River Rights ... Again

[GAT]

This article makes mention that navigable rivers in Oregon are held in trust for commerce and recreational uses .... the land owners have fought the constitutional right from day one and keep losing. The river rights are a fact, regardless of incorrectly written land deeds.

Lake Oswego is, well, a lake surrounded by wealthy land owners who believe they own the lake and can prevent others from using it. As far as I can tell, before it was a lake it was a river and then damed to create the private lake. But because the lake is technically navigable, it still falls within the Oregon (and Federal) river rights.

This will be interesting to watch to see how the case shakes out"

Oregon Supreme Court: Public Access To Oswego Lake Is Still Up For Debate

The Oregon Supreme Court will send a case over access to Lake Oswego's eponymous water body back to Clackamas County Circuit Court for a decision.

www.opb.org

 

[Josh]

I hate the concept of private water. Hate HATE it. Like, makes my blood boil if I think about it too much.

I also hate jerks who don't understand that people live adjacent to that water. Don't be loud, don't leave trash, don't be a dick, don't race around in your boat.

Access the water but respect those who live there.

 

[skyriver]

This is hilarious-

 

[Canuck from Kansas]

I hate the concept of private water. Hate HATE it. Like, makes my blood boil if I think about it too much.

I also hate jerks who don't understand that people live adjacent to that water. Don't be loud, don't leave trash, don't be a dick, don't race around in your boat.

Access the water but respect those who live there.

See another discussion, apparently respect for others isn't an agreed-upon concept

LOUD OUTDOOR AUDIO

I don't give a shit what others do to enjoy their hard earned free time. Except when it interferes with your hard earned free time! 😅

pnwflyfishing.com

Cheers

 

[EB590]

I hate the concept of private water. Hate HATE it. Like, makes my blood boil if I think about it too much.

I also hate jerks who don't understand that people live adjacent to that water. Don't be loud, don't leave trash, don't be a dick, don't race around in your boat.

Access the water but respect those who live there.

I dont really have anything to add other than I feel the exact same way. I have a camp on a very famous, very popular trout river. The first thing i did when I bought it was rip down the posted signs.

 

[FinLuver]

This article makes mention that navigable rivers in Oregon are held in trust for commerce and recreational uses .... the land owners have fought the constitutional right from day one and keep losing. The river rights are a fact, regardless of incorrectly written land deeds.

Lake Oswego is, well, a lake surrounded by wealthy land owners who believe they own the lake and can prevent others from using it. As far as I can tell, before it was a lake it was a river and then damed to create the private lake. But because the lake is technically navigable, it still falls within the Oregon (and Federal) river rights.

This will be interesting to watch to see how the case shakes out"

Oregon Supreme Court: Public Access To Oswego Lake Is Still Up For Debate

The Oregon Supreme Court will send a case over access to Lake Oswego's eponymous water body back to Clackamas County Circuit Court for a decision.

www.opb.org

Makes me think that this needs to happen up Quartzville…
Private…No Trepassing signs (and even rope/wire gates) are springing up everywhere. Some asshat has even dug up big bumps in all the pull outs, to keep ya from parking. That’s why I travel up there with one of these…

 

[Scottybs]

I’m 99% with ya. That 1% of private water I’ve fished is a working cattle ranch in another state and they charge $10/day to camp/fish their property. They’ve been solicited by some of the big players to sell out and each time their response is to pound sand as they want to keep it affordable for folks to fish. It’s fairly remote and let’s just say that any of the “West Coast problems” are non existent, biggest threat is the cattle. I do believe if we had any of the individuals that routinely screw up our recreation area, that access would come to a screeching halt.

 

[GAT]

This is hilarious-
View attachment 110206

Obviously there are those in Lake Oswego who can request the city put up signs that indicate what ever they want and the city will do it. .... no questions asked.

 

[Yard Sale]

Is there a penalty for falsely posting public property as private?

 

[RCF]

Is there a penalty for falsely posting public property as private?

I am sure the city will fine themselves...

 

[Stonedfish]

Anyone ever fish Lake Oswego?
If so, how was the fishing?
SF

 

[Josh]

Anyone ever fish Lake Oswego?
If so, how was the fishing?

I would suspect there's bass?

 

[skyriver]

Anyone ever fish Lake Oswego?
If so, how was the fishing?
SF

I heard it's decent for sharks.

 

[skyriver]

Obviously there are those in Lake Oswego who can request the city put up signs that indicate what ever they want and the city will do it. .... no questions asked.

Yep. They have "connections".

 

[JudyM]

Have you seen the Lake drained? If you ever have a boat on Lake Oswego, don't use an anchor!

 

[GAT]

I've never heard a fishing report from Lake Oswego ... perhaps the landowners are not into fishing. With Goggle Map, it appears to be a fairly large lake and considering the close location to the Willamette, most likely is does hold some manner of warm water species. If there are fish caught in the lake, I doubt if it would ever be reported -- "private lake" and all.

 

[chief]

Anyone ever fish Lake Oswego?
If so, how was the fishing?
SF

I lived in the Bay Roc apartments on Lake Oswego for a few years in the late 90's. They had a swimming dock that accessed the lake and I used to fish off of it quite a bit in the summer after work. The fishing was pretty good. I would typically catch a mixed bag of bluegill, crappie, perch, and small largemouth bass. One time I landed a 15" trout, which was a surprise. I think the lake is a typical west side warm water lake. Nothing to write home about, but close to a large population center and it would be convenient for a lot of people if they had access.

 

[GAT]

Bit of an update:

Jury finds city of Lake Oswego too restrictive on public lake access​

By Conrad Wilson (OPB)
April 22, 2024 5:07 p.m.

A jury focused on city’s ordinances that prohibited entering the Oswego Lake from three city owned properties. A judge is expected to issue a final order sometime next month.​

A Clackamas County jury has found the city of Lake Oswego was too restrictive in keeping people out of its eponymous lake, which for years has been limited to property owners whose homes surround the water, as well as a seasonal swim park city residents can use.
The general public is not allowed to enter Oswego Lake to swim, fish or boat. Though that could soon change.
The jury’s verdict followed nearly two weeks of testimony. Even though it’s considered advisory, and not binding, Clackamas County Circuit Court Judge Kathie Steele will use the jury’s verdict as a basis for a final written order, likely sometime in May.
It’s the latest development in a case that began in 2012, after kayaker Mark Kramer and open water swimmer Todd Prager challenged the city’s rules in a lawsuit.

Access to Oswego Lake is limited to Lake Oswego residents. There’s a city-owned swim park for residents. All other access is restricted to members of the Lake Oswego Corporation, a nonprofit made up of the roughly 3,500 homeowners who live around and near the lake.
Conrad Wilson / OPB
Friday’s verdict was the second phase of a two-part trial. During the first part in 2022, a judge ruled the waters are subject to the state’s public trust doctrine, meaning the public must have access.
“Oswego Lake consists primarily of title-navigable waters,” the judge stated at the end of the first trial. “Despite that, the lake has been functionally privatized.”
That ruling set the stage for a second trial. This jury focused on the city’s ordinances that prohibited entering the Oswego Lake from three city owned properties: Headlee Walkway, Sundeleaf Plaza and Millennium Park Plaza.

 

[Peyton00]

I
Me
Mine

The Un-american way.

 

[GAT]

I wonder how many of the land owners will sell their homes if commoners are allowed to start floating around on the lake .....