Re: [Paddlewise] Australian state severely restricts kayak king

From: James <jimtibensky_at_fastmail.fm>
Date: Fri, 09 Oct 2009 08:13:27 -0500
Paul Hayward wrote:

Moral of the story: Look to your local legislatures and their ideas of
how to protect you from yourself...


We paddlers in Illinois recently went through an Alice-in-Wonderland
experience with such a silly set of regulations.

It is a very long story which I hope I can summarize accurately.  We
have a lot of low-head dams here and people drown at them every now and
again.  A kayaker went over one such dam in 2006.  Two brothers who
tried to rescue him and the paddler all drowned.  The Illinois
legislature passed a resolution charging the Dept. of Natural Resources
to devise rules for dam safety.  Most of the dams in the Chicagoland
area have portage ramps built on their sides so a paddler can walk
safely around the dams.  In their wisdom, the DNR proposed rules which
made it illegal to approach within 300 feet of a dam.  All the portage
ramps are less than 200 feet long.  So, it would be illegal to use the
safety ramps, meaning no one could take long paddling trips on rivers
with dams.

The DNR had some hearings.  I went to one and almost everyone there said
the ramps were perfectly safe. I talked about how I had timed the river
going over the dam in Geneva, Illinois.  [I teach at the Geneva Kayak
Center which is literally right at the top of the ramp around the dam,
so I am very familiar with this dam.]  I timed the current going over
the dam at flood stage, when the river was the highest it had been in a
hundred years.  From the bottom of the ramp to the edge of the dam, it
takes just over a minute.  That means the flood current is exactly 1.25
miles per hour. Not exactly a killer flow.  If someone missed the bottom
of the ramp, they would have a minute to regroup before getting to the
dam.

Among other things this silly rules set required was signs and lights
posted above the dam on private property.  The signs would have to be
purchased by the property owners from the DNR.

We paddlers, and the property owners above the dams, organized a fierce
letter and email-writing campaign and got the legislature to refuse to
approve the regulations as written.  A quirk in the law means the issue
is dead.

But it was close.  And none of our comments at the hearings were able to
convince the risk-averse DNR (they own the dams and, so, are liable for
any claims resulting from accidents) to change the rules to at least
allow the use of the existing safety ramps.

Jim Tibensky
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Received on Fri Oct 09 2009 - 06:13:35 PDT

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