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 Elkhorns large watershed has the ability to hold
a good rain and generally keep its flow. Occasionally prone to
massive floods, which are constantly changing and rearranging
its limestone creek bed, there was one particularly awesome deluge,
that actually smoothed out the Elkhorns whitewater into class
I - II for a brief time. But dont pass the Mighty Elkhorn
off as lame or too tame. Even during its 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 its 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 its 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 locals car into the creek.Eventually
the state was petitioned to install guard rails along the roadway.This
action, along with the Saufleys 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 Saufleys 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 its 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 its people out of balance and everyone
demanding their own piece of the Elkhorn.
Kentucky is a state that has seen its 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 Elkhorns 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 Saufleys 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 Saufleys 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 Saufleys, 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 wwboaters
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 Mcdonalds 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 Knights 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 didnt know him. Pulling onto the land with a boat on the
racks of Burgesss 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.Ss 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. ...wholl 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. ...wholl gimmie 60, 60,60...Come
on yall, this here is prime creek front land boomed the auctioneer
...wholl 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 couldnt 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 hadnt
even caught an eddy. The boaters were all following Mr Partys
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 auctioneers son was in major arm swinging and pulling
motion now. He seemed in disbelief that we boaters werent 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 auctioneers 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 didnt 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 Saufleys 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 its 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. Weve all still got
to run this thing. Make it as environmentally correct a paddlers
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 CanoeKYs successful defense of its zoning lawsuit with
the county and the judges ruling effectively evaporating any
looming worries over zoning issues and the whitewater access of
AW Acres.
Now its 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 youve been reading this article. Get out there.
Go paddling and join up with your boating friends for fun, safety
and strength in keeping each others whitewater streams open and
free. While youre 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