David Pollack and his wife have lived on 2 acres in a rural part of Clackamas County since 1973. When they bought their home, they planned for the option to create another lot, which was possible at that time. However, in 1979, zoning in the area eliminated the possibility of doing that.

So the Pollacks filed a Measure 37 claim to create one additional lot for a single-family home for their daughter. That’s how the Pollacks said Measure 37 was billed to them two years ago – helping the small landowner build an extra home or two on their land – for their family or their retirement, if such zoning was allowed when they bought the property.

David says he believes in fairness in our land use system. But the property rights issue cuts more than one way, as he’s learned from the result of the passage of Measure 37. Many Measure 37 claims filed in his area are for large housing subdivisions – mostly located on farmland, in forests or in water-restricted areas. Pete’s Mountain, where the Pollacks live in rural Clackamas County, is just one example of places all over Oregon where Measure 37 has opened the door to subdivisions and other types of development where it just doesn't belong.

Pete’s Mountain is designated by the state as a “ground water limited area.” That means there isn’t enough water to allow many other homes or water users in the area without draining or polluting the neighborhoods current water supply. In fact, there’s substantial evidence that the aquifer has already dropped in recent years. Yet, says David, large Portland developers have joined with landowners to file Measure 37 claims for hundreds of new houses in large subdivisions on Pete’s Mountain.

Unfortunately, Measure 37 doesn’t allow the county or the state to turn down development on the basis of inadequate water supply. When rural zoning was adopted following the passage of Senate Bill 100, most of Pete’s Mountain was designated timberland. The groundwater resources in this area were not adequate to sustain higher density development, or irrigation-dependent farming.

David says that it is frightening to imagine the drain on the aquifer if 300 new homes are permitted in this Ground Water Limited Area. Without adequate water, David says his property values and his property rights will be impacted. Who will compensate residents for reduced property value then?

Fortunately, there is a way to fix the flaws in Measure 37 that enable large subdivisions to threaten the quality of life. Measure 49 will protect limited groundwater resources in areas like David's by protecting the rights of small property owners while preventing massive development where it simply doesn’t belong.

David Pollack supports Measure 49 because it will restore balance and fairness for the sake of rural areas, farmland and forests.

Read more Oregon stories for Measure 49.