Jefferson County commissioners are challenging the process used by the Land Conservation and Development Commission in recommending a special designation for the Metolius River Basin.
The countyÕs legal counsel will file an appeal to the Oregon Court of Appeals and the circuit court.
MADRAS — Jefferson County will challenge what it calls the stateÕs unfair and rushed process to recommend a special designation for the Metolius River Basin.
County commissioners voted Wednesday to sue the state Land Conservation and Development Commission.
Last month, the LCDC recommended that the Legislature designate the Metolius River Basin as an Area of Critical State Concern. The decision came after Gov. Ted Kulongoski asked the state commission to ban destination resorts and give special protection to the area. After three months of public hearings and closed-door meetings, the LCDC made a recommendation to move forward with the designation, which would ban large-scale development, including two proposed destination resorts, in the basin.
"We donÕt even know how they came to a lot of their decisions," Jefferson County Commissioner Mike Ahern said of the state officials.
"Their meetings didnÕt have to be public, the subcommittee meetings didnÕt have to be public, there were public documents not available, and weÕre basically going after them on the process," Ahern said. "É We have to follow land use laws with impeccable scrutiny, so the same organization that is checking on us about our land use planning is not held to the same standards — (that) is inappropriate."
The countyÕs attorney, David Allen, said he will file an appeal to both the Oregon Court of Appeals and the circuit court.
Allen said he routinely requested documentation regarding water and wildlife issues that the state commissioners used to base their recommendation on. Not only was documentation not provided, Allen said, but the science behind maps showing deer and elk winter range, or how groundwater would be impacted by development, was unclear.
"We were never provided with data that supported the conclusions or calculations on the map," he said.
Jefferson County commissioners voted to sue the LCDC with the hopes that the countyÕs destination resort maps are upheld and the local land use law is honored.
"Ultimately, what we would hope is that the (Area of Critical State Concern) process is dead," Allen said.
"Obviously, weÕre not going to say we want you to do this again, but if you do É we want a full-blown, transparent, fully vetted process where all the science is on the table and everybody is educated," Allen said.
Jefferson County Commission Chairman John Hatfield said the state changed the rules in the middle of the game.
"A lot of what we do is dictated by the state," Hatfield said. "They set up the land use process, and thatÕs the one the county followed. And then the state comes around and says they donÕt like the process, and they change it. They call it moving the goalpost."
Oregon Department of Land Conservation and Development Director Richard Whitman said the Area of Critical State Concern process is one that has been on the books since 1975.
"It was built into the land use program as an exception to the rule that local governments should take the lead," Whitman said. "ItÕs not something weÕre just making up."
Whitman pointed out that there were four public hearings in Central Oregon that were well-attended and several additional meetings with the Jefferson County commissioners.
"There was an extraordinary amount of process provided," he said.
"The LCDC gave an opinion, but itÕs ultimately a legislative judgment," Whitman said. "We tried very hard to work with Jefferson County with this, but for whatever reason, Jefferson County has simply continued to resist the whole notion of an area of critical statewide concern, and I think thatÕs unfortunate, but thatÕs the way they chose to approach it. É If the county had been willing to engage in the process, we might have been able to include in the recommendation to the Legislature provisions that could have benefited the county. But they werenÕt willing to engage in that discussion."
Two developments proposed in the Metolius River Basin area sparked the debate. The first, coined an eco-friendly destination resort, is called the Metolian. The second, proposed by the Ponderosa Land and Cattle Co., was designed as a large-scale development with a golf course. The future of the two resorts remains up in the air.
Though Jefferson County has approved the destination resort map, its decision has been appealed and will be considered by the Oregon Supreme Court.
Ahern said the commissioners arenÕt against the designation and protecting the river.
"We have always been willing partners in the state area of critical concern," he said. "We would be interested in working with the state and protecting the river, but they arenÕt interested in that. They are interested in banning resorts."
Allen said he hopes a judge rules against the state, which he believes would mean the countyÕs land use laws stand.
"Then, our (destination resort) maps are still the law of the land, and we should be able to move forward," Allen said.
On Tuesday, the House Land Use Committee will hold a public hearing on the designation of the Metolius River Basin.
Lauren Dake can be reached at 541-419-8074 or at ldake@bendbulletin.com.