River Rafters Run Out Of Patience
Republished from The Daily Record -- Maryland's Business & Legal News since 1888
by Bruce Miller (Daily Record Business Writer)

Imagine waiting in a line for 20 years to see the Washington Monument, then watching others move to the front because they were with a tour group.

This is the way one Maryland citizen feels who joined eight others from New Mexico and Colorado in filing a lawsuit over allocation of opportunities to "run" the Colorado River in the Grand Canyon.

Ken Kyler of Silver Spring has been on a waiting list since 1996 but doesn't expect to receive a permit until 2010 when he'll be 56 years old.

After going down the river on two commercial trips in the 1990s, Kyler now wants the opportunity to travel the river at his own pace, rather that at what he says is the rushed speed of a commercial trip. And he wants to stop where a commercial trip may not stop.

It will be quite a while before he will be able to do this, he says, because of inequitable allocation of permits.

The lawsuit claims that the National Park Service favors commercial outfitters over private boaters in issuing permits. The lawsuit was filed after the superintendent of Grand Canyon National Park, Rob Arnberger, scrapped a long-term environmental study aimed at melding a Colorado River Management Plan, which would have changed allocations, and the park's Wilderness Management Plan.

The plaintiffs are asking that the court reallocate the proportion of permits issued commercial outfitters and private boaters. They want the Park Service barred from negotiations with rafting companies until a more equitable system has been established.

The lawsuit has been backed by the Grand Canyon Private Boaters Association, which seeks to ensure that all those waiting to do so get equal amounts of time to "run" the river.

According to Willie Odem, association president, the commercial operators control 70 percent of the river's usage.

"We feel that the distorted allocation has contributed to the long wait private users have," he said.

Odem said the National Park Service has done nothing to remedy the situation, despite promises to improve the system.

"We'd be happy to see them abide by their own management plan," said Odem.

Kyler said that people who go on the waiting list now might not see a permit for 20 years because of a recent increase in interest among boaters to run the river by themselves. Kyler believes the number of people should be regulated.

"No one wants to see the Grand Canyon bank to bank with rubber rafts," he said. However, he said, allocations need to consider the needs of all who travel the river, and not just commercial operators.

Kyler said he became involved in the dispute because he believes it is a national issue. He said that the dispute has been going on too long and it's time for the park service to "stop talking and do something about it." He said that the goal of the lawsuit is to lead park officials to return to their management plan or develop a new one.

Arnberger said last week that he has been working to improve the system, causing an outcry among commercial outfitters who objected to changes. Private rafters said that the $27 million rafting industry has put pressure on Arnberger.

Mark Grissham, executive director of the Grand Canyon River Outfitters Association, denied the allegation. He also said the association was shocked when Arnberger dropped the management plan.

For now, no trial date has been set and the park has 60 days to respond to the suit, which leaves Kyler not knowing when he might get his permit. He feels the canyon is a unique place when viewed from the river. "I want more time," he said. "I can only do this on a private trip where I can set my own schedule."

The Associated Press contributed to this article.