Chapin Clark Story

Whitewater Tragedy The Oregon Whitewater Legislation Senate Bill 579 How Chapin Clark could have been saved--a simple throw bag (1.9mb video)

Whitewater Tragedy

In October, 2002, when Chapin Clark, an experienced outdoorsman, selected a company for a guided whitewater trip, he trusted that the outfitter company put safety first.

He was killed after the boat in which he was riding capsized. The boat was not equipped with a basic rescue rope, and the guide had not been trained in water rescue techniques.

The driftboat was on the Rogue River when it entered a canyon-walled stretch of whitewater known as Coffee Pot. The swift current pushed the drift boat sideways against a rock, tossing out Clark, a second passenger and the guide. Though Clark was wearing a life vest, the guide was not. There was no rescue equipment on board nor did the guide have any rescue training. Because the rescue attempt was delayed and poorly done, Chapin Clark did not survive.

During a lawsuit against the outfitter, the Clark family's Eugene, Oregon attorney, Don Corson, discovered that there were no rules or regulations in Oregon or most of the other 50 States that mandated water rescue certification and safety equipment for whitewater outfitters and guides. Corson wrote the preliminary legislation that would require higher safety standards. Julia Clark (Chapin Clark's daughter), Mari Anne Gest (a friend and environmental lobbyist), Phil Barhnart (Democratic Representative from Eugene), and Floyd Prozanski (Democratic Senator from Eugene) crafted and negotiated the final bill and worked with Oregon Guides and Packers to get it passed.

The Governor of Oregon signed it into law on July 22, 2005.

Chapin Clark had dedicated his life to Oregon law and the environment. He had served as Dean of the University of Oregon School of Law, chairman of the Oregon Water Policy Review Board, and was a scholar of water law. It is only fitting that his death would create a law to make whitewater trips safer for everyone.

As a memorial to Chapin Clark, the Clark family established the Chapin Clark Foundation to promote the cause of whitewater safety nationwide. Officers are: Julia Clark and Don Corson, Eugene attorney, legal advisor.

Oregon's Legislation Requiring Whitewater Safety Standards

Issue: To help prevent boating injuries and fatalities on Oregon rivers, outfitters and guides shall carry rescue equipment, be properly trained in whitewater rescue techniques, and have toured the course prior to taking passengers on class III or higher rivers.

Bill: SB 579 requires Outfitters and Guides who operate nonmotorized boats on Class III waters or higher, to:

• Equip all boats with rescue throw bags.
• Require passengers and guides to wear U.S. Coast Guard approved personal flotation devices. Require guides to have completed at least one trip on that section of water prior to taking passengers on the water, and
• Be trained in equipment preparation and boat rigging, understanding and recognizing river characteristics and hazards, methods of scouting rapids, methods of physically guiding boats through rapids, proper client communication, how to provide paddling and safety instruction and methods of river rescue techniques, including emergency procedures and equipment recovery.

Problem: People are injured on whitewater rivers each year. Studies show most injuries occur from being struck by paddles while in the raft; other injuries and deaths occur when passengers are thrown from the boat and strike objects while being swept downstream. In all cases, guides must be trained and ready to deal with emergencies.

Such was not the case for Chapin Clark, former Dean of the University of Oregon School of Law. Clark, an experienced outdoorsman, went fishing on a guided trip down the Rogue River. He never made it home to enjoy his retirement and family.

The boat Mr. Clark rode in flipped on a rapid, and due to long term exposure in the water, he drowned. Mr. Clark was wearing a life vest but time worked against him. The rescue attempt was delayed by not having the proper rescue equipment on the boat. In addition, the guide did not wear a life vest nor did he have whitewater rescue training, which added to a slow response to rescue Mr. Clark.

An Outfitter and Guide must register with the State Marine Board and must be certified by the American Red Cross or have an equivalent medical training course. The Outfitter must carry liability insurance.

But there was no requirement that river guides have rescue training. A guide will be trained in resuscitation but it is moot if the guide cannot first get the passenger out of the water to treat them. Rescue implies freeing a person from imminent danger by prompt. Most would assume that a boat carrying passengers would have a rope or something to use to attempt a rescue, but it was not required by Oregon law. A boat in Oregon must be licensed but a license won't save a life. Common sense sometimes needs to be legislated.

Experienced guides tempt fate when not wearing a life vest in whitewater and in this case it was Mr. Clark who paid the price. Requiring guides to wear life vests in class III or higher whitewater assists the guide when faced with a dangerous situation that calls for the guide's full attention. Passengers are also now required to wear a life vest.

Solution: Mr. Clark's family hopes that his death can be used to help prevent another tragic accident from occurring. Mr. Clark was an expert in water law and had an extreme respect for safety. In honor of this wonderful man, the Chapin Clark family established the Chapin Clark Foundation to promote whitewater safety nationwide.

Senate Bill 579 (read it online)