Fishing Forum

I don't know how many of you got the post register today, but on the front page it had an article stating that Judge Tyngey ruled that Gem Lake Harbor is "private property". Now I will admit that I have not read the entire article personally (yet), but as I've been told it basically says that since there is not an entry point that a boat can access, and an outlet, that portion of water is not navigable. Therefore since Becc owns the land under the water, it can be deemed private.

After researching it some myself, the definition of navigable waterways in Idaho is that a log 6 inches in diameter can float through an area at high water or at high water a recreation watercraft, including canoes or kayaks can access either by paddle or motor. Since a boat can get access to, motor around and then back out, even if it is via the same point, wouldn't it still be navigable? There are also several points on the federal level that would support this view. Here are a couple links to them.

http://www.nationalrivers.org/states/id-law.htm
http://www.americanwhitewater.org/resour...tatute.htm

There are many others. I don't know about you guys, but I'm putting together a couple emails to send out to the Fish and Game, the State Attorney Generals office (they ruled on this 5 years ago on this body of water), and I also found that Idaho Department of Lands has a Navigable Waterways Program with several regional contacts, the local one I've already sent an email to (Heath Hancock hhancock@idl.idaho.gov 208-525-7167). Anyone else have insite on this issue or willing to let your voice be heard by our representatives on this?
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Youre correct with the boat entering and exiting line of thought. Looks to me like Beck went to a Judge that owed him a favor or two and got it passed. Should get interesting when the other agencies get involved and it is set straight. End of the day if that self rightous POS Beck didn t want people so close to him he shouldn't have bought property right on a public river. Guy is a wast of air.
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The Idaho attorney general has already came out and said the water Beck say's is his is naviagable water thus not Beck's. Emails to the Idaho Atty general need to be sent.

I also agree with the earlier post on sending emails to him.

Also there needs to be a support fund setup to help fight this issue and the poor guy who has to pay Beck's $300 an hour shysters.

Bottom line he had the money to get the case heard by a judge they knew would support Becks side.

I think a few Sat Nite boat parties on the lake outside of his house would be good. Also some early morning fishing with the stero on loud and honking of the boat or air horns would be a nice way to start out the morning.

Bottom line we need to band together to fight this. I will be glad to help. I will call over to a friend in Boise to find out who in the atty general office to contact.

Also F&G needs to be a part of this fight.[fishon][mad]

[bob][bobmad]
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[quote Belasko]it basically says that since there is not an entry point that a boat can access, and an outlet, that portion of water is not navigable. [/quote]

Where's this Gem Lake Harbor you need tested for access?


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I believe that you need a permit from the corp of engineers to take water from a federally protected water.Ill check with them tuesday if no permit its a federal violation.It must be nice to have a judge in your pocket,but they are not the last word.People like beck think nobody can touch them.They are easyto catch with thier pants down.I have found that the most dangerous person to people like beck is a private citizen, we scare the hell out of them with what we can do and its legal and they cant touch us!
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I live in Twin but I have friend over there that has been keeping me up to date on this! He has fished this cove several times from his boat! He tells me that now there are signs saying you can't even go up river with a boat!
Must be nice to not only have lawyers in your back pocket but it sounds like a Judge as well!
The only way to get this POS BECK put in his place, is to get the att generals office involved and the IDFG as well.
Not sure what I can do but I'm willing to send letters or show up and voice my opinion!
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I'll email the attorney general. Let me know if there is anything else I can do to help.
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Where is this gem lake harbor?
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Just north of Gem Lake Marina . On the Snake River . In south Idaho Falls . Curt G.
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ok! thought it might be on American Falls res. General area but not where i thought it was. Dude sounds like a huge P.O.S. Glad i can defend the rights of the ignorant. Its my Yob...... I say someone starts a forum with all the info to send letters, emails, and/ or anything to get this guy put in his place (and keep it at the top of the forum page)..
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what a joke!!!!!! email on its way
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any more info on this?
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Sorry for the slow update on this. I sent an email to the guy in this region for navigable waterways. I got a reply saying they were aware of it but had not yet made an official decision on how to proceed but they would let me know when they do. I also heard from a reliable source that apparently when the icefisherman was harassed about his being on the pond this last time he looked into suing Beck for the harasment. Apparently at some point Beck had communicated with the State Attorney General after the prior event and gotten information that said he had to do certain things that could lead to the waters being considered private. I don't know what those things were or if they have been done but that may be part of the recent ruling. I also sent a letter to Fish and Game but have not yet heard back from them, which isn't unusual. The last time I had a question for them it took about 2 weeks. I'm going by the regional office today to put in my controlled hunt apps, maybe they will shed some light on it. I think my next letter will be to the AG though.
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Thanks for all you are doing Belasko!
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Just finished writing an email to the Idaho Attorney General on this particular issue. I figured people on here would be interested in what was sent and maybe use it to start their own research into it and write their own letters. Feel free to use bits and pieces of it if you feel it would help your own letters.

[size 2]I saw the article in the Post Register a couple weeks ago stating that the Gem Lake Harbor is considered "non-navigable" according to Judge Tyngy (sp?). I am having trouble understanding how he came to this conclusion based on what I have found regarding water access laws and what constitutes a "navigable waterway in Idaho.

First off, around the first part of June 2006 the Attorney Generals office of Idaho issued an opinion on this very body of water regarding a similar issue that led the the latest ruling. In it Deputy Attorney General Steven Strack cited federal and state cases (I never could find the specific ruling documents) to rule that since the land under Gem Lake Harbor was willingly allowed to be inundated by the landowners the water itself, which is part of the navigable waterways of the Snake River, it is not trespassing so long as those persons are on the water and stay off the lands surrounding said waters. I also found several other laws that would apply to this. What I personally feel is very pertinent is the state of Idahos definition of a navigable waterway. State code 58-1201 (a)which basically says For purposes of recreational use, Idaho statute defines navigable streams as "any stream which, in its natural state, during normal high water, will float cut timber having a diameter in excess of six (6) inches or any other commercial or floatable commodity or is capable of being navigated by oar or motor propelled small craft for pleasure or commercial purposes." When I last entered the harbor in question I was able to take a 16 foot aluminum boat with a 35 HP outboard into this area with no problems of any kind. I am beyond certain that a six inch diameter piece of lumber could easily do the same, clearly making this a navigable waterway. Also Idaho Code § 36-1601(a)& (b) states that Recreational use of navigable streams is authorized “within the meander lines or, when not meandered, between the flow lines of ordinary high water thereof, and all rivers, sloughs and streams flowing through any public lands of the state shall be open to public use as a highway for travel and passage, up or downstream, for business or pleasure, and to exercise the incidents of navigation - boating, swimming, fishing, hunting, and all recreational purposes.”

Additionally at the federal level there is the Equal Footing Doctrine. This doctrine as I understand it states that all navigable waterways are held in trust by the state and that they can not be sold or given away. Additionally "rivers cannot be closed or partially closed to appease adjacent landowners, or to appease people who want to dedicate the river to fishing only, or to make life easier for local law enforcement agencies."

I was able to find several other laws and rulings that could affect this particular issue, but in none of them does it state that just because a landowner dug out an area, let it be flooded by water from the navigable river, that the public would not be allowed to access the water in all areas that can be reached by watercraft thereby barring them from using it as a recreational area.

As a citizen of Idaho I value my recreational access and opportunities here. So when a single well funded person in this state can get a ruling that seems to so clearly violate numerous state and federal laws I have to question what is going on. If you could shed any light on this issue I would greatly appreciate it.
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Hopefully I'll get a reply before too long.
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Nice letter. I assumed after all that was done the last time this issue was taken up that we had settled law on the right of way for boaters and the fact that is was indeed navigable water. I believe the irrigation district backed the land owner and lost. The case was pushed forward by the IDFG and was settled by the AG. The fact that most of the land owners have boat docks and boats that frequently use the entrance of the water flow as a boating access to the river would certainly prove this water to be navigable. The water is also wholly owned by as a unit by the possessors of the water rights and state granted rights for the river. If this water is non-navigable should it even enter Beck's property?
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Hey Belasko Brandon here.I am a new member i just signed up today! I was reading the discussion on the gem lake harbor controversy and thought maybe i could shed a little more light for anyone who wants to know more. I should know more about it than anyone since I am the one thats been fighting with Beck over this bogus deal.I think its very cool you guys are interested in getting something done bout this bs and would like to help supply a little more info. Thanks for your letters to the AG as i think it is what needs to happen to get something done here. The public needs to let their voices be heard!
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