Ryan Beckley, President of the Winchester Water Control District (WWCD), owners of the condemned Winchester Dam on the North Umpqua River, and owner of TerraFirma Foundation Systems, got some bad news on Friday.
For 70 years citizens of Lake Oswego believed the prevalent (but false) myth that the 415-acre Oswego Lake, one of the largest lakes in Oregon, was a “private lake”—operated like a country club for the privileged few who owned lakeside property.
Oswego Lake at Millennium Plaza Park in Lake Oswego, Oregon—like the private water ski lake behind Winchester Dam—was, for many years the exclusive domain of the Lake Oswego Corporation, an association of homeowners whose property surrounded the reservoir.
But those days are over.
On Friday, June 5, 2025, Clackamas County Circuit Court Judge Kathie Steele ordered the city of Lake Oswego to remove all “boulders, metal reeds, and any other obstructions to public access to Oswego Lake from Millennium Plaza Park.”
Furthermore, the city must remove any and all exclusionary signage stating, “Private Lake” or “No Trespassing.”
The three defendants in lawsuit, who vehemently opposed public access to the formerly private lake—and lost, are now required to pay the plaintiff’s attorney fees which total $1.5 million, setting a hard and chilling legal precedent legal precedent, the ramifications of which directly affect the numerous lawsuits in which Ryan Beckley and the WWCD find themselves embroiled.
Judge Steele’s ruling effectively reaffirms the public trust doctrine, making clear that water bodies like Oswego Lake—despite being surrounded by private land or associations—cannot be privatized or restricted when they meet the legal standard for public navigability.
The state holds these waters in trust for all Oregonians, not just for the benefit of adjacent landowners.
Additionally, the judge’s ruling means that the City of Roseburg, the Douglas County government, and the county taxpayers may well get stuck paying the plaintiffs’ legal fees. Judge Steele ordered the Lake Oswego Corporation, to pay 45% of the legal fees, the city of Lake Oswego pay 35%, and the State of Oregon pay 20%.
The Oswego Lake ruling doesn’t just pertain to private homeowner associations—it targets cities and counties that enable exclusionary water management like the 7,500-foot private water ski lake behind the condemned Winchester Dam. Lake Oswego and the State of Oregon were both ordered to pay a combined $825,000 in legal fees for helping enforce illegal public access restrictions.
This precedent makes Ryan Beckley not just a bad actor, but a potentially massive financial liability for any public agency defending him. If the City of Roseburg, Douglas County, or even the State of Oregon continues to run interference for Beckley, they’re risking taxpayer money, exposing themselves to legal losses and fee-shifting judgments just like in Oswego.
It will also make it difficult for county and state representatives get reelected.
If public agencies like the City of Roseburg or Douglas County government continue siding with Beckley, the man the Oregon Department of Justice identifies as the perpetrator of one of the worst fish kills in Oregon history, they won’t just be complicit in environmental degradation. They’ll also be on the hook financially.
The public trust doctrine doesn’t just guarantee public access and ecological stewardship, it also holds governments accountable for failing to uphold it. And when judges order legal fee payouts, that money doesn’t come from Beckley’s wallet—the taxpayers get stuck paying part of the bill.
Now Oswego Lake is accessible to the public. Ironically, it has always been public property, but Lake Oswego Corporation and the city of Lake Oswego perpetuated the myth that the lake was private property. Oswego Lake, a natural pool in the Tualatin River, was once known as Sucker Lake. The lake was surrounded by heavy industrial businesses until a developer built a dam and a community of lakeside McMansions.
In April 2005, Oregon’s attorney general issued an opinion saying the lake was public and the attorney general’s “opinion has not changed.”
According to Oregon’s top court, a natural waterway is public so long as it has “the capacity, in terms of length, width and depth, to enable boats to make successful progress through its waters.”
The judge rejected the city’s claim that it was a “minor player” in the case.
This is a bad omen for Ryan Beckley, whose West Linn home is just five miles from the lake, and has taken particular interest in this lawsuit. This decision does not bode well for the numerous lawsuits in which Beckley, TerraFirma, and the Winchester Water Control District are defendants.
In March, Judge Steele ruled that the Lake Oswego Corporation exclusionary use of the lake was illegal and that the public could access Oswego Lake.
This marked the end of a 13-year legal battle brought on by plaintiffs Mark Kramer and Todd Prager, two local men who filed the lawsuit against the City of Lake Oswego for public lake access in 2012. After seven decades of illegally depriving the public of their legal right to access the lake, law and order is being applied to restore that right.
“I’ve been really excited and happy to see all the use it’s been getting,” said Prager. He was considerably delighted to learn that the judge is making the defendants pay his legal fees.
“I was really happy for our legal counsel,” Prager explained. “They’ve been doing this pro bono for the past 13 years, even spending over $200,000 of their own money on it for experts and court fees.”
The Lake Oswego Corporation is a glorified homeowners’ association that owns the land beneath the lake—but the state owns the water.
Just like at Winchester Dam, only homeowners in the association (and 12,000 other easement holders with stickered watercraft) could use the lake. Even the people who own condos on the water were told they’re not welcome.
Just like the Winchester Water Control District (WWCD), the Lake Oswego Corporation (LOC), a $2 million operation, is funded by yearly dues paid by homeowners in the association. But unlike the WWCD, the LOC only issued stickers to boaters who sanitize their crafts, carried at least $500,000 in liability insurance, and passed written and practical exams.
In 2005, Lake Oswego Mayor Joe Buck told the Lake Oswego Review, “I appreciate the Judge’s work to equitably discern between the multiple parties, interests and issues, and the City Council will discuss the fee ruling in the near future with our legal counsel before taking any next steps.”
The park’s “Private Lake” and “No Trespassing” signs were removed earlier this week. For the first-time since the formation of the Lake Oswego Corporation in 1942, members of the public are enjoying the new access to Oswego Lake.
“I feel like this is something that everybody should be able to enjoy,” said Michelle Karlebach after floating back on a paddle board. “It’s not as hard to get over to these [lake access] steps as it would be to get over to the Tualatin or the Willamette access points.”
Marla Routon and her family kayaked on Oswego Lake for the first time on Monday. “We’re really grateful for the tip that we can come and enter the lake and paddle around,” said Routon. “It was gorgeous!”
In July, after the city has removed the boulders and metal sculptures that impede access to the lake, members of the public will have unfettered use to the cool waters at Millennium Park Plaza.
Prager said he looks forward to continued public access. “It’s been really fun just seeing everybody having a good time and just safely enjoying the lake,” he said. “It’s for all Oregonians and anyone that wants to use it according to the park rules that are put in place.”
In 1924, Paul Murphy developed the Oswego Lake Country Club to promote Oswego as a place to “live where you play.” The Paul Murphy Company replaced Ladd’s company as developer of Oregon Iron and Steel’s property in 1940, and the following year, Oregon Iron and Steel created the Lake Oswego Corporation, which owned the lake as a private corporation of lakefront property owners. In 1960, shortly before ending its existence, Oregon Iron & Steel deeded the powerhouse and dams to the corporation.
“The water itself is a public waterway and at no point will the Clackamas County Sheriff’s Office arrest, or charge someone with trespass, for being on a public waterway,” said Sgt. James Rhodes in 2005. “The lake is not private property. And regardless of who calls or asks, no, we would not arrest someone for trespassing on the lake.”
This decision does not bode well for Ryan Beckley, TerraFirma, or the Winchester Water Control District. Now Beckley realizes not only will he lose in court, but he’s going to get stuck, paying for the plaintiffs’ legal fees.
Later this summer, U.S. District Court Judge Karin J. Immergut is expected to announce her ruling on the federal Endangered Species Act lawsuit brought by local nonprofits on behalf of the Coho salmon.
According to one TerraFirma employee, who asked not to be identified in this article, said that Beckley “is not a happy camper.”
