As many of you know the Railroad Ranch is in danger. The word around the State of Idaho is that Governor Butch Otter plans to close the Idaho State Parks Department. As I listened to the local talk radio station this morning while tying flies I heard an interview with the Governor in which he stated that he had no intentions of closing the state parks but merely transfer the administration of the parks over to the Idaho Department of Lands and the Idaho Fish and Game. This would be done in an effort to cut the state budget during this economic down turn. All of this is quite heartening until you understand the nature of the agreement between the State and the Harriman family who owns the property.
Henry’s Fork Anglers manager Mike Lawson talked about his ties to the Harrimans and the establishment of the park.
“I know the Harrimans and the intent of the family,” Lawson said regarding the stipulation a professional parks agency be created to manage Harriman and other Idaho state parks.
“I understand the intent of the family, and the heirs aren’t that far away. You are going to see them pretty quickly if the state moves ahead with this. I’m really concerned about it.”
From this statement it appears that without an official Parks Department the agreement would be rescinded and access could be lost. Let us all hope this does not happen.
The following are excerpts from the Rexburg Standard Journal
At issue is Gov. C.L. “Butch” Otter’s recommendation the Parks Department be eliminated and park management be turned over to the Idaho Department of Lands and the Idaho Department of Fish and Game.
Trafton’s (Henry’s Fork Foundation Executive Director) comments appeared to concur with Associated Press reports that the governor’s recommendations may be showing some cracks in reserve.
“We’re hearing it’s not dead yet, but it’s dying,” Trafton said of the recommendations. He said he questioned if the governor’s office was aware of the agreements between the Harriman family and the state tying the family’s gift to the establishment of a professional parks agency.
Trafton urged those interested in keeping the agency intact “watch hard, without resting on our laurels” as the issues plays out in the state Legislature.
All things being equal, I like where the Governor is going with this. Consolidating State departments to avoid new taxes is a good thing. However, I understand the concern over losing a valuable public resource. I’d like more facts than the hearsay that the Standard Journal provides. I would think that the State could establish a parks division within the Department of Lands to uphold the intent of the gift. Most judges would be reluctant to come up with a ruling that would remove property from the public domain if there is a colorable “professional parks agency”. The State would be wise to meet directly with the heirs and work out a settlement and put the issue to rest. Unless something is resolved, it will give legs to what would otherwise just be bureaucrats whining about the consolidation.
Thanks for your comments Sean. Good to have an attorney weigh in.