Native Americans Confront Developer -- Columbia River Subdivision Vs. Fishing Rights

GOLDENDALE, Klickitat County - If Henry Spencer were to step out with a visitor for a brisk walk around his property on the banks of the Columbia River, he'd probably point out the magnificent view of the hills and cliffs across the river.

And at the tip of Lyle Point, hard to overlook, there are white canvas teepees, the sacred fire of sage and cedar and three traditional Native American fishing scaffolds.

Also there are members of the Yakima Indian Nation, the Confederated Tribes of the Warm Springs Indian Reservation, the Cascade Klickitat tribe, environmental activists and assorted other people you might call friends of the Native Americans - none of them friends of Spencer's.

They've been staging a sit-in on his property since Sept. 27 to protest a development they say will cut off their access to an ancient Native American fishing site.

Yesterday, their cause suffered a setback when Klickitat County commissioners issued their final approval for Spencer's 33-lot subdivision, giving him the go-ahead to start selling.

The vice chairman of the Yakima Nation tribal council, Harry Smiskin, immediately announced the tribe's intention to appeal the commission's decision within 30 days and its willingness to pursue the case beyond the county level if necessary.

"We will probably look to federal court," said Smiskin.

Six more teepees were to be added to the site today, and tribal leaders expect the number of protesters to swell to 200 this weekend, when a vigil is planned at Lyle Point.

Spencer, a developer from Falmouth, Mass., came to the Columbia River Gorge for its renowned windsurfing and stayed, living in Hood River, Ore. In 1991, he purchased a piece of waterfront property in Lyle, a tiny town on the Washington side of the river, from Burlington-Northern.

The subdivision, Klickitat Landing, is geared toward professionals with a love of the outdoors who don't mind commuting to Portland or Vancouver, 78 miles to the west. The lots range in size from 0.6 to 1.4 acres and in price from $80,000 to about $242,000.

`I'VE BEEN FISHING ... FOR CENTURIES'

At the center of the controversy in Lyle is Margaret Palmer, a small, soft-spoken woman, who with her husband, Douglas, has been fishing at Lyle Point since the 1970s.

"I've been fishing there through my ancestors for centuries," she said.

She is a member of the Yakima Nation. Douglas is a Warm Springs Indian. But both refer to themselves first and foremost as River People, the indigenous people of the Columbia River.

"I'm not a politician," said Palmer. "I'm just the person who handles the food."

But Palmer has been pushed into the role of politician because she and her husband are the primary users of the Lyle Point fishing site. She lives about two blocks from the subdivision, a project she didn't learn about until she saw the roads being built.

Palmer and other tribal members have been attending meetings since early spring. They protested the development on environmental grounds, but the County Commission issued a determination of non-significance after a review. The Yakima Nation also claims the site contains ancient tribal burial grounds.

OTHERS JOINING THE PROTEST

The Columbia Gorge Audubon Society and Earth First! have joined the protest, saying that Lyle Point is a resting place for eagles who fish in the river and nest nearby.

The sit-in began after one of Palmer's plywood and log fishing platforms disappeared. They blame Spencer. He denies having anything to do with it - in fact, he says there wasn't a scaffold at that location until three weeks ago, when Native Americans rebuilt it. The occupation of the land began to protect the other scaffolds.

Warren Spencer (no relation to Henry) is a Warm Springs Indian who fishes a few miles upriver, near the John Day Dam. He and his wife, Mae, have been taking part in the sit-in since the beginning.

"It's not just Lyle Point that's the issue here, it's the whole Columbia River," he said. "Am I going to have to go through the same battle next year?"

The Native Americans say Henry Spencer doesn't understand their treaty rights - they call him an outsider who doesn't understand their customs or the law, and they often refer to him as "the windsurfer."

RIGHTS WERE GRANTED IN 1855

Under the 1855 treaty with the federal government, the tribal right of access to the river for fishing is guaranteed. The salmon the Palmers catch is vital both for sustenance and as part of their religious ceremonies. The Boldt decision of 1974 ensures their right to 50 percent of the catch.

Spencer says he understands the treaty rights. He said he has no intention of interfering with any tribal member who wants to fish at Lyle Point, but that he has already made enough concessions to the tribes.

After talking to the protesters, he amended his original plan to include a note that the 100-foot buffer zone along the water is to be open to members of the Yakima Nation, and yesterday added a note to the plat giving them motor-vehicle access to the site in the hopes that the sit-in would end.

"I put the notes on the plat and now their numbers have increased," said an exasperated Spencer.

Margaret Palmer said she fears that the future landowners will not be sympathetic to her traditions or her presence.

"I call it intimidation when I have to walk through the homes of 33 millionaires to gather the fish," she said.

Spencer disputed Palmer's claim that Klickitat Landing would be home to millionaires.

He said he already has commitments from several prospective buyers, and that all future landowners would be notified of the provisions for tribal fishing access.

A SYMBOL OF FRUSTRATION

Above all, Spencer seems mystified by the attention being paid to his plans.

"I was welcomed with open arms by the Planning Commission."

Since then he has faced an increasingly hostile crowd at every meeting.

As the sit-in continues, Lyle Point is becoming something of a symbol for Native Americans' continued frustration with the federal and state governments.

After the Army Corps of Engineers destroyed the primary tribal fishing grounds by flooding Celilo Falls in 1957, the government promised to provide in-lieu fishing sites elsewhere on the river. Only four such sites now exist, although others are under consideration, including a parcel owned by Spencer which abuts Klickitat Landing.

The protesters said they have no intention of leaving.

"We'll be here until Mr. Spencer starts thinking of other ways to get his money out of the land," said Rosanne Ratkiewich.

LANDOWNER DEFENDS HIS RIGHTS

Spencer said yesterday he had not decided how to get the protesters off Lyle Point, but that he and the sheriff had discussed his options.

"We're going to protect a piece of private property in the best way that we can."

Klickitat Chief Johnny Jackson had a few words for Spencer.

"Those have been our fishing grounds forever," he said, poking the developer in the chest after yesterday's commission meeting. "And I'm not backing down on this."