Water Navigability Laws

[YoungFowler]

Question about Washington state law regarding entering public waterways. Idaho has a pdf explaining how if you enter at a public crossing and stay within the high water mark it is ok. I can't see to find anything like this for washington. Is there a similar WAC for this? Thanks!https://idfg.idaho.gov/sites/default/files/fishing-boating-access-right-of-way-fish-id-2016.pdf

[spadebit]

Most public crossings, fox example a bridge has a buffer zone in case they want to widen the lanes in the future.  Those zones may vary by county laws, but typically it is public access. 
As for the navigable water, as gray of an area it is... staying at or below the hwm at least shows you are making the effort.  In my experience it depends where you are.  Westside counties are a different animal than most out east.  No one is going to take away your birthday, worst thing that can happen is a landowner calls the sheriff and if you within the hwm...you're good to go.  Google the rcw but keep in mind a lot of them are dictated by county rules and regs especially if it deals with irrigation waterways. 

[EWUeagles]

If you have a question about a specific area I highly recommend contacting fish and wildlife or talking to the LEO in your area. Laws in Washington can vary by lake so it's tough. My understanding is high water mark really only applies to the river system. Every time I have reached out I get a pretty quick responses. It's way better than listening to some random dude on the internet.

[KFhunter]

On my property deed it states clearly that I own the river bed to the center of the main channel of water.   If you touch shore, you're trespassing.   
Technically if you float by on a tube and bump your butt on a shallow rock... you've trespassed.   

Now, no one is going to enforce you bumping your butt on a rock as you float by       but the property owners are sick of tubers getting out and trashing their place, so if you climb out on shore (even well below the high water mark) you're trespassing and you'll be confronted.   

It didn't used to be that way except for a few crazy property owners, but people suck, and thus have ruined it for good people who aren't out to trash private property by leaving garbage, needles, drug paraphernalia, dropping deuces on the beach, ...etc etc etc.  all the crappy things sucky people do.   

Just last week I had a dude climb out and crap in the bushes where I frequently walk     So now I'm thinking of a way to discourage that behavior, I think a strong electric fence is the answer, one of those 100+ mile fence chargers with incredibly high joules will keep people from crapping on my property.  I'm also thinking of a mean bull behind that fence.

[spadebit]

Do you live near the border?  I know of a few waterways in this state up north that have this deed.  Most dating back to the late 1800s. 
Been called out for anchoring on a landowners "river" as he called it.  Came with his .44 too.  The Sheriff laughed and said they would never enforce such a thing unless someone gets onto land and for example drops a deuce or worse. 

[EWUeagles]

I bet he lives on the Kettle River. I know that's a super popular floating location. I know creeks operate the same thing and have had a couple conversations with land owners when I was younger.

[7mmfan]

There are a few river in the state that have deeds like that. Unfortunately I've found most of them the hard way. I agree with KFhunter, that it didn't used to be as big of a problem, but crappy people ruin it for everyone. It is best to follow up with local LEO to try and get a feel for the specific area you're curious about.

[ASHQUACK]

Only thing I can add is that saltwater is even worse. With all the different ownerships and commercial clam and oyster beaches. That compiled with no shooting ordinances and whiny landowners...ugh..

[YoungFowler]

Thanks for all the input guys! I'm heading to college last year and am leaning toward University of Idaho, and of course the duck hunting options near by. I asking specifically about rivers on the Washington side, such as the Palouse. But I think if that's where I end up, I'll have to call the sheriff and confirm.

[Boss .300 winmag]

That’s going to be a hard one to hunt, pretty much surrounded by private property with low water levels so not navigable by boat.

[fireweed]

This is a real touchy area---however, the current rulings assert the public has the right to traverse below the ordinary high water mark on navigable waterways (like where logs or shake bolts were floated in the past) regardless of who owns the bottom or what the deed says.  Most Law enforcement doesn't understand the details of the public trust doctrine, however.  The strongest statement on the issue comes from the state of Washington, department of ecology. 

https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Shoreline-laws-rules-and-cases/Public-Trust-Doctrine

[7mmfan]

This is a real touchy area---however, the current rulings assert the public has the right to traverse below the ordinary high water mark on navigable waterways (like where logs or shake bolts were floated in the past) regardless of who owns the bottom or what the deed says.  Most Law enforcement doesn't understand the details of the public trust doctrine, however.  The strongest statement on the issue comes from the state of Washington, department of ecology. 

https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Shoreline-laws-rules-and-cases/Public-Trust-Doctrine

That is tough. As I read that, it is in regards to water body itself, not the river bed. Meaning you can navigate a watercraft on navigable waters regardless of who owns the substrate. It would be a stronger case if it stated use of the waterway below the high water mark by boat or on foot.

[YoungFowler]

That’s going to be a hard one to hunt, pretty much surrounded by private property with low water levels so not navigable by boat.

Forgot to add that I hunt out of a kayak. Do you think it is navigable with a yak?

[Boss .300 winmag]

That’s going to be a hard one to hunt, pretty much surrounded by private property with low water levels so not navigable by boat.

Forgot to add that I hunt out of a kayak. Do you think it is navigable with a yak?

Look at it when you get there, you’ll see what I’m talking about. Very small river, a lot of the birds would be falling on the land on either side of it.

[YoungFowler]

Ok, thank you for the info!