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Puget Island Ferry deckhand Shawn Mace closes a barrier as the ferry leaves Westport, Ore. Oregon recently chargd Wahkiakum County, which operates the ferry, a $750 fee for crossing the riverbed on the Oregon side of the Columbia River. Bill Wagner / The Daily News

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Oregon presses Wahkiakum County for $750 ferry fee

Monday, April 7, 2008 1:17 AM PDT

By Tony Lystra

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Eighteen times each day, the Wahkiakum ferry glides above Oregon territory submerged deep beneath the Columbia River. The ferry has been making the trip since the 1960s, and the state of Oregon, Wahkiakum County officials said, has never quibbled.

That is, until last summer, when the Oregon Department of State Lands began sending letters to Wahkiakum County laying claim to the riverbed. Late last month, the agency forced the county to cough up $750, which allows the ferry to legally cross through its territory.

Wahkiakum officials are outraged. They say it's a classic case of bureaucracy run amok, and they question whether Oregon even has jurisdiction to charge the county to use the land. Why, they wonder, has Oregon bothered to press a tiny, rural county repeatedly for a mere $750?

"The whole thing is just weird," said Pete Ringen, who directs the county's public works department. "We've been operating this ferry for several decades and now they're going to start charging us to do that."

County commissioner George Trott wrote a letter to the state late last month, accusing it of "picking the pockets" of a tiny, rural county for no good reason and failing to participate in an important transportation program that benefits Oregonians.

"In my opinion, it is a sad state of affairs when one of the states in the United States of America preys upon a small local government agency in a bordering state to line its coffers," Trott said in his letter.

The $750 fee certainly won't bankrupt the county, officials acknowledged. But it's the principle, they said. The county is strapped, largely because the timber revenues it depends on have been locked up to protect the marbled murrelet, an endangered shorebird. The county has laid off workers and is struggling to keep its existing programs operating.

Julie Curtis, a spokeswoman for the Oregon Department of State Lands, said that in the 1990s, the state's land board, which oversees the agency and is made up of the governor, secretary of state and treasurer, ordered that all submerged territory be brought into compliance with state laws. That means charging for an easement to cross above them, she said.

Since, she said, the agency has been "systematically going waterway by waterway," to make sure the fees are being collected.

"We have recently noticed that this use was not under authorization," she said.

Revenues from the program, Curtis said, are channeled into a fund of more than $1 billion to benefit Oregon schools. She said her agency is sympathetic to the county's economic plight, but the law is the law. And the $750, she said, will grant Wahkiakum County permission to use the territory for 30 years. "So really, it's not over those years an undue burden," she said.

Still, Wahkiakum officials note that Oregon residents use the ferry regularly, and yet the state doesn't pay a dime for the ferry's operation. That, officials said, has been left to the state of Washington and Wahkiakum County.

In his letter, Trott said Oregon officials were sending letters demanding the fee as the county was recovering from December's flooding, a nationally declared disaster. He also pointed out that the flooding and mudslides had shut down Highway 30 in Oregon and that Oregon residents had relied on the ferry to get to and from work. Oregon's transportation department compensated the county during that time, but the deal amounted to a one-time arrangement, Trott said.

"Why doesn't the state of Oregon contribute to the regular cost of operation of the ferry instead of charging us for providing a needed transportation service?" Trott asked in his letter. "Now, after decades of getting a free ride in this arrangement, it appears the state of Oregon wants to come along and pick the pockets of this small, struggling Washington county."

Trott suggested he and his fellow commissioners would consider charging those with Oregon license plates extra to ride the ferry, but said in a later interview that he was only being sardonic to make a point.

In his letter's conclusion, he said it was with "a sense of sad resignation" that the county enclosed the $750 check.

Ringen wondered late last week whether Oregon even has jurisdiction over the territory it's claimed. The ferry, which can carry a dozen cars, crosses between Puget Island on the Washington side and Westport on the Oregon side. The easement granted by the state, Ringen said, is about 450 feet wide and extends from the Oregon shoreline to the shipping channel near the mouth of the Westport slough.

Ringen said he isn't an expert in maritime law, but the way he understands it, states can't restrict commerce in waters that are influenced by coastal tides, such as the Columbia River. He said the county wasn't about to hire an expensive attorney to fight a $750 fee. But, he said, "We think they're in error. ... We think that they're outside of their jurisdiction."

Curtis, the Oregon Department of Lands spokeswoman, said Oregon has controlled the riverbed since it became a state. The federal government does regulate tidally influenced waters, but in this case, she said, Oregon owns them.

The state of Washington doesn't charge Wahkiakum County a fee to cross above its riverbed. But Scott Robinson, of the Department of Natural Resources, said the county may have to pay for a lease if it follows through with plans to expand its terminal dock on the Washington side of the river.

Ringen said even that is too much.

"We keep getting dinged for these charges from higher levels of government," he said. "They don't realize we're out of money. We're out of people. We're out of time. We can't do all this."

Shame on you Oregon wrote on Apr 7, 2008 2:29 AM:

" What a load , Oregon owns the river bed. If thats the case then pony up for fixing the rainier bridge Oregon you can own your part of that as well as the rest of the bridges in the river.
I think we will charge oregon fishermen for being on our side of the river. Does any one see how stupid this can get? I hope so. Oregon you are slime balls. For the schools LOL.
Do you also charge all the ships going up river? "

bluE wrote on Apr 7, 2008 3:32 AM:

" SHAME ON YOU OREGON! "

duh wrote on Apr 7, 2008 6:20 AM:

" The state of oregon can claim ownership,but any vessel has right of use to mean high tide on a navigatable waterway. "

Scott wrote on Apr 7, 2008 7:05 AM:

" A sad case, in an election year noless, of beauracracy run amok. While it may be sarcastic to say "let's charge Oregonians a higher use fee", perhaps that would tick off the Oregon voters enough to encourage a change in their governments actions. "

WHITEY wrote on Apr 7, 2008 7:27 AM:

" Why don't you mules just charge your friendly neighbors to the south a usage surcharge of twentyfive cents per trip. I'm sure you'll more than make up for the $750.00 they want for thirty years! "

Yippy ki ay wrote on Apr 7, 2008 7:31 AM:

" I lived in oregon for 20 yrs, and got the hell outa there,that hole state is weird!!!! "

wow wrote on Apr 7, 2008 7:35 AM:

" Oregon continues to suck as a state to live in...what a screwed up bunch of politicians. What will be next??? "

Bob wrote on Apr 7, 2008 7:38 AM:

" Maybe it's time for the citizens on both sides of he river to demand that both states contribute to a bridge across the river in this location. Oregon officials can be so greedy!!! "

Citizen wrote on Apr 7, 2008 8:00 AM:

" I can't help wonder what bonehead came up with this idea. The fact remains if you acquiesce to taxation ONCE, even for a very small amount, you allow that agency the legal power to continue taxation. You have recognized their jurisdiction.

My advice is to ignore the letter. Put it in the shredder.

You can also have a community hall meeting in Wahkiakum County to discuss charging a toll to Oregon residents. Perhaps THEY can see their way to get THEIR jurisdiction to shut up and go away. "

stink wrote on Apr 7, 2008 8:06 AM:

" I like Whitey's thinking. Charge all Oregon residents $3 more each way!! That will recoup the dollars for Wahki Co. "

Yippy ki ay wrote on Apr 7, 2008 8:11 AM:

" Just maybe the state of washington should charge the state of oregon a fee to let thier school teachers,(Rainier),to cross over to longview with a minor to engage in illegal sex! "

Concerned Citizen wrote on Apr 7, 2008 8:24 AM:

" Does this even make sense? Doesn't Oregon recall how many times that ferry has saved travelers who would have been stuck due to landslides, snow, and wrecks? This is pathetic. If Oregon wants $750 to use its riverbed, then they will need to pay for the upkeep of the ferry, and or have Oregonians pay a lot more to cross the river. "

Spend Spend Spend wrote on Apr 7, 2008 8:28 AM:

" Just Imagine how much of OUR money both counties and states have spent and will sped over this 750 bucks. Letters back and forth, hours of work by researchers and government employees to fight each other, when their real job is to fight for taxpayers. Sounds like Job security. "

kiki wrote on Apr 7, 2008 8:34 AM:

" I am sad that Oregon can't see the benefits to this ferry for their people, but I guess in government it is never about that people :( "

Simple Cure wrote on Apr 7, 2008 8:46 AM:

" Oregon STATE is picking on a county govt?? Simple fix. Washington state pays the $750 fee for the county, the moves a law stating that Oregon residents now have to pay Washington state sales tax. Shouldn't take long to make that $750 back that way. "

Being Stupid wrote on Apr 7, 2008 8:48 AM:

" When it comes to being stupid, it seems that the west coast states are in constant competition with each other to see who can be the most stupid, Calfornia first, Oregon second and Washington third. We must be the laughing stock to the rest of the country. "

Logic wrote on Apr 7, 2008 8:50 AM:

" Oregon should pay for half of all costs, then receive half of all income. That would be fair to all. "

Wack-ee-ackum wrote on Apr 7, 2008 8:53 AM:

" Just walk-up-n-kickem' mules.

This is beaucracy at it's best right here. I would have shredded the document and went on with life. If they wanted to continue to squeeze the meer $750 out of that county, then the next step would have been to charge extra for Oregonian plates.

It's BS to sit here and think they don't put a dime into the ferry system's maintenaince then want to charge us? Obviously we know who the greedy is in this situation. Go fly a kite Oregon, and don't let it cross into our air space or we may have to charge ya! "

I am more concerned with the fact wrote on Apr 7, 2008 8:59 AM:

" that a stupid bird is once again used a legit reason to cease logging from being profitable. The planet of the apes is upon us!!!!!! The Queen ape sits in The Capital.. "

Easy Fix wrote on Apr 7, 2008 9:05 AM:

" Just shut the ferry down for good and build a toll bridge.That ferry not a money maker any way.You pay $3 to cross the river.Will that pay 2 county worker wages every hr and fuel maintenance ? 50% of the time it's empty any way.Build a bridge now and quit wasting the tax payer money! "

When?? wrote on Apr 7, 2008 9:05 AM:

" So when will Oregon start charging the airlines for using the air space over their state? I agree with those saying that we should start charging Oregonians more money to use the ferry or better yet lets just not allow any vehicles with Oregon plates to use the ferry at all.Come on Oregon think about what you have started by doing this or is that your plan to have bad relations with Washington? "

Oregon Resident wrote on Apr 7, 2008 9:23 AM:

" Here's an idea. If we (the state of Oregon) want to charge $750, then by all means place a surcharge on our residents, but make it more affordable. If you charge even a 25 cent premium to us, then you should make up the fee and be able to start a fund to help with engine repair and other issues. "

Cheech wrote on Apr 7, 2008 9:33 AM:

" If they don't charge the oregon people i guess the wahkiaum tax payer will have to pay in there land tax's.Look's like they will be going up again and again and again.Thank again oregon. "

Washingtonian wrote on Apr 7, 2008 9:37 AM:

" And another thing, Oregonians cant drive either! I think its time to invade! "

Wack-ee-ackum wrote on Apr 7, 2008 9:45 AM:

" If we charged Oregonian tax payers a nickel for each time they done something stupid on our roads, we wouldn't have a problem with paying the $750 they want. We'd have the extra money. :D "

Bob wrote on Apr 7, 2008 9:46 AM:

" The idea of changing the law to make Oregonians pay sales tax could backfire when Oregonians stop shopping in Washington. How about the Washingtonians that shop in Oregon, maybe we should require Oregon to collect sales tax on sales to Washingtonians and remit it to Washington. What a bureaucracy that could feed on both sides of the river. Also perhaps Washingtonians who work in Oregon and pay income tax there should not have to pay Washington sales tax? Again, Oregon is the greedy state as the system now works collecting income tax from Oregonians that work in Washington. "

Unclear law wrote on Apr 7, 2008 10:50 AM:

" I don't think they can legally charge for using the water. Then all boats would need to pay. Technically, the river is a public highway, but I think if the dock in connected to the shoreline or bed of the river, then they might have a case (however misguided). How 'bout a land -use lawer weigh in on the debate. "

POPEYEDOG wrote on Apr 7, 2008 10:57 AM:

" OMG! LET'S START CHARGING OREGON CUSTOMERS SALES TAX WHEN THEY SHOP IN LONGVIEW! THAT WAY THE COUNTY OF WAHKIAKUM CAN PAY THE FEE. "

Shelly wrote on Apr 7, 2008 10:57 AM:

" So is Oregon saying that anytime we take our boat into the slough for a day trip, that we are subject to a fine for using there water way now how messed up is that. Just goes to show our hard earn tax dallors hard at work. to sit around and think of ways to take a little more from the little guy. Because you know who is going to have to pay in the end is the ones that have to ride the ferry twice a day to go to and from work. I dont ride the ferry that much But t is nice to know that if I need it its there. and how about when SR 4 or Hwy 30 is shut down the ferry runs for free for the convenence of the public. "

BACKATCHA wrote on Apr 7, 2008 11:01 AM:

" Perhaps we should charge every ship headed to unload in the Port of Portland a fee for using the Cathlamet Channel. Any takers? "

Oreeee-gon wrote on Apr 7, 2008 11:11 AM:

" This whole thing is just plain stupid. "

Fencepost wrote on Apr 7, 2008 11:18 AM:

" I think TDN needs to do an audit. Has the State of WA purchased an easement for the L&C bridge? How about the tugboat operators? How about commercial fisherman? The sport fisherman? The eco-warrior kayakers? Have they all purchase easements to use the waterspace above the state-owned lands? Whatever happened to the part of the U. S. Constitution that states "No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another."??? "

gimpy wrote on Apr 7, 2008 11:22 AM:

" Okay, let's get serious here. The Oregon State Lands Board has the say-so as to whether Bradwood Landing can build on any land that is covered with water, such as the old millpond on that site. I hope they give it the same consideration as they have given the ferry. Now DNR should get tough and tell Oregon and Bradwood that they can't dredge the WA portion of the river bed and can't dispose of the dredge spoils on WA soil. What's sauce for the goose is sauce for the gander. "

Wild Ride wrote on Apr 7, 2008 11:24 AM:

" Here's a solution: only take the Oregon cars halfway across the river. "

Pro active Oregonian wrote on Apr 7, 2008 11:25 AM:

" I am calling today to complain, this is the stupidest thing I have ever heard from the dead heads that are unfortunately allowed to make decisions. I am glad this has come to light. Often they try to fly under the radar. Thanks to all involved in bringing this out! "

Unbelievable!!! wrote on Apr 7, 2008 11:37 AM:

" The County should not have paid the $750.00.

The County has attorneys on staff to handle matters such as this, so why would the County need to hire an expensive attorney?

The County has the right to use the water way, but it gets tricky and fact dependent on the Oregon landing.

The fees need to be increased on the ferry and a surcharge needs to be added. Those who use the ferry should be paying for it. "

gary wrote on Apr 7, 2008 11:41 AM:

" It just isnt the ferry landing on the Ore side that the states trying to bleed, even the store owners in Clat. whose property extends over the rivers edge, yes you owe us money. Im a native Ore. and will be glad the day I move out. "

Ruth wrote on Apr 7, 2008 11:51 AM:

" The amount of money is really small but the idea is gigantically stupid, "

It's all about Wauna wrote on Apr 7, 2008 12:00 PM:

" Without the ferry the Wauna workers would have to communute 50 miles and wouldn't live in Cathlamet. That would hurt their tax base in Wahkiakum County. That ferry is pretty important and so is the Lewis and Clark so why doesn't Oregon pay anything for either? "

Oregonian wrote on Apr 7, 2008 12:01 PM:

" I see alot of comments on here about how stupid Oregonians, are. WE the little people didn't have anything to do with this decision, it was higher up than us. So why don't you quite b****ing about us.. Remember alot of us come over to your towns and spend our $$ in your grocery stores, locally owned business. We can boycott coming to Lonview for our errands and spend our money in our state if you'd like..
LEAVE THE LITTLE PEOPLE OUT OF THIS!! Remember we are neighbors "

Ruth wrote on Apr 7, 2008 12:40 PM:

" I believe the ferry landing in Oregon is owned by Clatsop County, at least they are the ones that maintain it. The problem is that the people that make these decisions are state employees. They have this high PERS insurance that pays them higher than working wages when they retire. They need to keep the system from going broke. The best solution would be to privatize as many state services as is possible. "

gatoraid wrote on Apr 7, 2008 12:41 PM:

" Well, Wahkiakum County "officials", you now know what we taxpayers feel when the government imposes "just a little" tax increase. "

pony up oregon wrote on Apr 7, 2008 12:47 PM:

" If the U. S. Constitution spells it out, that Oregon is wrong , then why the hell did they get paid?
I say make them pay washington sale tax just like we do.

TDN your stupid [ 1 ] is still broke!!!
FIX IT, Please. "

disgusted Oregonian wrote on Apr 7, 2008 12:55 PM:

" This is ludicrous. What's next: Charging Washington rental fees because THEIR bridge is taking up space on OUR half of the river?? Isn't it bad enough that Oregon is double dipping by taking income taxes from Washingtonians who work in Oregon (people who can't use our schools, healthcare system or other services, can't vote in our elections and have no say in how their taxes are used) AND from Oregonians who work in Washington (who ARE eligible to vote & benefit from services & therefore should pay as much as other Oregonians)? Oregonians are exempted from paying WA sales tax by a state that knows how to play fair. How long can we expect Washingtonians to have patience with the corrupt, greedy, unethical government on this side of the river? Oregon voters, educate yourselves & start voting intelligently. Quit voting for incumbents just because they have familiar-sounding names. It's high time we did some housecleaning around here. "

Paul wrote on Apr 7, 2008 12:57 PM:

" On 26 August 1937, Westport Slough was declared a federal navigation channel under the Rivers & Harbors Act. If the Oregon Department of State Lands can attach jurisdiction over a federal navigation channel, will the main stem of the Columbia River be next? "

How can they get away with it? wrote on Apr 7, 2008 1:19 PM:

" isn't taxation without representation illegal? How can Oregon continue to get away with taking money away from people who have no say in how their money will be spent & no right to use the services THEY helped pay for? "

Screwed over Oregonian wrote on Apr 7, 2008 1:43 PM:

" Remember folks, this is the State or Oregon doing this stupid, stupid stuff and it isn't just to Wahkiakum County. Come to Clatskanie where all the businesses along the river have been sent threatening letters by the same DSL jerks. They want paid to lease pilings in the Clatskanie River, even though our deeds all say we own to the center of the river. We have talked to our State Senator and Representatives and so far have not made any progress in stopping this land extortion. I hope you guys fight this to the bitter end on the principle. "

re: wild ride wrote on Apr 7, 2008 1:59 PM:

" Hey, thanks for my "chuckle for the day"......... you do have a good point!!!! "

country gal wrote on Apr 7, 2008 2:05 PM:

" "the law is the law"? "agency is sympathetic"? What a bunch of cow's manure! "

It's only a matter of time... wrote on Apr 7, 2008 2:07 PM:

" ...until the Oregon Department of Transportation attaches a $750 "easement fee" on every commercial vehicle registration and charges out-of-state truckers the same at the border. After all, what's the difference between state-owned land under the river and state-owned land under concrete and asphalt? "

Think you own land? wrote on Apr 7, 2008 2:08 PM:

" Just stop paying your taxe$ and you'll find out who owns it. "

You Know...... wrote on Apr 7, 2008 2:32 PM:

" I wonder how many Washintonians use the ferry to go to work in Oregone, and pay Oregone state tax. If the ferry wasn't there, I bet Oregone would be out a whole lot more than $750. Our government is no longer "by the people, for the people". What we have is government that comes at the people, and we have allowed it to happen. We will now watch our government as change looms around the corner. When Hillary, or Hussein Obama become President, we will look at this little incident, and wish this was the only problem we have. Hold on to your pocket books folks, the dems are gonna stick it to the rich. The rich will be defined as anyone who has a job!!! "

RE: Orgoonian wrote on Apr 7, 2008 2:36 PM:

" Please stay in oregon to shop your patronage will not be missed.Its you the little people who put these wacko lefty flower sniffin whiney liberals in office. "

UW PSE wrote on Apr 7, 2008 3:46 PM:

" Just have a WDFW or sheriff boat out on the river during salmon season and charge every boat with Oregon tags $5 to be on the Washington side. Not only would we easily make up the $750, but we'd free up some room in the hog lines for Washington fishermen. "

Charge them wrote on Apr 7, 2008 3:49 PM:

" Set up a toll on the Lewis & Clark Bridge near it's Washington landing. On Sundays between 3:17pm and 4:33pm, charge Washington cars a penny, and Oregon cars a dollar to cross. "

Hey wrote on Apr 7, 2008 4:31 PM:

" Is it too late to stop payment on this check?!!! "

Judge wrote on Apr 7, 2008 5:11 PM:

" Take it to Judge Judy!!! "

Heya Oar-e-gone wrote on Apr 7, 2008 5:26 PM:

" I know where you can put your $750 - !! Wanna guess? "

Sales Tax wrote on Apr 7, 2008 6:01 PM:

" And start charging the Oregon slugs sales tax for purchases made in Washington. They drive on our roads to get here don't they? "

Auburnguy wrote on Apr 7, 2008 6:33 PM:

" Nearly akin to Piracy! That ferry carries more than a few Washingtonians across to spend $ in Astoria and / or the Oregon coast. Probably spending average of At Least $750 per family! "

Dry Dock It wrote on Apr 7, 2008 7:39 PM:

" They might has well dry dock the ferry. I bet they lose over $750 a DAY any way.Paying 2 employee and fuel.2 people a hr ride it if there lucky.Like it's a money maker. NOT!!! "

She sez wrote on Apr 7, 2008 8:40 PM:

" I agree that the whole who ownes that water thing is crazy. Both states would loose with out the ferry. And what about that good looking guy in the picture?! "

Fencepost wrote on Apr 8, 2008 7:51 AM:

" I've heard that the $3 fee for the ferry doesn't even begin to pay the salaries of the ferry employees, let alone the ongoing maintenance and operations costs. To make the users pay the full cost of running the ferry, they'd probably have to charge $10 or $15 each trip; then you'd see a drop off on ridership. As it is, $3 is probably the rate at which revenues are maximized. "

Oregon Resident Part 2 wrote on Apr 8, 2008 4:07 PM:

" It's sad to me that so many of you seem to need to make this an issue between state residents rather than state governments. Neither of us has more Id!otic (thanks TDN censors) drivers than the other. As a truck driver I see both in state and out of state plates on both sides of the river. Most drivers are OK, some drive like (isert suitable word here, TDN censors again). Just because we live in Oregon does not make us slugs or "whiny liberals" or any such idiocy. I suggested a surcharge on Oregon cars and I stand by it. If that does not work, try shutting down the ferry until Oregon decided to refund the money. That way businesses on both sides will suffer, people will lose their jobs because they can not afford to get to work. Families will lose their homes and children will go hungry. Will that satisfy you all? Or maybe instead of all the name calling you might actually want to come up with something constructive instead. "

Fencepost wrote on Apr 9, 2008 7:47 AM:

" As the letter writer wrote in the Letters to the Editor, if the State of Oregon is going to demand a fee for the use of the river and Westport Slough, then the State of Oregon must maintain the slough to the standards provided by the 1937 act of Congress which deemed it a federal navigation channel. Of course, being a Washington resident, Oregon doesn't have to listen to me. "

turn it on Oregon wrote on Apr 21, 2008 8:10 AM:

" Wahkiakum County will need to charge Oregon for bringing Oregonians to Washington. Afterall, Washington does not tax income so the extra funds from Oregon could offset what Oregon charges, but - flipside - if these rival taxes are passed on to the public, riders of the ferry will pay too much to travel the ferry. Another option, close it. "

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