02-27-2010, 04:56 AM
[quote scorsi][quote jigs]apparently they have to allow access along the salmon but not to the tributary we were on. [/quote]
So my understanding is that if a water is navigable you can use it. This is just something I've heard is that if it can float a six inch log during high water it is navigable. Is this the case? So almost any stream with fish would be navigable. So my second question is this: are there some exceptions like this case where they can block access to a stream? I mean totally like not let you walk on the river bed.
I hate the attitude some people have that they are the only ones who should be allowed to fish or use the river or think they are smarter than everyone else and that everyone else is destroying the resource.[/quote]
We fought a case based on the law of navigable water to fish the Gem Lake Pond in Idaho Falls. Several conditions must be present to allow you access. The navigable water must be part of water that flows to or from State or Federal Waters. As you described it must be about 6" to float a log or canoe. You must remain below the low water mark. I believe Mr. Beck was very unhappy at our success! My hat is off to Tom who did most of the leg work back and forth between the Irrigation District Rep. Mr. Rigby, The F&G office in I.F. the Idaho State Attorneys General and the Sheriffs Dept. Access was upheld all the way to Boise! The effort now allows for our continued access to the Gem Lake Pond!![[Image: dumb.gif]](http://www.bigfishtackle.com/images/gforum/dumb.gif)
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So my understanding is that if a water is navigable you can use it. This is just something I've heard is that if it can float a six inch log during high water it is navigable. Is this the case? So almost any stream with fish would be navigable. So my second question is this: are there some exceptions like this case where they can block access to a stream? I mean totally like not let you walk on the river bed.
I hate the attitude some people have that they are the only ones who should be allowed to fish or use the river or think they are smarter than everyone else and that everyone else is destroying the resource.[/quote]
We fought a case based on the law of navigable water to fish the Gem Lake Pond in Idaho Falls. Several conditions must be present to allow you access. The navigable water must be part of water that flows to or from State or Federal Waters. As you described it must be about 6" to float a log or canoe. You must remain below the low water mark. I believe Mr. Beck was very unhappy at our success! My hat is off to Tom who did most of the leg work back and forth between the Irrigation District Rep. Mr. Rigby, The F&G office in I.F. the Idaho State Attorneys General and the Sheriffs Dept. Access was upheld all the way to Boise! The effort now allows for our continued access to the Gem Lake Pond!
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