06-14-2013, 02:20 AM
Gem lake harbor was constructed in 1989. It was a former gravel quarry that was owned by Doyle Beck. Beck obtained water rights from IDWR (Idaho department of water resources) for recreational purposes and dug the hole. The water right he obtained was good to divert water from the snake river at a flow of one cfs. He then hooked it to the snake river by an open channel 100 foot wide. It was supposedly approved by the corps of engineers(though I have not seen proof of it).Neither agency approved it to be a private waterway. In 2006 deputy attorney general Steven Strack(natural resources division) was asked to determine if the waters within the harbor were subject to public use. He determined the water was open to the public for a number of reasons one being that the water within the harbor was not the sole property of mr. beck. If Beck was only pulling the amount of water approved, the harbor would be less than an inch deep. Instead it was hooked to the snake river by means of an open channel which he determined was navigable under Idaho law and allowed the waters of the snake river to fill it.Under Idaho law "when the water of a natural waterway is impounded in a man made reservoir, the impounded waters are subject to the public right of navigation even where the underlying lands are privately owned". The harbor is considered an extension of the snake river and the public right of way follows the water.There is much more facts into this however i cannot write it all in one post so I will quote the summary of Stracks decision.
"In short, Idaho statutes and decisions recognize that where a landowner causes or allows his land to be inundated by navigable waters, the public right of way follows the water. The owners of Gem Lake Harbor voluntarily allowed the inundation of their property by the navigable waters of the Snake river, and must accept the public rights that are inseparable from navigable waters. Therefore, persons accessing gem lake harbor by means of the navigable "outlet" are not trespassing on private property. The public right of access, however, applies only to the water itself. The adjacent property owners may exclude persons from entering upon any portion of the upland property".
Like said before there is much more going on with this that all support Stracks decision, however judge Joel Tingey ruled the harbor private recently. The federal government also supports Stracks decision and when it comes down to it they have the final say. Federal government actually owns the public rivers in every state and is given to the states in trust for the public. No state can create laws that take away from the public nor can they make laws that contradict the laws the federal government already have set. Every single bit of research I have done on this support the fact that this is public water and believe me I have done my research. Both the state and the federal government support this yet judge Tingey ruled it private! I hope this gives more insight to concerned sportsmen and feel free to ask any questions you may have that I have not yet covered. There is much more to know and I have all the answers.Please ask away!
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"In short, Idaho statutes and decisions recognize that where a landowner causes or allows his land to be inundated by navigable waters, the public right of way follows the water. The owners of Gem Lake Harbor voluntarily allowed the inundation of their property by the navigable waters of the Snake river, and must accept the public rights that are inseparable from navigable waters. Therefore, persons accessing gem lake harbor by means of the navigable "outlet" are not trespassing on private property. The public right of access, however, applies only to the water itself. The adjacent property owners may exclude persons from entering upon any portion of the upland property".
Like said before there is much more going on with this that all support Stracks decision, however judge Joel Tingey ruled the harbor private recently. The federal government also supports Stracks decision and when it comes down to it they have the final say. Federal government actually owns the public rivers in every state and is given to the states in trust for the public. No state can create laws that take away from the public nor can they make laws that contradict the laws the federal government already have set. Every single bit of research I have done on this support the fact that this is public water and believe me I have done my research. Both the state and the federal government support this yet judge Tingey ruled it private! I hope this gives more insight to concerned sportsmen and feel free to ask any questions you may have that I have not yet covered. There is much more to know and I have all the answers.Please ask away!
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