Gem lake harbor

[Belasko]

I talked to the fish and game in I.F. last week and learned that d/t the judges ruling at this time they are bound to enforce the laws as they currently stand. That being said they did not sound like they were real thrilled about the current state of things. When asked as to whether the Fish and Game are going to do anything about it I was told that the issue is being "discussed by the powers that be" in Boise. He then said that I should just keep an ear open for more to come from this thing. In the mean time it sounds like anyone in there would be cited for trespassing until this thing is worked out further. In the mean time Beck would have to want to press charges on each an every person that goes in there. As for accidentally navigating into the harbor you would be very hard pressed to do it. I suppose if you haven't seen any of the headlines on this story and you know what the federal and state laws are regarding water navigation rights. In that case I would guess the County Sherriff would probably issue a warning unless Beck really made an issue of it.

As for rest of the points made in this thread about the laws and this case in particular they are exactly what I have found as well. As already mentioned I'm still floored as to how judge Tingey came to the ruling he did given the very clear explanations, and prior rulings on similar issues in Idaho. I think given time (if people want to continue the legal battle) the courts will rule that it's open to public navigation in which case I'll go back to fishing the harbor or Beck will be a spoiled brat and fill the whole thing in at that point. Either way in the long term I can't see how higher courts would uphold the current standing.
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