NORTHWEST STEELHEADERS ASS'N v. Simantel

Defendants 1 and intervenor appeal from a judgment that (1) declares that title to certain lands lying below the ordinary high water mark of the John Day River is held by the State of Oregon; and (2) rejects defendants’ counterclaims for trespass. Defendants assign error to the denial of their motions to dismiss and for directed verdicts and to the trial court’s determination that the segments of the river at issue are navigable under federal law for purposes of establishing title. Intervenor assigns error, inter alia, to the trial court’s declaration of navigability. On the merits of the…