Who Controls Waldo Lake?

Waldo Lake advocates gathered at the Wayne Morse U.S. Courthouse in Eugene Monday to voice support for a ban on gas-powered engines in the lake's pristine waters.

Steve Stewart is suing the Forest Service and demanding the ban be lifted. Stewart claims the Forest Service can't ban motorized recreation activities from the lake and its shorelines because the agency doesn't have jurisdiction over the lake; he says the state of Oregon does. The lake is within the boundaries of the Willamette National Forest, but the lawsuit says that because the lake was "navigable" at the time of statehood, under federal law, it should be under the authority of the state of Oregon.

Stewart's lawsuit also argues that the gas-engine ban violates the Americans with Disabilities Act because it prevents users who cannot row or paddle. The ban does, however, allow for electric motors on the lake.

The hearing was held before Judge Thomas Coffin, who gave the Forest Service two weeks to claim the lake or to say some other entity "owns" it.

Waldo Lake in the Cascades is the second deepest lake in Oregon, second only to Crater Lake. The lake is halfway between Eugene and Bend and surrounded by 39,000 acres of federally designated wilderness areas on three sides. "Waldo Lake has been found to be one of the purest lakes in Oregon and in the world," said Sean Stephens of Oregon Wild. Public comments from lake visitors have emphasized "how much Waldo Lake visitors appreciate its peacefulness and remoteness," according to USFS documents.

It is this purity and peace that lake advocates and the USFS are trying to protect from gas-powered engines, including float planes. A ban in 2000 was implemented to prevent the use of motorized water vehicles in the lake. It was lifted shortly thereafter under pressure from the late L.L. "Stub" Stewart, who led Cottage Grove's Bohemia Lumber before its acquisition by Willamette Industries.

The ban was imposed a second time in 2004 under the administration of a new environmental assessment process. This was appealed by Stub Stewart's son Steve. "Two to 5 percent of people at Waldo Lake use gas motors," Stephens said.

A transition period to a ban to take full effect in 2009 began in April 2007. The ban is getting full support from organizations such as McKenzie Flyfishers, the Western Environmental Law Center and local lake, kayak and canoe enthusiasts. "The vast majority of supporters are non-gas users," Stephens said.

For many lake advocates, the use of gas-powered water vehicles is tantamount to the destruction of a lake known for its solitude and natural beauty. "It's like riding a motorcycle down the steps of the Sistine Chapel," said lake advocate Anne Forrestel.