A lot of people have been asking about the recent court ruling on Oswego Lake access. To make sense of it all, I took some time to go through the ruling and figure out what it means for Lake Oswego residents. Whether you have an easement, don’t have one, or are just curious about how this might impact you, here’s a closer look at what’s happened and what it could mean for you.
Background: Why Was This Lawsuit Filed?
For years, access to Oswego Lake has been limited, with rules restricting entry to easement holders, members of the Lake Oswego Corporation, and a few designated swim parks. In 1972, the City of Lake Oswego passed Resolution 12-12, which prohibited public access to the lake from city-owned waterfront parks like Millennium Plaza Park, Sundeleaf Plaza, and Headlee Walkway.
The lawsuit that led to this ruling was brought by Mark Kramer, a Portland resident and kayaker, and Todd Prager, a Lake Oswego resident and open-water swimmer. They argued that the city’s restrictions violated the public trust doctrine, a legal principle that ensures public access to navigable waterways held in trust for the public. Their goal was to create more opportunities for the public to use the lake for activities like paddleboarding, kayaking, and swimming.
The Court’s Decision
After years of legal back-and-forth, the Clackamas County Circuit Court ruled that Oswego Lake is subject to the public trust doctrine. In short, this means the lake must be accessible to the public from certain public parks. The court concluded that:
1. The city’s complete ban on public access (Resolution 12-12) was unreasonable.
2. Public parks abutting the lake, like Millennium Plaza Park, must allow access.
3. While the city can impose reasonable restrictions (like permits or safety measures), it cannot block public access entirely.
This decision shifts how access to the lake is handled, aiming to balance the public’s rights with the city’s ability to manage and protect the lake.
What Does This Mean for the Public?
For the general public (non-easement holders)
If you’re a Lake Oswego resident without an easement—or even someone from outside the area—this ruling provides that you have a legal right to access Oswego Lake from certain public parks, including:
• Millennium Plaza Park: Confirmed as an access point for activities like paddleboarding, kayaking, and swimming.
• Other Parks: Sundeleaf Plaza and Headlee Walkway will likely open up as the city updates its policies to comply with the ruling.
Access will likely include rules like permits, fees, or time limits to help manage use and ensure the lake is protected. While it’s not a completely open-door policy, it does make the lake more accessible to the general public.
Lake Oswego residents also have access via the Lake Grove Swim Park and the Lake Oswego Swim Park though access restrictions may apply for activities like paddle boarding, kayaking and canoes.
For Easement Holders
If you already have easement access to the lake, this ruling doesn’t change what you’re currently able to do. You’ll continue to enjoy private access through your designated easement points. The main difference will be that you might notice more general public activity on the lake as these new access points open.
Addressing Original Concerns
The push for more public access has sparked some concerns, which were raised during the legal process. Here’s a quick look at a few of the key issues and how they’re being addressed:
• Overcrowding: Some worry about congestion, especially during busy times. The city will likely implement rules to manage use, which could include permits or limits on the number of people accessing the lake at one time.
• Environmental Impacts: Protecting the lake’s water quality and preventing invasive species are valid concerns. The court noted that simple precautions, like requiring boats to be cleaned, can help address these issues.
• Safety: As more people paddleboard, kayak, or swim, safety on the lake becomes a focus. Again, the city may introduce regulations to ensure everyone can enjoy the lake responsibly.
These concerns will likely guide how the city develops its new policies, and it will be important to strike a balance between public access and lake management.
What Happens Next?
The City of Lake Oswego now has to update its policies to comply with the court’s ruling. This could involve:
• Opening public parks like Millennium Plaza Park for direct lake access.
• Creating new rules for public use, such as permits, launch fees, or time-of-day restrictions.
• Implementing environmental protections to keep the lake healthy and enjoyable.
For now, Millennium Plaza Park is expected to be the first location where public access becomes available, but it’s worth watching how the city rolls out these changes.
Key Takeaways
• The court’s ruling ensures that Oswego Lake is accessible to the public through certain public parks.
• Non-easement holders, including the general public, will now have more opportunities to enjoy the lake for activities like paddleboarding, kayaking, and swimming.
• Easement holders will retain their existing private access privileges without changes.
• The city will likely introduce rules to manage public access while maintaining safety and environmental protections.
Questions?
This ruling marks a significant change for Oswego Lake, and brings up a lot of questions. Whether you’re a current resident, thinking about moving to the area, or just curious, feel free to reach out—I’m happy to help!
