Page 1 of 1

Public Rights on River

Posted: Tue Aug 13, 2019 7:56 pm
by ljjohnson
Subject: Pend Oreille River. New land owner on Pend Oreille River is chasing long time fisherman off of his sandbars and river banks that is 9 feet below high water mark, 75 feet distance from normal high river mark.This landowner makes sure everyone knows he has plenty of money to litigate. Would appreciate anyone who could refer me a good attorney to stop this action against us. Seems like Sheriff's office is taking is side based on his deed of trust? I was under the impression that federal law superseded deeds of trust? Am I wrong?

Re: Public Rights on River

Posted: Fri Aug 16, 2019 6:35 am
by 4n6fisher
See attached link, also look up the old thread "public fishing rights in every state". http://courts.mrsc.org/mc/courts/zwashr ... rt0662.htm

We had this discussion after a homeowner on the Samish threatened to pull a gun on me!

Re: Public Rights on River

Posted: Fri Aug 16, 2019 2:15 pm
by kodacachers
Idaho has a law directly on point in its Fish and Game laws. Look of 36-1601. That should convince the Sheriff. Federal law would use a different definition of navigability than this Idaho law.