AW Acres: The Elkhorn Saga

by Barry Grimes


The whitewater reach is the Elkhorn "Gorge" of Kentucky. Five miles of class II-III rain dependent stream whose flow has been called home, sanctuary, playground, and business has recently gained a new status - whitewater access protected. This is the story about the creek, the land, a family, a feud, some bottles of bourbon and how a group of people who love whitewater secured a place for all paddlers.

The run has historically been from the "Forks of the Elkhorn" bridge putin on US 460 where the North Elkhorn and South Elkhorn tributaries come together down to the traditional takeout through "Saufley's gate" on Peaks Mill Rd. Birthplace to generations of wwpaddlers, the Elkhorn’s large watershed has the ability to hold a good rain and generally keep it’s flow. Occasionally prone to massive floods, which are constantly changing and rearranging it’s limestone creek bed, there was one particularly awesome deluge, that actually smoothed out the Elkhorn’s whitewater into class I - II for a brief time. But don’t pass the “Mighty” Elkhorn off as lame or too tame. Even during it’s brief post flood wwanemia the creek could still kill. Although one flood, totally blew out a brand new and costly concrete bridge the influential Saufley family had constructed at the takeout, the same high water left the innocent looking low dam at the Jim Beam Bourbon distillery still standing and remaining as a multiple killer. At most flow levels (use the visual gage on the Forks US 460 bridge or the USGS gauge at Knight's Bridge) this easily run barrier is a class II move with class VI drowning potential that continues to claim the occasional careless tuber or too casual or inexperienced boater who becomes caught in it’s drowning machine grip.

Through the late 80s and early 90s the Elkhorn had more periods of high water that gradually brought back the class III hydraulics and the ww paddlers to carve it’s currents. Then in 1997, a huge flood shoveled out a few solid class III drops just in time for the wwpaddling boom that was sweeping across the country. Suddenly, the 99 mile long Elkhorn “Creek” (one mile short of making the river classification) seemed covered in boaters and gleaming SUVs. Not only were private wwpaddlers enjoying the higher levels but also lots of people very new to the sport. Folks who tended to rent their boats from outfitters and sometimes sit on their life jackets instead of wearing them.

The owners of the takeout, Yvonne and Zack Saufley, had always graciously allowed private wwpaddlers of the Elkhorn Gorge to exit the creek across their land and park their cars along the wide place in the road next to their gate. In the days before wwpaddling became so popular it was rare to see more than 3 or 4 boaters cars parked here on any of the rainy days the creek was high enough to paddle. However, this same wide spot in the road was also a frequent hangout for locals bent on partying, fishermen, high school lovers and unwelcome overnight guests.These non-paddling folks were much more frequent, and polluting prone visitors. They tended to drop beer cans, spent condoms, empty worm containers, tires and washing machines. According to legend, this prompted a member of the Saufley family to take a frontloader and actually push one persistent local’s car into the creek.Eventually the state was petitioned to install guard rails along the roadway.This action, along with the Saufley’s own fences and gates mostly kept the non-boating people out. Yet there was still just enough room left for the occasional paddler or fisherman to get their car legally out of the road with no hassles from the Saufley family.

WWboaters generally were welcome by creek side landowners back in the 1970's and 80's.The Saufley's had even invited the Bluegrass Wildwater Association out of Lexington to hold monthly meetings on their land on at least two occasions and also helped the group conduct a Boy Scout trip by allowing everyone, including one of the local outfitters, CanoeKY to park and organize on their land. The BWA and other KY paddling groups, including the Viking Canoe Club of Louisville, and Elkhorn Paddlers, always endeavored to keep good relations with the Saufley family as well as all of the landowners along the creek. Performing annual creek cleanups, being considerate, respectful to privacy and property and generally attempting to kiss Mrs Saufley’s butt with bottles of Jim Beam at Christmas. These were harmonious, symbiotic times for private wwpaddlers, landowners and bourbon makers.

When the popularity of paddling began soaring in the early 90's and the car company ads were sprouting kayaks, two commercial outfitters began having some success running self guided canoe and kayak trips along the various sections of the very scenic Elkhorn. Soon, all the local landowners were upset at the increased numbers of people floating or paddling the Elkhorn and it’s forks.Feeling invaded, the locals were constantly reminded that the world had found them as they watched large commercial vans pulling trailers full of boats and disgorging lots of loud, nervous tourists all over their serene countryside. The parking, loading and unloading of half dressed humans of all ages along the narrow, winding road was whipping the locals into a property rights frenzy. There were also more frequent disturbances from the unskilled paddlers of the Elkhorn Gorge. Competent wwboaters on the stream at higher levels were witness to numerous ugly swims and sometimes were called upon to assist in the rescue of totally unprepared boaters who, after their swim, ended up trespassing across private property and disturbing irritated locals to use the phone or beg a ride. It was becoming a stream with it’s people out of balance and everyone demanding their own piece of the Elkhorn.

Kentucky is a state that has seen it’s fair share of Hatfield vs McCoy style feuds. Right here in the rolling hills of Franklin,Co., home of the Elkhorn Gorge a new fight between neighbors, the Outfitters vs the Landowners was forming fast. For awhile the private wwboaters managed to stay neutral and were able to gingerly paddle between the threatening legal boulders and nasty verbal hydraulics raging between these two interests. Around 1998, the Rain Gods bestowed their bounty and produced the second year in a row of unusually wet weather conditions. The rain fed, flood enhanced, Elkhorn Creek seemed to be running continuously and on the ever sexy Elkhorn, if it rained, they would come.

The Elkhorn was now more easily paddled and convenient than any time in recent
boater memory. Always a relatively safe and forgiving beginner stream (if you portage the bourbon plant dam on the left) the Elkhorn Gorge is also full of fun surfing spots for experienced playboaters. Just a a few minutes from Lexington and Louisville, an easy day trip from Cincinnati and weekend from Indianapolis. Private wwpaddlers were becoming much more prevalent. Outfitted in the new smaller boat designs, which were helping to bring out the nuances of the Elkhorn’s flow at various levels, boaters were creating new fun moves. Unfortunately we were into another type of style which created some problems. The cancer growing in wwboater relations began with the overcrowding of the few parking spaces available along the Saufley’s sliver of land at the takeout.

Instead of 5 shuttle vehicles, it grew to 10 and even 20 or more on those sunny summer Saturdays when the creek was flowing strong. Private paddlers were also generating plenty of noise, exposed skin and middle of the road conversations along the narrow and moderately used country lane. The vastly increased volume of private boaters was helping to tip the people situation further out of balance on the Elkhorn.The landowners were losing patience and it soon became apparent that no amount of Jim Beam would help maintain access to the creek.

Mrs Saufley was spotted taking pictures of the parked shuttle cars along the road. Boaters were getting nervous that the Saufley's take out may soon be taken away and nobody wanted to see their brand new Lincoln Megamachine pushed into the creek with a frontloader or towed. It wasn't a long wait when one day the dreaded "no parking signs" sprang up and were stuck into the prime parking spots along the right of way at the Saufley’s gate by the KY dept. of transportation. The very next weekend those signs were promptly pulled out in broad daylight, virtually under the noses of the Saufley’s, by a couple of shortsighted boaters and thrown into the creek. Suddenly, thanks to these few, all wwboaters lost what little immunity might have remained against the landowner and outfitter feud raging around them.

By the time 1999 rolled around, the troubles on the Elkhorn were getting beyond ugly. An anonymous complaint from a landowner gave rise to a lawsuit by the county against the owner of CanoeKY, one of the outfitters on the creek, for having a commercial operation on property zoned rural/residential. Ed Councill, the owner of CanoeKY owns a house along the the creek at Knight's Bridge (aka; Quarles Bridge) about 1.5 river miles downstream of the Saufley's gate and the next available place to takeoff the creek. State Troopers were reported to be cruising around when it looked like rain to check the reinstalled no parking signs and added barbed wire.

Members of the BWA and other local paddling groups realized that the Elkhorn was becoming much more difficult to paddle. In hopes of avoiding the tow truck at Saufley's, private boaters were being pushed downstream to Knight's Bridge. Unfortunately the parking problems around the bridge were really no better and there was little doubt that numerous "no parking" signs or guard rails would sprout soon around there as well.

By the spring and early summer of 1999 there was an optimistic and promising new initiative started to gain federal matching funds towards the purchase of the Quarles land, 50 yards downstream of Knight's Bridge and perfect for paddler access.The federal matching grant could provide funds for improvement into a public creek access point. It seemed a good solution to everyone's dilemma. David Quarles (the only landowner willing to sell land for this purpose) could sell his land, wwpaddlers gained a takeout, outfitters would have a legal boat launch and pickup point, and landowners would see, hear and encounter less congestion and disturbance around the road and near their residences.The grant writing effort was spearheaded in a collaboration between several members of the BWA and the Elkhorn Trust, a conservation organization represented by Ed Councill, owner of CanoeKY.

Expertly written by a dedicated BWA member, the Knight's Bridge Landing proposal for funding was unanimously approved by the Kentucky State Trails Advisory Board with the Department for Local Government staff ranking the proposal 5th out of 58. It was starting to look good for the paddlers of the Elkhorn. There was only one remaining hurtle to overcome before the dollars flowed, Commissioner Bob Arnold of the Department for Local Government, who made the final recommendations and submittal of funding requests to the Federal Government Federal Highway Administration. If the proposal got the go ahead from Mr Arnold federal approval was virtually assured.

A letter writing campaign was initiated by paddlers from three states to help Mr Arnold understand the necessity of Elkhorn Creek access. At one county tourism commission meeting where the project was discussed Mrs Saufley stood up and declared that it would be a “cold day in hell” before she allowed any boaters the use of her land ever again. Another landowner appeared in local TV news interviews claiming increased congestion and trash if the takeout was funded. Two weeks later Mr Arnold, an unelected political appointee of Kentucky's Governor had reached his decision. He denied the Knight's Bridge Landing proposal, using as an excuse, the fierce opposition from the few well connected local landowners. In a triumph of no-brainer political expediency, the good ol' boy (and girl) network had successfully portrayed the proposal as the work of outside special interests bent on destroying the serenity and sovereignty of the area by encouraging hordes of tourists and trespassers to descend upon the Elkhorn.

This created a crisis for wwpaddlers. Not only had private wwboaters lost the bid to create a new access point - we were now fully embedded into the feud between the landowners and the outfitters. The Quarles land was still for sale (as it had been for almost 2 years) and several dedicated members of the BWA continued to work to find a solution. Hopes (and the weather) were in a severe drought however with no one anticipating a simple or quick opportunity to gain access. Boaters were dreading the inevitable confrontations with landowners that surely would come with the winter and spring rains.

Then in mid October of 1999, David Quarles decided to put up his land for sale in an absolute auction to take place in 30 days. For private ww paddlers, this moved the situation from a simmering crisis to an outright and immediate emergency.There were no other landowners between the Saufley's and Knight's Bridge known to be willing to sell their land - especially if it was to be used for creek access. If the Quarles land were to be purchased by a nonpaddler or possibly by an adjacent landowner hostile to recreational access, Elkhorn wwpaddlers could become an endangered species reduced to outlaw renegades down a creek with no takeout.

Faced with dwindling time there were still huge divisions within the BWA ranks over the best plan to follow in the event of a successful bid at the auction. We needed a single uniting plan and we had two. It was a very bad case of shuttle madness over how we would drive this bus to the takeout. One group, fearful of the restrictive zoning and injunctions over use as access was advocating the land be purchased and donated to the Fish and Wildlife Service which was perceived to have increased leverage in getting zoning changes. Another faction was pushing for a completely private buy with the land held by a small group of investors as a limited liability corporation. Finally, a handful of BWA paddlers strongly involved on both sides of the debate met over a few beers at an Irish pub the Monday evening before the sale that Saturday. It was during this meeting where the consensus was finally brewed to purchase the land with private donations and immediately donate it to American Whitewater. The entire land donation was to be controlled throughout the sale by the “principle donors”, people who gave $500 or more towards the purchase. Each $500 donation equaled one vote on the new AW Acres Council. The AW plan was announced at the BWA meeting on the following night with only three days left till the sale.The membership immediately voted to donate $1000 to the cause. Within those three days the access movement had miraculously obtained donated pledges in excess of $32,000 thanks to the generosity, determination and online connectivity of wwpaddlers, their organizations in three states and the able help of the staff and other volunteers of American Whitewater. Actually the full total collected in the emergency blitz was slightly over $40k including “loan pledges” to be used in case of a close bidding competition.

We felt sure that we had enough money. Who else would really want 4.89 acres of perpetually flooding creek bottom? The only other interests that were perceived be out there were local deep pocket landowners bent on buying the land only to keep it out of wwboater’s hands. We paddlers were completely paranoid and receiving reports that there would be hostile, local landowners or their representatives bidding at the sale. A plan was needed to give the impression that the boaters had run out of money in order to stop someone from simply bidding up the price. We could not allow ourselves to get into a toe to toe bidding war with a landowner who potentially had much deeper pockets and an equal fervor to "save" the Elkhorn.

Saturday morning, the day of the sale arrived and the final stealth meeting of the key players was held in Lexington. Mr Party (aka Rich Smithers) was there in his green Jim Barna Log homes hat and JB Log Home logo satin green warmup jacket. John Foy, treasurer of the BWA pressed into service for the sale, came armed with the last minute donor money totals loaded into his laptop. I was there to represent American Whitewater and Burgess Carey for the BWA. In between gooey Mcdonald’s pancakes we went over the plan and made sure everyone understood the bidding queues and our roles. Then we lit out for Frankfort and the sale at 10am on the property at Knight’s Bridge.

For the numerous volunteers heavily involved in the process it had been a fast moving three days. Frantically soliciting money from donors via emails, message board postings and phone calls, there was no time for traditional snail mail communication. Along with the conferences with lawyers, auctioneers, surveyors, paddling groups, landowners, and web page builders, the money was pouring in with credit card donations through the AW web site and by hand delivered and mail promised checks. David Quarles, a local calm water paddler and owner of the property up for for auction even added a dramatic karmic twist by joining the BWA and donating one of the largest contributions to the cause. He wanted to see his land go to American Whitewater as much as the wwboating public did.

Mr Party drove himself to the sale at the Elkhorn and made sure to stay separated from John, Burgess and I who were acting as if we didn’t know him. Pulling onto the land with a boat on the racks of Burgess’s Sportsmonster 4X4 van we proceeded to play our parts as the nervous paddlers we were. A few other boaters showed up and we double checked to make sure that none of them attempted to talk to or recognize Mr Party, who strolled around seriously inspecting the land and talking to the auctioneer.

It was a sunny, unusually warm November day and there were maybe 25 people milling around the property. The auctioneer and his son were handing out plats of the land from the back of their microphone equipped pickup which also doubled as their float in the Capital City Christmas parade and were attempting to identify the real players in the auction. We boaters were trying to seem nonchalant as we scanned the crowd for our competition when just before the start of the sale, we were approached by an older gentleman none of us knew. He smoothly introduced himself and explained how he too was a canoeist of the Elkhorn for many years. We idly talked of our situation and inadvertently tested his feud politics by vaguely relating our troubles with old Mrs Saufley. At this point in the conversation, the gentleman held up his hand and then gently informed us that he was in fact Mrs.S’s accountant. He then courteously excused himself from our company just as the auctioneer was climbing into the bed of the pickup truck to start the bidding.

After statements about the absolute nature of the auction and hearing no questions from those gathered about the property, the auctioneer began his sing song chant at $60,000. “...who’ll gimmie 60, 60,60...” he pleaded while his son walked around in front of the crowd beckoning and motioning with his hands like a revival preacher looking for converts. “...who’ll gimmie 60, 60,60...Come on ya’ll, this here is prime creek front land” boomed the auctioneer “...who’ll gimmie 50, 50, 50... now then 45,45,45...” He slowly worked his way down and then at $20,000 - WHAM - someone off to the left in the crowd motioned a bid. The boaters had no problem looking stunned. In our presale strategy meeting that morning we had decided that we would not bid beyond $17,000. If we were to stick to the plan, the “boaters” couldn’t even make a bid... we were “out” of money. The horizon line of the drop and the sound of the auction gavel hitting was all that was left and we hadn’t even caught an eddy. The boaters were all following Mr Party’s lead now.

That first bid was immediately followed with a second, and then a third and fourth all coming within seconds of each other. It was maddeningly unclear, at least to me, exactly who was bidding since the signals were subtle and the action so fast. I could feel the pulse pounding in my ears as I focused on Mr Party, our shiny green log home man on the scene, calmly wag his finger at $29k. The auctioneer’s son was in major arm swinging and pulling motion now. He seemed in disbelief that we boaters weren’t bidding. He cajoled the crowd and and harangued everyone over and over looking to pull a nod or signal from among us. But the boaters just looked around and kicked the dust in mock resignation and remained silent. Finally the auctioneer’s son gave up pulling for more money from the crowd and “Going once...going twice...SOLD for $29,000!” thundered from the auctioneer who waved towards Mr Party. Burgess looked over, threw a subdued air punch with his clinched fist and whispered “YES!”

We had won but we were still trying not to act like winning bidders. It had been agreed that if the boaters held the final bid, those of us present would not make a scene. We didn’t want to celebrate too strongly or give an impression of gloating. That time would come later. The Saufley Family owns the entire ridge line overlooking the newly acquired AW Acres and the consensus feeling was to be as low key as possible. There was still great paranoia regarding the vague wording of the zoning laws and besides, we were neighbors with the Saufley’s and the other landowners now and we wanted the feud finished as soon as possible.

David Quarles looked slightly stunned when Burgess walked over to tell him quietly that the paddlers actually won the bid. As David was new to the BWA he had never laid eyes on Mr Party. Nor had any idea of the amount of money that had been collected. As a seller and a donor David had excused himself from AW Acre council decisions until after the sale. When Burgess let him in on the scheme he had no idea AW had won the final bid. He thought he was going to be watching Abe Lincoln in a silk warmup jacket build a log home on the creek. I walked over to the auctioneer and authorized the AW 10% deposit check and confirmed that American Whitewater would indeed be taking possession of the deed at closure in 30 days.Time to break out the bourbon and party.

With a flurry of signatures in an 18th century, walnut paneled Frankfort,KY law office American Whitewater took full possession of it’s latest land acquisition and a became a property taxpayer in Kentucky. Through the focused action of members AW was continuing to set new precedents for action in securing whitewater access. By providing the infrastructure to make such donations of the land a reality, American Whitewater, and dedicated people are helping to promote the strongest , most assured method possible to obtain whitewater access protection - direct property purchase.

But the land acquision and success of the auction only marks the end of the shuttle in the saga of AW Acres. We’ve all still got to run this thing. Make it as environmentally correct a paddler’s parking lot and gathering spot as we can. That will take more planning and money and volunteers. We also need to be good neighbors and cool the feud. The courts may already be helping that along amid CanoeKY’s successful defense of it’s zoning lawsuit with the county and the judge’s ruling effectively evaporating any looming worries over zoning issues and the whitewater access of AW Acres.

Now it’s time to write the next chapter in the Elkhorn saga and draft new tales of paddlers working to preserve and enhance their sport. I hope its been raining or melting water into your favorite drainage while you’ve been reading this article. Get out there. Go paddling and join up with your boating friends for fun, safety and strength in keeping each other’s whitewater streams open and free. While you’re out there you might reflect on this saga and how one band of committed, creative paddlers working together with American Whitewater faced the challenges and helped to forever expand your paddling opportunities.

For more information on how you can help support AW Acres or secure and protect access on your favorite or endangered stream please contact:
Jason Robertson
American Whitewater Access Director
1430 Fenwick Lane,Silver Spring, MD 20910
Phone Toll free:866-BOAT-4-AW email: Jason@amwhitewater.org
or visit our web site: http://www.americanwhitewater.org