One year ago today, Governor Kulongoski signed House Bill 3298 the Metolius Protection Act of 2009 into law, finalizing a multi-year process to prevent destination resorts and other inappropriate development in the Metolius area and designating more than 400 square miles of land as Oregon’s first-ever Area of Critical Statewide Concern.
One week ago, the first real attempt to challenge the act emerged with a proposal for 15 units of “fishing accommodations” on the Metolius arm of Lake Billy Chinook that not only runs afoul of the legislatively approved management plan for the Metolius, but amounts to a perverse interpretation of land use statutes that would pose new threats for significant rivers throughout the state.
Just a quick note for now, but the Metolius Protection Act has now passed the full Oregon Legislature (31-28) and is on its way to the Governor's desk to be signed into law. A full update will follow soon with details on what this means and how the vote came down.
For those of you that haven't heard, House Bill 2228 to save the Skyline Forest has also passed the full Legislature. We've put tremendous effort into each of these bills and will be back with more details soon.
This is a proud moment for us personally, and for all of Central Oregon. Thanks to everyone who made this happen!
Note: The April 7th hearing was attended by far more people than had the opportunity to testify. A followup hearing is scheduled from 3pm-5pm on Thursday April 9th in Hearing Room E before the House Land Use Committee.
If you signed up on Tuesday and didn't get a chance to speak, we'd encourage you to attend Thursday's hearing and express your support for HB 3100. If you could not attend Tuesday's hearing, but can attend Thursday's hearing, this is your chance to be heard on this important issue. Please read the rest of this alert for important information on this issue.
Today, Representative Brian Clem, Representative Ben Cannon, and a host of additional House members introduced HB 3100, The Metolius Protection Act of 2009. This landmark legislation will provide the strongest protections to date to preserve this Oregon treasure from both current and future threats.
LandWatch on January 14, 2009 filed a Protest with the Oregon Water Resources Department, opposing OWRD's proposed water permit for the Ponderosa Land & Cattle Co. which plans to build a destination resort just a few miles east of the Headwaters of the Metolius.
The Oregon Supreme Court on December 24, 2008, accepted the Petition for Review of Central Oregon LandWatch, Friends of the Metolius, and Pete Schay and agreed to review the Oregon Court of Appeals decision that land use protections of the Headwaters of the Metolius do not include the spring water that feeds the Headwaters. In the press release announcing its acceptance of the Petition, the Court stated:
LandWatch and Friends of the Metolius (FOM) filed their opening brief to the Oregon Court of Appeals on March 24, arguing that the approval of destination resort zones around the Metolius is improper.
When Governor Kulongoski submitted a letter to Diane Rosenbaum, Chair of the House Rules Committee, on June 22nd of last year, in what amounted to a veto of Senate Bill 30, he did so because he remained unconvinced that the state's land use system wasn't up to the task of protecting the Metolius Basin from the impacts of destination resorts. His appeal was to let the process play itself out.
When the Oregonian published an editorial on June 10th titled, "Yes, This River Must Be saved," that paper's editorial board asked whether Oregon could protect the precious Metolius River without subverting its land-use system and water laws.
Earlier this week, after receiving a State Land Use Board of Appeals decision (attached below), and a letter from the Governor's office, LandWatch's longstanding assertion that the state lacks clear authority to protect the Metolius and its basin and that new solutions are needed was confirmed.
HeadWaters Economics, who also just released this study on the potential economic impacts of a Badlands Wilderness east of Bend, has also released a new study on the potential for future development on fire-prone lands and the implications on future fire-fighting costs. The report, which addresses fire risk throughout the west, also as a section on Oregon.