Paul Dewey, an attorney with Central Oregon Landwatch, said he is assessing whether the organization will appeal the court ruling to the Oregon Supreme Court.
He said the organization will be closely monitoring how Jefferson County handles the remanded issue of impact on big game habitat.
"We want to see them do a thorough analysis of the effect (of roads, increased traffic and development)," Dewey said. "What I fear is that they're going to do something summary and come up with conclusions that say it's fine, which is not acceptable."
Opponents could appeal such findings to LUBA.
Senator Ben Westlund sponsored Senate Bill 30 to ban resort development in the basin, but it failed after Governor Ted Kulongoski promised to veto it.
Kulongoski said he wanted the Jefferson County destination resort remapping process to be judged through established legal channels based on compliance with the law. However, he promised action if it is found that current laws do not adequately protect the basin.
An October 2007 Oregon Water Resources Department letter to the governor analyzed protections provided for the Metolius basin under the Deschutes Mitigation Program.
The letter stated that resorts' potential "ground water withdrawal outside of the Metolius sub-basin could have an impact on stream flow in the Metolius River."
The letter made several suggestions as to how to stiffen protections for the Metolius basin, but each proposal came with strong caveats regarding significant negative economic impact in the Sisters area, questions about effectiveness or concerns about the potential for legal challenges.
Oregon Water Resources Department ultimately recommended that the Deschutes Mitigation Program be left as it is.
However, Dewey reads the letter as acknowledging that protections for the Metolius River are inadequate and he wants to see Governor Kulongoski live up to the promise to ensure that the river basin is protected.
"Frankly, the next step is the governor's," Dewey said.
Jim Cornelius is editor in chief of The Nugget and author of “Warriors of the Wildlands: True Tales of the Frontier Partisans.” A history buff, he explores frontier history across three centuries and several continents on his podcast, The Frontier Partisans. For more information visit www.frontierpartisans.com.
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