04-12-2018, 05:15 AM
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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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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