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Gaining access

I am seeking help with some liability issues we are facing here in the Lake Chelan Valley. I am currently a member of a Recreation Working Group dealing with the development of enhancement measures on a hydroelectric project which is undergoing their relicensing effor with the federal government. The license, when and if granted, will allow the utility another 50 years of operation of this hydroelectric project.

Built in 1928, the Lake Chelan Dam, (http://www.pud.org.),diverts water for power generation through a 2-mile long penstock leaving what was the Chelan River a dry bypass reach. This is the shortest river in Washington at 4.1 miles and has a section called the Chelan Gorge which I am trying to get the PUD to open up for Canyoneering. Following is a short description of this gorge:

Section 3. “This is the gorge section of the Chelan River. Section 3 is 0.38 miles long and is characterized by a steep gradient (9%) channel which is located in a narrow canyon confined by steep bedrock walls. The river channel becomes as narrow as 15 feet to 20 feet wide through the gorge section. The high velocities produced in this steep and narrow canyon flush through all bed materials except for large boulders.”

While extremely short, this section offers some extremely beautiful geology with small pools of water which would have to be waded or swum through, and boulders as large as houses to negotiate around or over. There are also up to five 15-20 foot waterfalls (dry most of the year) in the section. In other words, it is an adventure hike which could be used as one more recreational amenity in our valley.

The problem of liability has raised its head with American Whitewater, who have been requesting that the river gorge be used for whitewater kayaking during controlled spill regimes. The PUD is concerned with the liabilty issues and is balking. The on-water testing of this Class V water will take place in June, but without the liability issue cleared up, the chances of the river ever being opened to kayaking or other recreational pursuits is minimal.

My question is whether or not anyone has faced the same type of issue in other areas of the U.S., Canada or the World.

Thank you in advance for your replies.

Richard Uhlhorn

Message Details

AuthorRichard Uhlhorn
DateMay 30, 2000
Discussion2 replies
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  • Richard Uhlhorn

    Charly – Thanks for the information. I’m aware of the Georgia kayaking issue and have an article. Everyone at the PUD is also aware of the situation. Unfortunately, the problem in Washington State is a Recreation Immunity law that has language in it that in essence says, “If you change conditions (which they would for the kayakers), the Recreational Immunity law is null and void.” Which opens the situation up to lawsuits. We are hoping that FERC (Federal Energy Regulatory Commission)will order the PUD to open the river to kayaking and other recreational pursuits like Canyoneering like they did in Georgia and elsewhere. Thanks again. I’ll contact those contacts and find out more. Rich

    In canyons@egroups.com, “Richard Uhlhorn” wrote: > I am seeking help with some liability issues we are facing here in > the Lake Chelan Valley. I am currently a member of a Recreation > Working Group dealing with the development of enhancement measures on > a hydroelectric project which is undergoing their relicensing effor > with the federal government. The license, when and if granted, will > allow the utility another 50 years of operation of this hydroelectric > project.

    > Section 3. “This is the gorge section of the Chelan River. Section > 3 > is 0.38 miles long and is characterized by a steep gradient (9%) > channel which is located in a narrow canyon confined by steep bedrock > walls. The river channel becomes as narrow as 15 feet to 20 feet > wide > through the gorge section. The high velocities produced in this > steep > and narrow canyon flush through all bed materials except for large > boulders.”

    While extremely short, this section offers some extremely beautiful > geology with small pools of water which would have to be waded or > swum > through, and boulders as large as houses to negotiate around or over. > There are also up to five 15-20 foot waterfalls (dry most of the > year) > in the section. In other words, it is an adventure hike which could > be > used as one more recreational amenity in our valley.

    The problem of liability has raised its head with American > Whitewater, > who have been requesting that the river gorge be used for whitewater > kayaking during controlled spill regimes. The PUD is concerned with > the liabilty issues and is balking. The on-water testing of this > Class > V water will take place in June, but without the liability issue > cleared up, the chances of the river ever being opened to kayaking or > other recreational pursuits is minimal.

    My question is whether or not anyone has faced the same type of issue > in other areas of the U.S., Canada or the World.

    Thank you in advance for your replies.

    Richard Uhlhorn

  • Charly Oliver

    Richard,   I know there were similar issues in the Tahlulla Gorge in North Georgia. Kayakers successfully negotiated access (though limited) and are now able to enjoy running the Tahlulla. You should be able to get more details by contacting either the Nantahala Outdoor Center in Bryson City NC 704 488 2175 or Chris Watford at Call of the Wild in Roswell GA 404 992 5400.   Good luck.   Charly Oliver —–Original Message—–
    From: Richard Uhlhorn [mailto:fabricdi@televar.com]
    Sent: Tuesday, May 30, 2000 11:05 AM
    To: canyons@egroups.com
    Subject: [canyons] Gaining access

    I am seeking help with some liability issues we are facing here in
    the Lake Chelan Valley. I am currently a member of a Recreation
    Working Group dealing with the development of enhancement measures on
    a hydroelectric project which is undergoing their relicensing effor
    with the federal government. The license, when and if granted, will
    allow the utility another 50 years of operation of this hydroelectric
    project.

    Built in 1928, the Lake Chelan Dam, (http://www.pud.org.),diverts
    water for power generation through a 2-mile long penstock leaving
    what
    was the Chelan River a dry bypass reach. This is the shortest river
    in
    Washington at 4.1 miles and has a section called the Chelan Gorge
    which I am trying to get the PUD to open up for Canyoneering.
    Following is a short description of this gorge:

    Section 3.  “This is the gorge section of the Chelan River.  Section
    3
    is 0.38 miles long and is characterized by a steep gradient (9%)
    channel which is located in a narrow canyon confined by steep bedrock
    walls.  The river channel becomes as narrow as 15 feet to 20 feet
    wide
    through the gorge section.  The high velocities produced in this
    steep
    and narrow canyon flush through all bed materials except for large
    boulders.”

    While extremely short, this section offers some extremely beautiful
    geology with small pools of water which would have to be waded or
    swum
    through, and boulders as large as houses to negotiate around or over.
    There are also up to five 15-20 foot waterfalls (dry most of the
    year)
    in the section. In other words, it is an adventure hike which could
    be
    used as one more recreational amenity in our valley.

    The problem of liability has raised its head with American
    Whitewater,
    who have been requesting that the river gorge be used for whitewater
    kayaking during controlled spill regimes.  The PUD is concerned with
    the liabilty issues and is balking. The on-water testing of this
    Class
    V water will take place in June, but without the liability issue
    cleared up, the chances of the river ever being opened to kayaking or
    other recreational pursuits is minimal. 

    My question is whether or not anyone has faced the same type of issue
    in other areas of the U.S., Canada or the World.

    Thank you in advance for your replies.

    Richard Uhlhorn

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