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Hotel and cable park at Nichols Boat Basin
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isobars



Joined: 12 Dec 1999
Posts: 14486

PostPosted: Thu Sep 22, 2011 8:16 am    Post subject: Reply with quote

Substitute "casino" for "cable park" and see if that doesn't change your thinking a bit, Scott. By that standard I hope to heck that "progress" isn't inevitable, or is at least redefined.

I can think of much worse businesses than a cable park to plop down on the waterfront. This one is out of the wind, is much less of an eyesore than Broughton Disneyland would be, less of a crime magnet than a casino, won't swamp HatchSwell with Gorge WSing novices, will attract some money and jobs to the community for as long as it's commercially viable, is no skin off the taxpayer's teeth, doesn't take up launch space, will provide an incentive to clean up the land and water at the boat basin ... and the developer sounds so sincere! Wink
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puppydog



Joined: 11 Jul 2008
Posts: 86

PostPosted: Thu Sep 22, 2011 8:58 am    Post subject: Reply with quote

its next to freaking malor highway!
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CUSalin



Joined: 11 Mar 2001
Posts: 308
Location: Portland / Hood River, OR

PostPosted: Thu Sep 22, 2011 9:04 am    Post subject: Reply with quote

puppydog wrote:
its next to freaking malor highway!


So is the whole town

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isobars



Joined: 12 Dec 1999
Posts: 14486

PostPosted: Thu Sep 22, 2011 10:21 am    Post subject: Reply with quote

So is most of the river.
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donmcd



Joined: 26 Jul 1999
Posts: 23

PostPosted: Thu Sep 22, 2011 11:19 am    Post subject: Coal on a roll Reply with quote

Shocked
Lot's of opinion about this cable park but nothing about the biggest threat to the Gorge in a long time-
Coal on a Roll. Type it into Google and read the article.


Anyone concerned about the cheap public land coal about to be shipped down the Washington side from Powder Basin in Wyoming to India and China by the sainted Warren Buffet and Bill Gates.
We are talking about trains around the clock carrying the dirtiest fossil fuels mined on cheap public land leases and shipped to where it can be burned without our public health safeguards to cash-rich countries with their own reserves which they will tap later when they have depleted our reserves.
Just try crossing the tracks when rail traffic increases at this level.
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Mulekick84



Joined: 18 Mar 2006
Posts: 346

PostPosted: Thu Sep 22, 2011 12:18 pm    Post subject: Reply with quote

Great Article! Thanks for mentioning this! I just can't imagine more trains, more sidings, more noise, coal dust, etc. etc. Maybe the BNSF would let us launch at McCreedy's or Tbirds again as a trade off! That is such a joke!

I was really surprised about Buffett and Gates involvement in this:

http://www.onearth.org/article/coal-on-a-roll

I'm all for the development of the cable park! Its far better than many of the alternatives!

If you don't like it, don't ride it! The only negative I see is the line to await my next pull on a windless day!

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donmcd



Joined: 26 Jul 1999
Posts: 23

PostPosted: Thu Sep 22, 2011 8:36 pm    Post subject: Reply with quote

Thank for reading my post.
I am afraid that most will not read it or follow the link even though we will have a flurry of complaints when the trains really get rolling through.
Then you will hear "Why didn't any one say anything about this earlier?"
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jota



Joined: 28 Feb 2001
Posts: 183

PostPosted: Thu Sep 22, 2011 9:58 pm    Post subject: Reply with quote

Maybe you should start its own thread so it's not buried on page 14 of a mostly unrelated thread.

Last edited by jota on Thu Sep 22, 2011 11:46 pm; edited 1 time in total
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donmcd



Joined: 26 Jul 1999
Posts: 23

PostPosted: Thu Sep 22, 2011 10:54 pm    Post subject: Reply with quote

Did that right away and now it is buried.
these three threads seem to get all the attention
Subject on thread is "Coal on a Roll"
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phazle5499



Joined: 03 Jul 2006
Posts: 104

PostPosted: Fri Sep 23, 2011 6:35 pm    Post subject: Reply with quote

Here is something to think about in regard to the proposed cable park. Basically, the question is: Can a developer limit access to waters in the boat basin within the scope of Oregon State Law.? This is determined by the Oregon State Law of the Public Trust Doctrine. Below are some features of the law:
____________________________________

Question: What is the Public Trust Doctrine?

Answer: This doctrine of law provides that the State of Oregon holds submerged and submersible land in trust for the benefit of all the people. The general public has a right to fully enjoy these resources for a wide variety of public uses including navigation, commerce, recreation, and fishing

Even where the state granted title to its submerged and submersible land to private individuals, the courts say that the granted lands are still subject to public use under the Public Use Doctrine. The extent to which state action may limit such rights is limited.

Question: Can a person float over the surface of water where the underlying lake or streambed is privately-owned?

Answer: Yes. According to Oregon court cases the waterway may be used by the public for certain purposes if it meets the state test of navigable-for-public-use. Under this public use doctrine, the public may use the waterway if it has the capacity, in terms of length, width and depth, to enable boaters to make successful progress through its waters. Under this doctrine, the public has the right to use waterways for navigation, commerce or recreation, even where the bed is privately-owned, and to make "reasonable, incidental use of the bed and banks
________________________________________________

So, it seems to me that even if the Port of Hood River, in the name of the public, bought the submerged and submersible land in the boat basin and sold it to a private developer, the waters, which enter and exit from the Columbia River, may still be subject to the Oregon State Law concerning the Public Trust Doctrine. Recreational navigation by boat would include canoes, kayaks, sailboats and paddleboards. (today there were 7 paddleboarders and two kayakers in the boat basin when I last looked. Yesterday there was a sailboat navigating around in the boat basin) So the question remains, for me at least, can a developer legally build a cable park in the boat basin and restrict the the rights of the public to the provisions of the Public Use Doctrine??
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