Private land

David Dalan

69°19'15.35" N 18°44'22.74" E
#16
Technically correct--the Shoreline Management Act governs any flowing water in the state over (I believe) 20cfs...so it's pretty much all of them. Counties were given the option to opt out certain waters. There's a list on the Dept. of Ecology's website somewhere. The act creates a public easement up to the Ordinary High Water Mark.

But--law enforcement are very uneducated when it comes to the SMA, and the law is old and has grey areas that haven't been fully established in case law. I've talked to local sheriffs that claim they've kicked people out of the Kalama because there are some landowners who have the river bed deeded. Similarly, there's a small stream here in Vancouver where the sheriffs regularly kick people out of the river who are legally fishing.

We haven't reached the point that Montana and Utah have where their water rights are being challenged by Real Estate developers and landowners with deep money. We will eventually. When it happens, it's a dice roll on where anglers land in a fight that will take time and money. In the meantime, I advise people to treat landowners with as much respect as possible, don't litter, and education before confrontation.


Good overview of SMA http://www.ecy.wa.gov/programs/sea/sma/st_guide/intro.html

2011 WAC by ecology noting which rivers in which counties they consider "shorelines" f the state. http://apps.leg.wa.gov/wac/default.aspx?cite=173-18

If I'm below the OHWM and I get a ticket...I guarantee I'll take it to court ;)
 
#17
There was a landowner on the little spokane river near where I lived when I was a teenager that would throw a fit when she saw me wade through her backyard. I argued about highwater marks, but soon learned she was correct(one of the few navigable rivers owners can own the streambed), but this brand new tool was available, the internet, that allowed me to look up the property lines and print them out. The next outing I stood well back of her property line and cast my flies into the sweet spot well on her property. She came out and threatened to call the cops. I said go ahead. The sheriff deputy showed up hot, ready to bust some punk kid trespassing, but I calmly pulled the property lines out, showing I legally accessed the river from a public bridge and was standing where I was allowed too. He had no choice but to reluctantly concede I was correct, and even chewed out the homeowner for wasting his time. She hollered about me catching her "pet trout she feeds every day". I wondered why the fish were so big in that stretch. I made it a point to fish there almost daily just to piss her off. The funny thing is, if she wasn't so rude to begin with, and had explained the "pet trout", I would've just said"sorry ma'am" and moved along. She must've been a coastal transplant.
 
#18
There was a landowner on the little spokane river near where I lived when I was a teenager that would throw a fit when she saw me wade through her backyard. I argued about highwater marks, but soon learned she was correct(one of the few navigable rivers owners can own the streambed), but this brand new tool was available, the internet, that allowed me to look up the property lines and print them out. The next outing I stood well back of her property line and cast my flies into the sweet spot well on her property. She came out and threatened to call the cops. I said go ahead. The sheriff deputy showed up hot, ready to bust some punk kid trespassing, but I calmly pulled the property lines out, showing I legally accessed the river from a public bridge and was standing where I was allowed too. He had no choice but to reluctantly concede I was correct, and even chewed out the homeowner for wasting his time. She hollered about me catching her "pet trout she feeds every day". I wondered why the fish were so big in that stretch. I made it a point to fish there almost daily just to piss her off. The funny thing is, if she wasn't so rude to begin with, and had explained the "pet trout", I would've just said"sorry ma'am" and moved along. She must've been a coastal transplant.
Hey hey now easy in the wet sider comments... more like a Bay Area transplant if ya ask me!

My buddies and I were tubing the little Spo one fine day when we got chased (literally) through the woods as we fled from a land owner brandishing a 22 long barrel. We were a LONG way from take out and several had abandoned tubes in the flight. In shorts sneakers no shirt I camo'd myself with mud streaks and a snuck back to recover the tubes. The crazy F was in the woods nearby hollering "I heard you! I'm gonna find you!" etc... But, yeah, he didn't, and I got all the inner tubes back and fled downstream since all his hollering and thrashing about gave me such a bead on HIS location.
 
#19
Haha. I think I know that guy, except he chased(literally) me and some buddies off the river and through the woods with an ax. I think the crazy bastard would've used on us too.
 
#20
Haha. I think I know that guy, except he chased(literally) me and some buddies off the river and through the woods with an ax. I think the crazy bastard would've used on us too.
I had the same feeling, like he was f'd in the head and would have actually fired if he'd been able to get a bead.

Just bullshit they can own that river bed.

I used to fish it on that church property. Great at the right time of year, other times great whitefish habitat. You know what I'm talkin bout.

Ever go way up in that crick and fish where it's a spring creek? Knocked a door or two up there got access and had a few small fish but they didn't seem representative of what should be in that habitat. Feel free to PM if the answer is TMI.
 

10incher

Active Member
#21
Hey hey now easy in the wet sider comments... more like a Bay Area transplant if ya ask me!
Hey, hey now. Easy with the Bay Area comments... Not all of us came with $$$ from selling a big house, bought a prime piece of land, cut all the trees down and build a foam trim McMansion on it. Only to spend one drizzly year and decide it's just the "summer home". I think these are the worst offenders. But some of us came as renters to be near family, have a trade license and set up a small business in contracting. I've been here seven years and you couldn't drag me from here back to the Bay Area on the worst day in February.

Love the story though.
 

Kent Lufkin

Remember when you could remember everything?
#22
. . . The funny thing is, if she wasn't so rude to begin with, and had explained the "pet trout", I would've just said "sorry ma'am" and moved along. She must've been a coastal transplant.
I loved your post right up until the last couple sentences which I'm hoping was a feeble attempt at humor. If not, it's worth a gentle reminder that we're all in this together and that drawing Us vs. Them comparisons isn't helpful. But I'll bet you already knew that!

K
 

Flyborg

Active Member
#23
I loved your post right up until the last couple sentences which I'm hoping was a feeble attempt at humor. If not, it's worth a gentle reminder that we're all in this together and that drawing Us vs. Them comparisons isn't helpful. But I'll bet you already knew that!

K
I'm mostly with you there, but honestly. Sometimes it's all I can do not to say, "listen, fucker. I know where you live and I like fire." I try to preach a calm approach, but some people are just beyond rationality.

Passion runs deep with regards to natural resources. It could be argued that it's a physiological instinct; many species, but especially humans, war for eternity over the use of available resources.
 
#24
Hey, hey now. Easy with the Bay Area comments... Not all of us came with $$$ from selling a big house, bought a prime piece of land, cut all the trees down and build a foam trim McMansion on it. Only to spend one drizzly year and decide it's just the "summer home". I think these are the worst offenders. But some of us came as renters to be near family, have a trade license and set up a small business in contracting. I've been here seven years and you couldn't drag me from here back to the Bay Area on the worst day in February.

Love the story though.

Ya know, that part of my reply was totally kidding around. Ya could have kept it going by pointing the finger at east-coast transplants... ;)
 

Old Man

Just an Old Man
#25
I had an old bitch scream at me one time when I was fishing the S/F of the Stilly. I was up river from the first bridge up from Verlot. She was hollering at me and my buddy to stay off of her property. Hell I was well below the high water mark. I just told her to shut up as we weren't on her property. We left but she kept screaming at us.
 

Salmo_g

Well-Known Member
#26
I'm astonished that a landowner apparently can get away with brandishing a firearm at a trespasser. Aside from Texas, I don't think trespassing is a capital offense. Really? Do they think they're going to shoot a trespasser? "Yep, Deputy, I shot that there fisherman dead cuz he stepped foot on my property." I'm not looking to get shot, but what sort of dimbulb landowner thinks that's a plausible defense? From what I've been reading, outside of my house, I cannot even brandish a weapon unless a perp is threatening me.
 

Peyton00

Active Member
#27
I'm astonished that a landowner apparently can get away with brandishing a firearm at a trespasser. Aside from Texas, I don't think trespassing is a capital offense. Really? Do they think they're going to shoot a trespasser? "Yep, Deputy, I shot that there fisherman dead cuz he stepped foot on my property." I'm not looking to get shot, but what sort of dimbulb landowner thinks that's a plausible defense? From what I've been reading, outside of my house, I cannot even brandish a weapon unless a perp is threatening me.

Lots of weirdos out there.... so the gun comes into play and common sense is gone. Now somebody is dead and somebody else isn't at home enjoying life, they are now dealing with courts, attorneys and money/time going down the drain. The story could go either way..... its sad that we all cant get along during our very short time on planet earth.
 
#28
My best suggestion is to do what I have always done. If I am going to a certain river for the first time. Lets say the Yakima for example. I will find out first where I know I can fish. Once I am down there I will do some recon then. That way I get to do some sort of fishing and also recon for other potential spots for next time.
 
#29
If I ever see someone on my property and I want them gone I will flex my rights to bare arms. Where the wrong lies is when a landowner actually points the firearm at the person. I would like to know if these landowners actually pointed the gun at the person or simply demanded the person to leave with a firearm visibly at there side with the muzzle pointing at the ground or the air. If this is the case then the property owner was within there rights because they were simply carrying openly which is legal in the state of Washington.