Though the Oregon Land Use Board of Appeals (LUBA) in a February 11, 2008 decision acknowledged that destination resorts proposed for the Metolius area could have the impact of small cities and ruled that Jefferson County needed to reassess impacts to wildlife, LUBA failed to recognize the need for protection of other natural resources of the Metolius, including its heart, the Headwaters of the Metolius.

On Monday, March 3, Central Oregon LandWatch along with Friends of the Metolius appealed to the Oregon Court of Appeals the LUBA determinations that:

1. the protection of the Headwaters of the Metolius under Oregon’s land use laws does not include the water of the springs which could be impacted by groundwater withdrawals of the destination resorts;
2. Jefferson County’s 27-year old inventory of protected natural resources need not be updated before destination resorts can be sited around the Metolius area; and
3. the County’s minimal consideration of dwelling fire safety standards satisfies the need to assess fire natural disaster impacts from siting destination resorts in the Metolius area forest

Additionally, Central Oregon LandWatch is appealing another LUBA decision of February 11 in which LUBA approved Jefferson County’s allowance of greater partitioning and residential development in forest and range lands throughout the County. Such additional new development would compound the impacts of destination resorts in the area. Again, the County relied on an outdated natural resource inventory, failed to properly assess impacts of all the additional development and didn’t adequately consider fire natural disaster impacts.

Central Oregon LandWatch will file its briefs on March 24, the destination resort developers and the County will file their briefs on April 21, oral argument will be held soon thereafter, and a decision from the Court of Appeals could come in August.