Case against Ausable Chasm paddlers dropped

Ausable Chasm is now open to whitewater paddlers. Photo by Seth Lang.

No charges will be pursued against three kayakers who paddled through Ausable Chasm in June, the Explorer has learned.

The Ausable Chasm Company complained that the three trespassed on the company’s land on the first weekend that the river was declared open (against the company’s wishes) to whitewater paddlers.

Based on the company’s complaints, state troopers filed “a request for a criminal summons” in the Chesterfield Town Court, according to State Police Captain Brent Gillam. However, Gillam said it was up to the town judge to decide whether to press charges.

Today, Gillam said troopers ended up making no arrests and considered the case closed.

A spokesman for the town court confirmed that no charges were filed.

“It’s not something I would be interested in pursuing, based on the federal court cases,” Gillam said. He added, however, that the judge made the decision to dismiss the case.

Paddlers waged a long legal battle to win the right to kayak through the chasm. This includes the right to portage around rapids and other obstacles and to scout the river.

Read my earlier post for more background about the controversy that erupted on the first weekend of paddling.

Ausable paddlers in hot water

Whitewater enthusiasts now have the right to paddle through Ausable Chasm, but they better be sure to obey the letter of the law.

Ausable Chasm.

Ausable Chasm Co. called the state police on Friday—the first day the run was open—to complain that kayakers were trespassing.

State Police Captain Brent Gillam said troopers filed criminal summonses against three paddlers, but the decision on whether to bring charges is in the hands of the town court.

One of the paddlers said on the Northeast Paddlers Message Board that he and two companions had entered private land after encountering a rope on the river.

“We were used to ropes meaning some type of warning down river,” the kayaker said. “We ventured onto private land. We asked the first staff member we saw, and went back. We were stopped by a cop when we were back in the water. After discussion and some waiting we were given violations.”

American Whitewater (AW) is trying to find an attorney to fight the tickets.

AW and Ausable Chasm Co., which runs a tourist facility at the gorge, offer different interpretations of the paddlers’ actions.

Kevin Colburn, AW’s national stewardship director, said they were confused by the rope and walked up an access road to scout the river.

But Tim Bresett, Ausable Chasm’s general manager, contends the paddlers were taking a short cut across the company’s land. “They were a half-mile from the river,” he said. “They were not scouting.”

Bresett said another paddler was ticketed Saturday for stepping out of his kayak to take photos, but Captain Gillam again said troopers only filed a criminal summons with the local court. Gillam said officers cannot charge somone on the spot with a violation (a low-level crime) unless they witnessed the incident.

Colburn suggested that the company is trying to intimidate paddlers from using the river. He said employees were yelling at kayakers who paddled down the river Friday and over the weekend.

“They don’t like the public floating through their river,” he said.

Bresett, however, said the company acknowledges that the public has the right to paddle through the chasm and scout rapids. “It’s not our position to play hardball with these guys,” he said, “but you got to play by the rules.”

After years of negotiation with New York State Electric and Gas, Ausable Chasm, and American Whitewater, the federal government ordered this stretch of river open to the public. Paddlers put in near the power plant at Rainbow Falls, negotiate heavy whitewater (up to Class 5), continue through milder rapids and flatwater, and take out at a bridge on Route 9.

Bresett said many of the kayakers who ventured down the chasm on Friday and over the weekend were “unskilled and unprepared.”

“I guarantee somebody will die on the river this year,” Bresett said.

Under the federal agreement, the river will be open each year from Memorial Day weekend until October 31.

Shingle Shanty decision a ways off

Don’t expect the state Department of Environmental Conservation to reach a quick decision on the Sierra Club’s request to force landowners to remove a steel cable that stretches across Shingle Shanty Brook.

In a recent letter to the club, DEC Regional Director Betsy Lowe says the department plans to provide “a comprehensive response” to the request. “As you can imagine, this will take some time given the careful consideration required by the Department’s technical and legal staff, possible coordination with the State Office of the Attorney General, and the need to balance a variety of demands with limited resources,” she wrote on November 4.

The Sierra Club contends that the public has a common-law right to paddle through a corner of a large tract of private land owned by the Friends of Thayer Lake, which is affiliated with the Brandreth Park Association. The association owns the recreational rights to the land and has posted no-trespassing signs to deter paddlers from using the waterways in question.

The club’s request was sparked in part by an article that appeared in the July/August issue of the Adirondack Explorer. In it, I described my two-day trip from Little Tupper Lake to Lake Lila. At one stage, I paddled on three connected waterways owned by the Friends of Thayer Lake: Mud Pond, the pond’s outlet, and a stretch of Shingle Shanty Brook. This enabled me to avoid a mile-long portage.

The Brandreth Park Association contends that the public doesn’t have the right to paddle these waterways. Since my article appeared, the owners have strung a rope across Mud Pond, put up additional no-trespassing signs, and installed two motion-sensitive cameras.

The Sierra Club contends that the chain, rope, and signs are an illegal blockage of a public canoe route.

Lowe’s letter was addressed to Roger Gray and John Nemjo, the co-chairmen of the club’s Adirondack Committee, and Charles Morrison, who is heading the committee’s public-navigation-rights project.

Click here for an earlier post that contains links to letters to DEC from the Sierra Club and Brandreth Park Association.

Click the link below for a PDF of Betsy Lowe’s reply to the club.

Shingle Shanty letter

Shingle Shanty update

Charles Morrison, a former DEC official, wrote a letter to the Times Union in response to my op-ed piece on the navigability of Shingle Shanty Brook. He agrees that it should be open to the public. Morrison is the former director of natural resources planning at DEC. In that capacity, he once commissioned a lawyer to study the legal history of the common-law right of navigation. A few years ago, he co-authored a booklet on navigation rights that can be found on the Web site of the Association for the Protection of the Adirondacks.

Testing the legal waters

Phil Brown paddles through private land toward Lake Lila. Photo by Susan Bibeau.

In an earlier blog, I mentioned that I did a two-day canoe trip from Little Tupper Lake to Lake Lila in May. A story about the trip will appear in the July-August issue of the Explorer. It’s more than just another account of Adirondack adventure, for I took a route that has been posted for years.

 Essentially, I avoided a mile-long portage by paddling from Mud Pond down the outlet to Shingle Shanty Brook, which flows into Lake Lila. Despite no-trespassing signs and a cable across the brook, I believe what I did was legal. I explain my rationale in an op-ed piece published by the Albany Times Union. A fuller airing of the legal issues will appear in the next Explorer.

Incidentally, Susan Bibeau’s photo will grace our next cover.