Yesterday, American Whitewater and our partners won an important case in the South Carolina Circuit Court, in which a landowner sought to privatize a section of the South Fork of the Saluda River. The Court’s language is clear and unambiguous in its finding that the South Fork of the Saluda River, including the Class IV Blythe Shoals, is legally navigable under state law. This is a huge victory for all of South Carolina’s citizens and visitors that enjoy paddling the State's rivers!
When the landowners sued the State, American Whitewater and the Foothills Paddling Club intervened thanks to the generous pro bono legal representation of Nathan Galbreath who was assisted by Jeff Harris, both of Nelson & Galbreath, LLC. Jeff paddled more than 40 miles of the river, including the section at issue, demonstrating that the South Saluda is a blue highway. Please ensure these two never have to run their own shuttle again – the dedication and smarts they brought to this project was off the charts!
The paddling community played a pivotal role in this case. The Court specifically noted that "the defendants have shown by affidavit and video that recreational boats such as kayaks and canoes can navigate this section of the river… The Court recognizes that the Plaintiff has submitted an affidavit of an expert which states that this portion of the river is not navigable, but that does not negate the clear evidence that the river is navigable as shown by the Defendants' evidence." We'd like to thank all the individual paddlers who stood up for paddlers' rights and submitted videos and affidavits!
While an appeal of this decision is possible, we feel that it is unquestionably consistent with South Carolina law, and are hopeful the decision will not be challenged. The long held right of the public to responsibly paddle South Carolina's rivers has been upheld. It is a great day for river enthusiasts!
American Whitewater is a member-supported river stewardship organization.