NEWPORT-Officials hope a state appeals court ruling on rafting fees will not create an economic hardship for Cocke County.

This past week the appeals court upheld a ruling that a county fee for commercial rafting customers on the Ocoee River in Polk County violates the federal Navigable Rivers Act.

Polk County had required rafting outfitters pay a $2.50 fee for each customer since 2001.

With the ruling, reportedly Polk County will have to hold all funds paid for one year, pay back fees sought by customers and give any remaining money to the state's general fund.

Cocke County Mayor Iliff McMahan Jr. said he learned of the ruling late this past week and met briefly with County Attorney Fletcher Ervin.

"I have not read the ruling but I did meet with Fletcher and asked him to research what this means for us," said McMahan.

Cocke County currently has a $2 per customer fee for rafting on the Pigeon River, which generates just under $200,000 per year for the county.

According to Cocke County Clerk Janice Butler, the number of rafters visiting the county through August this year was 92,130, down 3,681 or about 4 percent from the previous year. In all, the county received $184,260 in rafting fees, down about $7,360 from last year. Drought conditions the past two years have limited the number of rafting trips.

Even so, McMahan said the Pigeon River is the fastest growing river in rafting customers in the Southeast.

McMahan pointed out Cocke County's fee on rafting was established by private act through the General Assembly in 1995.

 "The state approved it and so did the CLB as a way to defray the costs of providing a safety officer and keeping things intact along the river," said McMahan. "We did this out of a concern for the safety of the customers and the rafting companies.

"The state told us the process and we followed their instructions. The rafting fees we collect are under a lawful and public vehicle through the state legislature. I feel secure we did what we were supposed to."

Should Cocke County be impacted by the Polk County ruling, McMahan said it would create an economic hardship for the county.

"If the county can no longer be allowed to collect the fees, it opens up a lot of questions," he said. "It would mean we do not have a balanced budget. Also, it would be unfair to the rafting companies and put a real burden on them to have to take care of everything."

Just this past week the Pigeon River Rafters Association asked the Cocke County Finance Committee to make repairs and improvements along the river to help the rafting industry grow. The rafting company is seeking an estimated $150,000 in improvements, which the committee agreed to explore.

The Polk County ruling also states that sales tax on rafting violates the federal law.

"On the sales tax, I think that's ridiculous," said McMahan. "That is like the sales tax on any other recreational activity."

McMahan stated Cocke County has never increased its fee on rafting. "What other fee can you say has stayed the same for the past 13 years? If there is one, it's very rare.

"As I said, we don't how or if this will impact us. I'm not going to do anything until I find out more."