Friday, November 29, 2019

UNALIENABLE RIGHTS: THE PURSUIT OF PERSONHOOD FOR RIVERS AND LAKES



The river as plaintiff speaks for the ecological unit of life that is part of it. Those people who have a meaningful relation to that body of water—whether it be a fisherman, a canoeist, a zoologist, or a logger—must be able to speak for the values which the river represents, and which are threatened with destruction. --William Douglas
 
Sliding my kayak gently into the water, it's not hard to grasp why in a few short years how this river has become so significant to me. I've come to know this river's fickle moods. Its high water winters and early spring rush, Its summertime playfulness, and its autumn bounty when the native Chinook salmon swim back upstream to spawn. I've paddled its slumberous wide curves and through its fast water rapids. I've watched its water roaring like thunder pouring its last dam and followed its a clear and bright ribbon of water all the way to its end to dip my bow at its milky confluence.
Supreme Court Justice Oliver Wendell Holmes said, “A river is more than an amenity, it is a treasure.” I heartily agree. For me and many others, Northern California's American River is a rare jewel to behold. Fed by the melting snowpack of the Sierra Nevada Mountains, the river is an essential source for the area's drinking water, a productive provider of irrigation and hydroelectric power, and recreational highway for paddlers and fishermen. In its final twenty-some miles before pouring into the Sacramento River, it dispenses a peaceful serenity and magic to every creature along its wild banks despite being so near urban complexities of the city. And yes, to a certain extent it seems to be a living being in itself.

The Whanganui River
The idea of environmental personhood, a legal concept that designates certain environmental entities such as rivers and lakes with the same rights and protections as a person in hopes of establishing new statutory frameworks that go beyond normal environmental protection. The theory has been gaining ground in recent years. In 2008, Ecuador became the first country to enshrine the legal rights of nature in its constitution and in 2011, Bolivia passed a similar law. New Zealand became the first country to grant a specific river legal rights to the Whanganui River in 2017 and was followed by India’s northern state of Uttarakhand granting the right to be legally protected and not be harmed to the Ganges and its longest tributary, the Yamuna River held sacred by millions of Hindus.

This past July Bangladesh became the first country to grant legal status to all of its rivers. In its landmark ruling, the Bangladeshi Supreme Court move is meant to protect the world's largest delta from further degradation from pollution, illegal dredging, and human encroachment. In its ruling, the court said, “Water is likely to be the most pressing environmental concern of the next century,” calling for their countries' rivers to be protected “at all costs”.
Blue-green algae bloom on the shore of Catawaba Island on Lake Erie in 2009.

Meanwhile, in Toledo, Ohio, toxic algae bloom in Lake Erie contaminated drinking water shutting off the city's water supply for three days in 2014. Many blamed nearby farms fertilizer runoff as the culprit. Whereupon, this past February, Toledo voters passed what is known as the Lake Erie Bill of Rights aimed at protecting the great lake and giving empowers Toledo citizens the right to file lawsuits on behalf of the lake. The ordinance's constitutionality was immediately challenged court by an area farmer sighting "it can never guarantee that all runoff will be prevented from entering the Lake Erie watershed." The state of Ohio also joined in on the lawsuit, arguing the state, not the citizens of Toledo has the "legal responsibility" for environmental regulatory programs. The case still remains in litigation. However, this past month, Gov. Mike DeWine unveiled the voluntary “H2Ohio” initiative to address phosphorus runoff.

"It gives the right to the river to exist, to flourish and to naturally evolve and a right to a stable climate free from human-caused climate change impacts," Yurok Tribe General Counsel's Amy Cordalis told National Public Radio after the native American tribe has granted personhood to northern California's Klamath River, making it the first known river in North America given that status at least under tribal law this past spring.

Cordalis says the Klamath's water management and climate change have led to lower water flows and even fewer salmon, the Yurok's main source for food.
"The salmon runs are the lowest they've ever been," Cordalis told NPR, "Even this year, it was anticipated that the returning salmon runs were going to be strong, but they never showed up. We don't know where they are. We have been doing all we can to protect the river and, you know, working within existing legal frameworks. And it's not enough."
The Klamath River

As the movement to give in legal rights to rivers and lakes grows with support even coming from the United Nations, it has also been met with resistance from industry, farmers and river communities, who argue that giving the laws will infringe on their rights and livelihoods without a clear path forward.
“The biggest danger is that if you establish that a river has a right, then who is going to determine what that right is?” Don Shawcroft, president of the Colorado Farm Bureau told the Boulder Weekly in 2017, as proponents were pushing the state to grant the Colorado River legal rights.
For the rivers and lakes which lack a voice of their own, those decisions will be left to future policymakers to determine, as advocates warn of climate change, pollution, urban sprawl, mining, poor infrastructure management as well as drought and floods that currently endanger our bodies of water

"I think this is, is a reflection of a change of societal values," Cordalis concluded with NPR, "So we're in a climate crisis. And we need new tools to respond to that crisis. And in this country right now, corporations have rights as a person. And that's because historically our country valued commerce. And so I think it's a logical next step in this era of climate change to give the same kind of legal recognition to the natural environment and to nature."

Photographer Laura Gilpin declared, “A river seems a magic thing. A magic, moving, living part of the very earth itself.” Sitting alongside the Lower American River earlier this week, the river does seem alive as it moved steadily to the sea. Flashes of Chinook salmon among the river's ripples, scores of gulls, ducks and turkey vultures soar and flutter above, while I catch sight of black-tailed deer bounding through the stream. It's nature's age-old symbiotic relationships between the river and its creatures. As long as the water keeps flowing, the river and its wildlife will continue to exist. As humans, facing climate change, we need to recognize this natural world around us and make our duty to care for it, protect it and pass it on to generations to come.
By granting a river a right to be a river, we can all take the giant steps in understanding the other living beings around us and bare the responsibilities we owe to them.


Want to see more about Outside Adventure to the Max. Follow us on Facebook and Instagram

Friday, November 22, 2019

THIS HOLIDAY SEASON SUPPORT YOUR LOCAL PADDLING SHOP


For the fourth straight year, Seattle-based REI outdoor retailer will close its stores on Black Friday considered one of the biggest shopping days of the year to encourage their patrons and employees to take advantage of the day off to enjoy the outdoors.
Since its inception in 2015, more than 150 other companies have joined REI to closing their doors on the day after Thanksgiving, while hundreds of state parks across the nation have opened up for free as part of the #OptOutside initiative. And now REI is asking folks to even take in one step further, by taking part in the "opt to act" and join a nationwide clean-up effort on November 29.
"We’re still going to go outside and play – but this time we’re bringing our work gloves. And we’re inviting you to join us," wrote REI CEO Eric Artz, in a letter to members. "It’s time to fight for life outdoors – and life on this planet."
Locations of environmental cleanups are posted at www.rei.com.

We commend REI and all the groups taking part in the #OptOutside initiative. We can't think of a better way to enjoy the day by getting your hands dirty in a neighborhood clean up and just getting outside.

Another way to bolster your local outdoor community this holiday season is by patronizing your area paddle shops, instead of getting your kayaking and paddling gear either online or at a big-box superstore. By doing so, you support independent businesses owned by people who live in your community. Your dollars will stay local rather than padding the profits of a large corporate chain.
National statics say that $68 dollars of every $100 stay in the community when spent at a local business. That adds up to more local tax dollars funding state and county parks to provide river and lake access points, boat launch ramps, vehicle parking, and picnic areas. These are important components vital in providing recreational paddling opportunities along your favorite waterway. When spending the same at a non-local business like a national chain, only $43 stays in your community.

Yes, there is a perception that everything is cheaper on the Internet, which isn't necessarily the case when you tack on the cost of shipping. However, when you visit your local retailer, you will get to see and touch the items before you buy them. Enjoy some personalized service from a salesperson who will answer your all questions making sure the product is a good fit for you.

 But, dollars aside you must remember that you are now part of the paddling community. The same folks who work in your local shop are part of your river and lake community. They paddle the same places you do. You might even paddle with them. By getting your gear from your local paddle shop you are keeping your friends employed as well as keeping informed on festivals, competitions, community gatherings and river cleanups on your waterways.
Your paddle shop owners and employees pride themselves on providing knowledgeable expertise on a wide range of kayaking and paddling equipment for paddlers of all skill levels. Here are a few bullet points of the services our friends at The River Store along the South Fork of the American River in Northern California provide to area paddlers.

  • Got questions? We work hard to know or find the best answers for you and earn the honor of being “Your local Kayak Shop of choice."
  • Need kayaking and rafting equipment? We test out and stock the best and we make sure that you know what the options are so you can make the best-informed selection for your purchase.
  • Lessons and Education for all kinds of kayaking. ONLY the Best: this is why We started Current Adventures Kayaking School & Trips in 1994 and why we took over the River Store in 2004. We believe that we offer the best education with the best instructors and employees of any kayak shop in the west!
  • Demos and rentals, from rafts and kayaks to skirts and drysuits and much more beyond. We offer the most complete rental and demo service in the region. We want you to know what you are getting and that it works before you spend your hard-earned money on it.
  • Repairs. We have both in house and local sources for repairing gaskets, boats and more, and normally with a quick turnaround so you can get back on the water, usually within the week!
  • Community events. From simple ice cream socials to large events, interaction and appreciation of community are huge for us, and there is no better community than the Coloma- Lotus Valley and the greater paddling community that cycles through our region.
  • Information. Whatever you need when you need it- and if we can’t help you, we’ll tell you who can! You can reach us at The River Store by calling 530-626-3435 or emailing us at Info@TheRiverStore.com.

So as the holiday shopping days are upon us again, let's all remember to patronize our local paddling when thinking about getting that gift for our favorite paddler. And along the way, you might just pick up something for yourself too.

Want to see more about Outside Adventure to the Max. Follow us on Facebook and Instagram

Friday, November 8, 2019

OVER THE BOW: LAKE JENKINSON


Summer ends, and Autumn comes, and he who would have it otherwise would have high tide always and a full moon every night. ---Hal Borland


Strapped together like double-stacked freight cars on a train, I pushed each kayak off the dock into the water one by one. The floating caravan gently rubbed against the dock frame until Current Adventure's Dan Crandall circled back in his kayak and lashed the lead kayak to his PFD.
With his first stroke, the kayaks went nowhere. It took two more powerful stokes before the Dan could build enough momentum causing the parade of boats to lurch forward. Several more heaving strokes to pull the straps tight and line up the kayaks in a single file. Then slowly they began to inch forward across the water on their not so arduous trek back to the boat launch.

After a busy summer season, Sly Park Recreation Area's Lake Jenkinson was an eerie quiet like an abandoned playground in the first week of school with all of its inhabitants nowhere in sight. Our small boathouse and dock where we quarter Sly Park Paddle Rentals on the upper part of the lake was the only remnant left to remind us of summertime. And with all the boats now leaving, it would be even a lonelier sight on the water.
The flotilla of kayaks lumbered along in pursuit of Dan. It was not more than 200-yards back to the boat access on what would be their shortest and final trip of the season as we were closing down the boathouse for the season.

Living in the northern tier for most of my life, I learned to play the doleful game of rotating between seasons. In spring and summer, I usually had my kayak, paddles and camping gear accessible and ready to pack, but with the inevitable approach of winter, which included iced-over lakes and streams, my boats were locked away in hibernation until the springtime.
That made for a sad goodbye to summer, its memories and to the lake. Back in Minnesota on our last family campout of the season, my daughters slipped away while packing at the end of the fun weekend. I had just finished loading up the van when they returned and I asked them where they had been? And much like a scene from On Golden Pond, they explained to me they were just saying goodbye to the lake and the loons till next year. 

“We leave something of ourselves behind when we leave a place, we stay there, even though we go away," wrote Swiss writer and philosopher Pascal Mercier, And there are things in us that we can find again only by going back there.”

I told Dan a collection of my summertime memories after we had loaded up all the kayaks on to the trailer and filled the van with paddles and gear. I told him about the quiet mornings and the busy afternoons. About leading sunset paddles, and the trips to the waterfall. But, mostly I told him how amazingly successful the summer was and how I couldn't wait for next year to do it all over again. 

As we drove along the meandering road out of the park, the lake flickered in the late autumn sunlight. And silently, I said to myself, goodbye Lake Jenkinson. See you next year.

Sly Park Paddle Rentals is open May through September.
If you want to go on a canoe or kayak trip at Sly Park contact:
Current Adventures Kayak School and Trips 
PHONE: 530-333-9115 or Toll-Free: 888-452-9254
FAX: 530-333-1291
USPS: Current Adventures, P.O. Box 828, Lotus, CA 95651
info@currentadventures.com
owner Dan Crandall dan@kayaking.com

Over the Bow is a feature from Outside Adventure to the Max, telling the story behind the image. If you have a great picture with a great story, we would love to see it. Submit it to us at nickayak@gmail.com

Want to see more about Outside Adventure to the Max. Follow us on Facebook and Instagram


Friday, November 1, 2019

LIGHT SWITCH


The world is big and I want to have a good look at it before it gets dark.--- John Muir 


It's fall back time. This Sunday, the time flips back an hour to standard time. Great if you are an earlier riser in this light switch from evening to morning. However, losing the hour at the end of the day always surprises me. I'm not ready for the darkness, as the sun seems to slam into the horizon before my eyes. Exploding into little bits before disappearing into the night.

“There are very few things in the world I hate more than Daylight Savings Time," said author Michelle Franklin,  It is the grand lie of time, the scourge of science, the blight on biological understanding.”

She is right of course as many who don't enjoy the practice of Daylight Savings will attest. We don't lose or even gain for that matter a dose of sunlight with the time change, we lose it astronomically as the sun approaches its southernmost position, aka the winter solstice, the shortest day of the year in the Northern Hemisphere.

Still losing that golden hour at the end of the day seems unforeseen and unexpected for me. I can remember a fall paddle on the north arm of Folsom Lake. I had gotten a late start when I slid my kayak into the water on the south side of Doton's Point. The sun was already dipping behind some clouds and hovering over the horizon. It would be a race against it to see if I could finish before it set.

Now I had won the contest against the setting sun many times before while on summer nights camping. I would paddle out across the water watching that giant orange ball dissolve into the lake while I still have enough light to paddle back to the beach and light the campfire before nightfall. Twilight lingers in the summer, but not in autumn.

This time I was humbled. I didn't beat the night. I had paddled out too far and still had to come back. I tried to hurry back as fast as I could. My fingers and feet tingled as I pressed into the footpegs and paddle. But, no matter how fast I tried to paddle, the sun was gone and night had prevailed.

As a full moon rose over the foothills, I paddled back along the shoreline towards the lights of Folsom Dam.  The land and water amalgamated into the murkiness of the night. I can't say I was lost. I pretty much knew the lake and how to get back. But, without my headlamp, it was more like fumbling around in a dark bedroom trying to find the light switch. My truck was out there, I just had to find it.

The moonlight glistened on the water as I paddled up to Donton's Point. In the shadows, I could make out the silhouette of the truck's body parked along the beach. I was back at my starting point tired and a little relieved. I loaded up and drove away thinking, I better get an earlier start next time. It was only a little past 6 p.m.

That one-hour daylight switch from evening to the morning as we fall back to standard time begins this weekend. We don't go back to daylight saving until spring begins.

This article was originally published in Outside Adventure to the Max on November 3, 2017. 

 

Want to see more about Outside Adventure to the Max. Follow us on Facebook and Instagram