[kyle]

I have a question regarding the this park in Thurston Co. which resides inside weyerhaeuser company property. I live out by this park and it has been closed to the public for years I guess. I have been trying to gain access to these falls to take pics and throw a fly. For some reason the county deems this park to dangerous to the public, like its any more dangerous than climbing Mt. Rainier, or hiking the Elwa Grand Canyon. I want to know if it is legal for me to access the Deschutes downstream on weyerhaeuser land and wade upstream into the county park. As long as I don't step foot on land I am legal correct.
Thanks for anyhelp.

 

[Steve Saville]

The State owns the water, the County owns the land under the water. It's kind of like beach rights. It's a technicality but who's going to call you on it? It is trespassing however.

 

[wetline dave]

A quick search of Wahington Navigable waters will shed some light. Basically the State owns the shoreline and the stream bed. The water if listed as navigable comes under the authority of the Federal gov. and if not navigable comes under the control of the State.

In that the park is closed then it is trespassing. If the park you are reffering to is downstream of the Old Hwy 99 bridge on Capitol Blvd then the water is closed to fishing and then you are in violation of fishing laws and trespassing.

Dave

 

[kyle]

From what I have been reading all waters are considered navigable, as long as it is navigable for the purpose you intend, ie. wade, float etc. It says even if there is obstructions like waterfalls dams and what not. Also "State governments (through state courts and legislatures) cannot reduce public rights to navigate and visit navigable rivers within their borders, but they can expand those rights, and some states have done so."
So from what Im reading I can wade legally and I can even stand on shore as long as i do not go above the high water line. I guess theres one surefire way to tell and that to see if someone gets mad. lol

 

[Jim Wallace]

Go for it. I had been launching at a "public launch" that involves an easement going over some property that changed hands and is now completley owned by a group that doesn't like the easement. The owners (a "sportsmans' club") have tried to tell me that I can no longer use this easement, but the easement still exists. I checked up on this. They are lying to me...trying to buffalo me away from using this place. I have found that they try to use this tactic on everyone.
I am going to continue to use this launch (won't mention it on any forum) and just tell the bullshitters that I know they are lying and trying to violate my civil rights, and that I might have to take them to court and sue their asses off if they bother me any more.

 

[Salmo_g]

Kyle,

I've never been to the Deschutes Falls County Park. I read that the County closed it because they consider it dangerous and they have no money to make any improvements there. There is some rough terrain around the river channel near the falls, and you may not be able to just wade up the river to the falls. Nonetheless, the county park is still public land even though it is closed. It seems like it would be difficult to "trespass" on public land, but you would be in violation of the park closure. More important I think is the safety consideration. A kid who was part of a group camped there last winter, and probably drinking; anyway he apparently wandered over to the falls during the night and fell in the canyon and died. I wouldn't tell you not to go there since it's public land, but you might want to be careful.

Sg

 

[kyle]

I will be carefull. Like I said it is more dangerous than anywhere else in washington. Im sure it was a knee jerk reaction to solve a problem, some poeple got hurt and to make people happy they closed the park. THey are talking of reopening it with saftey measures which Im sure means they are going to try and ruin the natural beauty of the place by putting ugly steel fences up along the top so people cannot fall in. Salmo_G the park is not really that dangerous, especially if you are already at the bottom of the little canyon, and the waterfall is not really that big.

 

[wetline dave]

Kyle

Check the regs., page 43!!

If I read them correctly the river is closed downstream of Capital Blvd.

Dave

 

[kyle]

Dave thats what I read too. However Im not talking anywhere near Oly/tumwater area. THe Deschutes Falls county park is way up stream in the middle of weyerhaueser tree farm out near my house past yelm. Its close to where the Deschutes and little Deshutes come together.
Kyle

 

[wetline dave]

Well I got Tumwater Falls Park mixed up with Deshutes Falls Park.

I have fished up there but I'll be darned if I can remember the park on the upper river. Maybe I need to go and refresh my memory!

Dave

 

[kyle]

It used to be a park long ago apparently. I guess money fell short and they couldnt afford the upkeep. I guess kids no and again go up there and party or fool around and injure themselve or are killed unfortunatley. So they put the park off limits. It drives me crazy to have something so awesome and so close to my house. Its about for miles back from the weyerhaueser gate. Im pretty sure though from all my reseach you can wade from down stream. I have sent an email to the parks comissioner and asked her about it. Ill let you know what she say. Im pretty sure its considered navigable waters so...we'll see.

 

[billkendrick831]

I used to go there when stationed at Ft. Lewis in86-87 and it was a cool little spot.Skinny water for sure from what I remember,a nice little 15-20 falls?I couild see someone going over that little rock.There was some decent mountainbiking and some climbing in the fossil rock area too.I think that whole area was called the bald hills as it was mostly denuded from clearcuts back then.Seems like I tried to get back there again some years later and the park area had No trespassing signs all over so I never went back there.