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Question? Just north of the Gem Lake recreation area boat ramp in Idaho Falls, There is a slough that branches off north east of the river that enters into a sub division that I have been thinking about fishing Via access by water with My Jet boat. Looking at GIS and ON-X maps its clear the ground the water covers is Private but Its my understanding that the Water and the Fish that reside on that property are public according to Idaho laws. The reason I ask is I have heard multiple reports of homeowners around the slough making threats of trespassing to anglers fishing from their boats and honestly I don't need to deal with that kind of BS while fishing so I want to get some feedback from you all on what the actual rules are. I appreciate the Help.
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I would not go in there . This has already been to court . I believe the judge was bought and paid for by the owner of the subdivision. I don't know how he won . Seems like that is public water way . They will call the Sheriff .
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It's been probably 10 years ago now, I believe it was Doyle Beck that had the Bonneville County Sheriff cite an ice fisherman, who was regularly on this website. And as I remember, yes, Curt69 is right to my remembrance, the Judge had some ties to Beck and Beck won citing the ice fisherman for trespassing. I cant remember how many people pushed the F&G to take this on or it would affect navigable waters throughout Idaho, but F&G refused to help appeal this to District Court. F&G really got a tounge lashing at the time, but, most everyone has forgotten about it yet no one dare go back in there because of the court decision and it cost the fella one hell of a lot of money if I remember right. the guy asked for help to appeal the decision and very few if any would help pony up money to try and fight the trespassing ticket.
I would not push the issue either as there are supposedly cameras on the water and Beck said he would have everyone who went in those waters cited. I cant remember the judges name, but if anyone can remember, and the judge is not working any longer, might be a good time to push the issue again if you have deep pockets or set it up with F&G. Hope that helps.
Here is a link to the case/issue: [url "http://billingsgazette.com/...36-5b83727947a7.html"]http://billingsgazette.com/...36-5b83727947a7.html[/url]
And here is the link for this forum a long time ago: [url "http://www.bigfishtackle.mobi/cgi-bin/bigfish.cgi?post=826358"]http://www.bigfishtackle.mobi/cgi-bin/bigfish.cgi?post=826358[/url]
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Thank you for your help, Sounds like I am not the only person that has attempted this by reading a little more into it. I appreciate your response!
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This is a little frustrating though that local courts can defy state laws and regulations. Everything I read on "official state government websites". tells me that if I can navigate the water with my boat un-inhibited and it is part of the natural flood plain of the river it is public Water. The land under the water may not be but Idahoans have a rightful claim to all our natural resources which absolutely includes our waterways and the fish that reside in them. I guess I need to understand the history behind that development and if is a man made or natural water way because if it is a natural slough that developed organically over time then they shouldn't have a foot to stand on in court according to Idaho state laws? I am not one to make ignorant decisions so I will do more research. I know how corrupt politics and good ol boys clubs function and that yes money talks but that doesn't make it right. I will do some more research and post what I find. This is an important topic if this is truly what it seems and we really should work to right this wrong or its a matter of time before it snowballs up and down the snake river valley on every inlet creek and slough that "big money" thinks they should have exclusive rights to. Thanks again for your input and information.
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Huntsy7 , welcome to the Forum. I don't know how Beck got this bay declared private property. It all started when ice fishermen were parking at Gem Lake Marina and walking on the ice up the river and into the bay to ice fish . Never touching private property. But a Judge ruled in Becks favor . If I had the money I would fight This . But I don't.
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I researched this extensively when it occurred. Doyle Beck did call the sheriff and reported the young ice fisherman for trespassing. The officer knew the law and didn't cite him but Beck took him to civil court as I understand. F&G was actually talking about citing Beck for interfering with the legal pursuit of game. However judge Tingey ruled in becks favor using the argument that because the inlet is a culvert pipe that the water is not navigable and therefore not public. However Idaho state law states that to be navigable it only has to be able to float a six inch diameter log. Since I used to run a 16' boat with a 35 hp motor up it I think it qualifies.
As for Tingeys ruling my understanding is the bonneville Republican Party was s major supporter of his prior to his being elected. Beck was the president of the bonneville Republican Party at that time. You'd think he should have recused himself.
As for other state laws and history of the land it was originally a gravel pit owned by Beck. He then dug it out and allowed it to flood with water from the river. So far I haven't seen any evidence of permits from the army corps of engineers allowing the river to be diverted, so the legality is suspect. Then there's the part where either state or federal statutes state that if a landowner willingly allows their land to become inundated with water from a public source (river) then the water and wildlife within is public use for recreation and transport. There are several existing case law examples of this and apparently this kind of ruling isn't unusual at local levels but if taken up further routinely gets overturned. However the kid years ago didn't have the money to appeal the ruling. So I'm guessing the public defender probably was incompetent as well since I found out all this, including specific laws (state and federal) and statutes, in about 45 minutes. that should have been a slam dunk.
Now, especially with the new trespassing laws our pissant state government has passed, the only chance we have of fishing there again is for someone with some money to take Beck to civil court (sue him) for the right to access public waters. However it would likely cost several thousand dollars. If a group like Idaho wildlife groups wanted to take it on I'm sure it could be done, but the three or so I wrote to never responded years ago. Maybe someone would be interested to now.
It's really a shame because there was some amazing bass and carp fishing in there.
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That is Great information. I surely dont have the money to pursue this but taking it to small groups as you suggested is a great idea. I have never met Beck but I also have never met someone who had good things to say about him. There are so many reasons why this isnt right and should never have happened but the republican party political side of things makes sense to me even though its as corrupt as can be. I would hope with the spike in license fees the F&G would consider putting our money to good use like fighting for the rights of the law abiding sportsmen. I think if we could get enough support on this issue it would force the F&G to take up legal action to fight this. I might try to see if any of the local news stations would dare run with this story and build up some awareness and pressure. I dont know what else to do outside of that. If I ever win the Lottery I promise I will front all the money necessary to take this up the ladder. Ha. I appreciate the help and advice. Thanks
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Less than a dozen streams in Idaho were put in and classified under navigatable waters, the snake being one of them, but the rules are very cloudy on that part. I learned the hard way that allot of rivers and streams don't fall into that clause even though they are plenty big to float a 6" Log
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I continue to fish in there regularly in the spring because I guess I'm almost hoping for a confrontation. I had a problem like this in 2007 near Glenns Ferry on the Snake during duck season and the F&G actually set up a sting with 2 officers. The landowner harrased the officers and got in all sorts of trouble. Wished F&G would have done something similar, but as mentioned, it sounded like a corrupt deal all around anyways and their hands may have been tied. I've met a lot of wardens and they all seemed interested in protecting our rights to access, especially those 2 from Mtn. Home/Jerome
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Fish and game actually tried to charge him with harassing sportsmen. But it got put on the back burner until the civil suit was settled. Since the judge ruled in favor of Beck the harassment charges were dropped.
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