Washington v. Oregon

Background

The States of Washington and Oregon disputed where their border runs near the mouth of the Columbia River. Washington asked the Court to reconsider an earlier decision from November 16, 1908 that had decided substantially for Oregon. The disagreement focuses on which river channel marks the dividing line north of Sand Island and on ownership of islands and sandbars in the river; sixteen features are named in the complaint, but outside Sand Island only Desdemona Sands and Snag Island could be described as true islands.

Reasoning

The Court addressed two questions. First, it reaffirmed that the boundary follows the north channel around Sand Island and that the boundary remains the center line of that channel even if channels shift because of natural accretion or the jetties Congress built to aid navigation. The Court cited prior cases holding that changes in a river’s course do not change state ownership. Second, the Court interpreted the admission language about the “middle channel” and “widest channel,” noting that a channel must be a flow of water used by vessels. Testimony showed multiple nearby channels used by boats, including the Woody Island and Cordell channels, and the Court concluded the north channel met other channels east and north of Desdemona Sands. Because Oregon had conveyed Snag Island in 1877 and Washington had not asserted control, the Court held Snag Island lies within Oregon.

Real world impact

The decision confirms Oregon’s territorial control along the north-channel boundary and over Snag Island while leaving many low‑tide sandbars unresolved. Congress has authorized concurrent jurisdiction for some river crimes and civil matters but that law does not fix the boundary. The Court suggested the two States consider a compact, with Congress’ consent, to settle remaining lines. The petition for rehearing was denied.