Oregon Proposed to Stop Mining in "Scenic" Waterways

November 21, 2005

Oregon proposes to stop mining in "scenic" waterways

(This information will be appearing in the Legislative and Regulatory Update column of our upcoming December 2005 issue. Due to the time-sensitive nature, we are publishing it here first so interested parties can attend one of the two scheduled meetings.)

•Oregon proposes to stop mining in “scenic” waterways

A notice sent out by Oregon Department of State Lands assistant director John Lilly stated that the agency is proposing to prevent placer mining in waters designated as “scenic.”

According to Lilly, the Oregon legislature ordered the agency to complete a review of Scenic Waterway Removal-Fill Permit rules by December 31, 2005. If the review is not completed by this date, dredge permits for scenic waterways would no longer be valid per Sections 3 & 4, chapter 499, Oregon Laws 2001.

Instead of emphasizing the benefits of dredging, including the redistribution of food for aquatic organisms and fish and the removal of mercury, the Oregon Department of State Lands proposes repealing the provisions that allow placer mining in all scenic waterways.

Current scenic waterways include portions of the Clackamas, Deschutes, Upper Deschutes, Illinois, John Day, Owyhee, Rogue, Sandy, the North Fork of the Middle Fork of the Willamette, Little North Fork of the Santiam, and all of the Minam River. Under the proposal, it appears that any future scenic waterway designation would also become off-limits.

We are aware this information will arrive too late for most of readers to make the public hearings scheduled for November 28 in Wilsonville and November 30 in Medford; however, many will receive it in time to submit comments. The public comment deadline is December 9, 2005. The text of the proposed rules can be found at www.oregonstatelands.us

Constructive comments can be sent to Nicole Kielsmeier, Administrative Rules Coordinator, Department of State Lands, 775 Summer St. NE, Salem, OR 97310. Fax: (503) 378-4844. Phone: (503) 378-3805.