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STLboater
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  Quote STLboater Replybullet Topic: Sunset Falls Put In
    Posted: 08 Oct 2009 at 10:01am
Hey Guys,
I've never put in at Sunset falls to paddle, but it looks like a great way to make the run a bit longer. What are the issues preventing us kayakers from using it as a putin?  Did we piss off a land owner?  Is someone trying to fix this problem?  I'm going to attack this issue as part of my environmental law class, hopefully I can find some legal reasons why we can use this spot.

-Gordon
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  Quote water wacko Replybullet Posted: 08 Oct 2009 at 10:14am

Land past the 'arch', maybe 1/4 mile past Cable Drop, is all private as far back as you can go. Historically people would use the fishladder access point and park in their driveway, but relations dissolved and no one is allowed back there anymore (private as well). Good luck, Gordon. I know the WKC has saved about $20,000 to buy some property for access up there, but it's been awhile since I've heard anything on that. Good luck, bro!

"Don't ask yourself what the world needs. Ask yourself what makes you come alive, and go do that, because what the world needs is people who have come alive." ~Howard Thurman
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  Quote STLboater Replybullet Posted: 08 Oct 2009 at 10:20am
Copper Creek anyone?

Courts have recognized “a public right of access for fishing and navigation to the point of the high water mark,” adding that the public can “cross private property in order to portage around barriers in the water,” but holding that “the right to portage must be accomplished in the least intrusive manner possible.” In addition, federal courts have held that “all navigable rivers” are subject to the federal navigation servitude, and are therefore open to navigation by the public, regardless of state or private ownership of the beds and banks. For example, the Jackson River in Virginia is navigable because, as the court ruled, “canoes can navigate the upper river without trouble except during the late summer, and canoeing experts consider the Jackson to be a very fine canoeing stream, except for troubles with landowners along the river.” Northwest Ordinance of 1787, 1 Stat. 50. Act of May 18, 1796, 1 Stat. 464. The Journals of Lewis and Clark, 1804-1806. Gibbons v. Ogden, 22 U.S. 1, 6 L.ed 23 (1824). Elder v. Delcour, 364 Mo. 835, 269 S.W.2d 17 (1954.) Loving v. Alexander, 548 F.Supp. 1079 (1982).
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  Quote JayB Replybullet Posted: 08 Oct 2009 at 9:31pm
Hey Gordon:

Have you already contacted AW via the local rep? Seems like they might know all of the details or be able to put you in touch with someone that does.


-Jay
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  Quote chipmaney Replybullet Posted: 08 Oct 2009 at 10:30pm
the issue isn't with navigating the river....it's access....you have to cross private property in order to navigate the river....i fear, gordon, that you are going down a legal dead end on this one...

in the meantime, fyi there are a couple of boaters that own property up there. if you want to paddle it, all you have to do is contact them.....in the interest of their privacy, i won't call them out by name. however, one of them is a woman who paddles the sky regularly....
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  Quote STLboater Replybullet Posted: 08 Oct 2009 at 11:36pm
hrmm, maybe I am screwed on Sunset, but I may have a claim to the Copper creek portage.
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  Quote LisaF Replybullet Posted: 09 Oct 2009 at 11:31am
You might be able to get somewhere with the fish people on the N. (river right) side of the Sunset Falls pool. I don't know the last time anyone talked with them, but Tom O'Keefe (with AW) could definitely fill you in.

There is some parking there off Hwy. 2, and it's possible they might let boaters carry down the long driveway and launch -- at least when they're not busy trucking fish upriver.

I think it's worth a look.
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  Quote franzhorner Replybullet Posted: 09 Oct 2009 at 1:23pm
I have run it a few times putting in on both sides of the river.  Every time I did it I had someone drop me off and get the hell out of there.  I always thought once I was on the river they couldn't do anything but I could be wrong.  There are a couple of nice rapids up there and it a damn shame that a nice access point isn't up there for everyone to use. 

The put-in choices for commercial groups on the Sky are crap.  WW uses the cable drop put-in and as a guide for them I bitch and bitch about this.  2 guides have to carry an Avon raft down that damn little narrow trail, twisting and contorting their bodies while the weight of the raft is on your head or shoulders on the thwart.  They say the Index put in is too hard on their boats but who cares about the guides right??

Other groups put-in at the Llama ledge campground which is also a lot of work because the gate is always locked. 

The put-in below the bridge in Index is smaller now and there is now a channel requiring a carry to the river. 

Putting in at the confluence sucks too and you miss a lot of water upstream of either fork.

Someday I hope that local communities will embrace the whitewater community AND industry.  It is absurd to me that West Virginia can lure people to drive 12 hours from New York every spring to raft the New River and we can barely sustain a few companies on the Sky.  More money is made from whitewater than from coal there!!! I'm not trying to say I wish we had thousands of boats on the Sky everyday but it seems to me that around here people DO NOT want others to boat our rivers.  This is especially true if its near their back yard.

I think another problem with the SF access is those people REALLY want their privacy because who knows what the F is going on in some of those places!!!

Sometimes I think people just don't want others to have fun.

It seems to me this is a matter of community support. 

Have you ever been on a trip with a commercial group out east?  Here's what I remember:

I arrived at the facility to find a person greeting me and telling me where to park.  I go to the info booth and they sign me in and tell me where I can camp.  I then am directed to the locker room and shower facility where I can change into my wetsuit and lock up my belongings.  Next we are herded into a bus and we run the river like most operations around here.  At the take out our bus is waiting with a cooler full of beer.  We then get back to the facility where we can SHOWER and change.  Wetsuits are returned and what do you know, there is a bar/eatery right across the driveway from the locker room.  In the bar is the videographer showing the day's films with all the guides hanging out.  You now have the opportunity to tip and buy your videos from the day.   When you are stumbling drunk you can walk down the path to your tent.

In Washington you get a few trees to change behind or maybe some bushes.  You often meet in parking lots and are lucky to even have a Honey bucket for facilities.  After the trip guides awkwardly try to find a decent way to receive tips.  Most clients don't even say anything to their guides before leaving.....

Something ain't right here.....



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  Quote water wacko Replybullet Posted: 09 Oct 2009 at 6:05pm
Also Gordon, you aren't 'portaging' you're 'putting in' which is different.
"Don't ask yourself what the world needs. Ask yourself what makes you come alive, and go do that, because what the world needs is people who have come alive." ~Howard Thurman
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  Quote chipmaney Replybullet Posted: 09 Oct 2009 at 9:52pm
that was my point exactly, brett.  in addition, i agree with franz; the issue seems to be with parking, not necessarily the driving (although you do drive onto private parking and that is technically trespassing).  i have definitely heard of people getting dropped off and boating it without leaving a car at the put-in.
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  Quote water wacko Replybullet Posted: 10 Oct 2009 at 5:57am
either way yer takin' yer life in yer hands goin' up there, skeeter. them's mountain folks...  with banjo's!!
"Don't ask yourself what the world needs. Ask yourself what makes you come alive, and go do that, because what the world needs is people who have come alive." ~Howard Thurman
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  Quote dylan Replybullet Posted: 10 Oct 2009 at 8:11pm
franz's perspective is visionary, at least.

We need a wild sky festival with good people, good music, and good water. 

Who's gonna help us promote this? Rafters, kayakers, musicians, poets, outdoor recreationalists, minimalists, and ravens.

Let's change the industry and the area for the good of the nation.

Save Town Wall.

-D-train
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  Quote franzhorner Replybullet Posted: 11 Oct 2009 at 5:50pm
Are there any places for sale up there??  lets buy it up!
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  Quote LisaF Replybullet Posted: 11 Oct 2009 at 10:28pm
Yes, there are plenty of places for sale up there, and, yes, that would give you access to the "community property" at Sunset Falls. However, be prepared to pay road dues every year, from a couple hundred up to $1000 a year, because it is a private road and someone has to pay for grading, repairing and snowplowing it to keep it open. That's the main reason the community has not opened it up to the public: not because of any "privacy" issues or anything like that; simply because the more cars drive on that road, the more maintenance it needs, and road maintenance is expensive.

The community pays for maintenance on the Forest Service section of the road (from Highway 2 to the Archway) which is open to the public, but only because of a special arrangement with the Forest Service (the FS had to pay hundreds of thousands to repair the road last year after the big slide, you might recall, but day-to-day maintenance is paid by the owners of land in Mt. Index Riversites).

If you're still interested in buying some land up there, I can hook you up with several people who have lots and/or cabins for sale.
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  Quote franzhorner Replybullet Posted: 12 Oct 2009 at 9:58am
How many places are up there in total??

I'm sure something could be arranged with the keepers of that road to get some money from the paddling community to help with the costs in exchange for an access point.  Do you think they would be willing to work on something like that?  I'll bet we could drum a few thousand just from kayakers and private rafters every year to allow boaters a put-in at the base of the falls....Commercial companies I'm sure would be into that as well....
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  Quote LisaF Replybullet Posted: 12 Oct 2009 at 11:57am
Go for it!

There are about 300 property owners. You can find out who to approach for access by visiting the Mt. Index Riversites website and emailing the board president.
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  Quote LisaF Replybullet Posted: 12 Oct 2009 at 11:58am
One more thing: you might mention how they allowed logging trucks to use it last year in return for a generous donation. They REALLY trashed the road!
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  Quote franzhorner Replybullet Posted: 12 Oct 2009 at 12:31pm
Something tells me they might take to loggers more kindly than boaters.  I just read some of the comments on their site and it doesn't seem that they like boaters to much....
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  Quote Travisimo Replybullet Posted: 12 Oct 2009 at 12:58pm
I don't see any comments specifically denouncing boaters... but this one is definately interesting (and has a cool video of Canyon Falls)

"This one is the deadliest.  Fortunately the land on both sides of this waterfall are privately owned."

http://mtindexreporter.com/waterfalls

Their site is here, with a forum...
http://mountindexriversites.com/

H2O please
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  Quote Travisimo Replybullet Posted: 12 Oct 2009 at 1:31pm
Oof.... I also sent a message to the writer of http://mtindexreporter.com/paddle this page to try to soften relationships between us and the residents there.  I also let him know that there are two "Sunset Falls" and the one shown is not on their land...

It is unfortunate that he calls us "A bunch of wild and crazy Kayakers from Professor Paddle's website."

Maybe he'll get back to me, I think I wrote an eloquent request to open a dialogue between responsible paddlers and landowners.

Let's see.... (If anyone wants the full letter, it's longish... PM me)
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  Quote LisaF Replybullet Posted: 12 Oct 2009 at 1:38pm
FYI, people in inner tubes and K-mart rubber rafts seem to accidentally go down Canyon Falls quite frequently -- thus, the video. Many folks have been killed at Canyon Falls in the past, and just last summer a family was prevented from floating down it because a nearby landowner followed them downriver (in her car) and shouted at them until she could tell them it was just downstream!

It's entirely possible the board is worried about liability issues (though, between Sunset Falls and Cable Drop is barely class III at most levels).

BTW, a board member (who is a kayaker) tried to get the board to consider just what you're trying to do a few years back and they said no way -- but most if not all of the people in charge are different now.
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  Quote jP Replybullet Posted: 12 Oct 2009 at 2:45pm
Originally posted by franzhorner

The put-in choices for commercial groups on the Sky are crap...
Someday I hope that local communities will embrace the whitewater community AND industry.  It is absurd to me that West Virginia can lure people to drive 12 hours from New York ...I'm not trying to say I wish we had thousands of boats on the Sky everyday but it seems to me that around here people DO NOT want others to boat our rivers.  This is especially true if its near their back yard.

Sometimes I think people just don't want others to have fun.

It seems to me this is a matter of community support. 

Have you ever been on a trip with a commercial group out east?  Here's what I remember:

I arrived at the facility to find a person greeting me and telling me where to park.  I go to the info booth and they sign me in and tell me where I can camp.  I then am directed to the locker room and shower facility where I can change into my wetsuit and lock up my belongings.  Next we are herded into a bus and we run the river like most operations around here.  At the take out our bus is waiting with a cooler full of beer.  We then get back to the facility where we can SHOWER and change.  Wetsuits are returned and what do you know, there is a bar/eatery right across the driveway from the locker room.  In the bar is the videographer showing the day's films with all the guides hanging out.  You now have the opportunity to tip and buy your videos from the day.   When you are stumbling drunk you can walk down the path to your tent.

In Washington you get a few trees to change behind or maybe some bushes.  You often meet in parking lots and are lucky to even have a Honey bucket for facilities.  After the trip guides awkwardly try to find a decent way to receive tips.  Most clients don't even say anything to their guides before leaving.....

Something ain't right here.....

 
I agree with every word, Franz... But that's a whole other thread (and I think it should continue).
 
As far as the section of river upstream of Sunset, I've paddled it.
I wanted to see Canyon Falls and Sunset Falls myself. I put in below eagle falls and paddled the CLASS II (mostly class I) until I got to Canyon Falls. I portaged Canyon Falls easily and continued to Sunset Falls, portaging it as well.
 
Here's my critique of the locals: A few folks were friendly and genuinely concerned that I may not know what was downstream. Fair enough. When I shouted back and let them know I knew what to expect, they seemed reassured. One guy alongside the R. Right bank even gave me some beta in a very friendly manner. His name may have been Scott and I wish more people were sensible like him. However, Most people responded IRRATIONALLY. They shouted at me. Some were even HOSTILE to me. I understand people with inner tubes have gotten injured or killed there in the past, but this is the 21st century, and kayaking that stretch is not dangerous at all if you are qualified to do so safely.
 
While I understand the concerns of locals who may have witnessed some tragedies back in there, I see it through a darwinian lense. No appologies. All rivers present hazards, and ignorant people will always mangage to get themselves hurt or killed. There are signs posted all over warning of the dangers, and a horizon line is a horizon line.  If you look downstream and see one or see verticlal canyon walls and don't understand what that implies about what's downstream, well, nature will punish you for your ignorance and you should probably stay home on the couch. Afterall, that's the level of sympathy we're all  regarded with when we make mistakes in American society: Parking tickets, DUI's, home foreclosure, whatever. PERSONAL RESPONSIBILITY.
 
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  Quote jP Replybullet Posted: 12 Oct 2009 at 2:48pm
Starting a new thread to address your concerns regarding access on the Sky, Franz....
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  Quote franzhorner Replybullet Posted: 13 Oct 2009 at 8:57am
Originally posted by etive

Oof.... I also sent a message to the writer of http://mtindexreporter.com/paddle this page to try to soften relationships between us and the residents there.  I also let him know that there are two "Sunset Falls" and the one shown is not on their land...

It is unfortunate that he calls us "A bunch of wild and crazy Kayakers from Professor Paddle's website."

Maybe he'll get back to me, I think I wrote an eloquent request to open a dialogue between responsible paddlers and landowners.

Let's see.... (If anyone wants the full letter, it's longish... PM me)


Good.  I would love it so much if the community would work with the boating people.  This place seems pretty hostile to our sport as compared to other places I've been.  Don't they realize the money that they could make off us?  I bet if we took them down the river in a raft their tune might change!!!

I hereby offer free rafting trips, as I can handle them, for anyone living up on the SF Sky!

I'm glad the HH dam has forced the Army corps' hand on the Green...
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  Quote franzhorner Replybullet Posted: 13 Oct 2009 at 1:19pm
Originally posted by IndexRivergirl



BTW, a board member (who is a kayaker) tried to get the board to consider just what you're trying to do a few years back and they said no way -- but most if not all of the people in charge are different now.



I wonder why they said "no way".  I would guess they are afraid of having every Tom Dick and Harry driving up and down their private road.  I can never understand how people think they can "own" access to rivers.  I understand they have a road that they have to maintain themselves and that is a burden.  Why not get the help of the paddling community to pay for that road?  I would guess it was OK for the logging trucks because some of the people up there are probably loggers or at least sympathetic to them.  I doubt you will find much sympathy for boaters because we are usually considered no good to anyone...

Maybe someday this crap will turn around like it is starting to for people who like to ride skateboards.  Nothing really changes until people feel like they can make some money anyway...
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