Wa State River Access Laws

[Bareback]

The Klick is classifieds as non navigable…… and yes, there are some cranky land owners on that river, tired of trespassers.

[jackelope]

The Klick is classifieds as non navigable…… and yes, there are some cranky land owners on that river, tired of trespassers.

The Klick is navigable according to the US gov. Bottom of page 5:

https://boat.wa.gov/wp-content/uploads/2021/07/FederalNavigableWaters.pdf

[NWBrute]

The Klick is only considered navigable one mile from the mouth

[NWBrute]

here is more info regarding shoreline access https://apps.ecology.wa.gov/publications/parts/1106010part9.pdf

[jeffro]

I’ve never had a problem, anywhere, in any western state
I’ve been approached.
But maybe my chest rig .44 mag changed their attitude

[CAMPMEAT]

Look at who wrote the laws. An appointed lefty or a voted in person !!

[fireweed]

And the answer is...confusion.
I have researched this for years.  Here is a good resource: https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Shoreline-laws-rules-and-cases/Public-Trust-Doctrine

Shoreline access is a bit like corner crossing--everyone has an opinion but nobody really knows.  From what I have researched, only the COURTS can decide if a stream is navigable or not, and each stream is decided on an individual basis based on how/if it was used for commerce at the date of statehood (like floating logs).  Deeds and titles that talk about owning to the center of the river or the bottom of the river DO NOT necessarily mean the public cannot walk below the high water mark.  The public trust doctrine gives the public a right "like an easement" to use the beds and shores of navigable waters even if the title is privately held.  The government never really had the right to sell the public trust interest in using the waterway.  For private tidelands the courts have not definitively decided if the public can walk below the high water mark (especially if fishing) since the state constitution talks about navigation and fishing.

[boneaddict]

Holy moly!   Thank you for all of the great discussion. 

[salmosalar]

The Klick is classifieds as non navigable…… and yes, there are some cranky land owners on that river, tired of trespassers.

Those landowners are using the government entities determination. The first 1 mile has been classified as a federally navigable river for the purpose of Army Corps of Engineers jurisdiction. I am sure that this is what is being cited. The classification ending 1 mile up likely stems from that being the location that ACE cares to have jurisdiction. That location can change as well. A good explanation can be found here: https://www.nap.usace.army.mil/Portals/39/docs/regulatory/regs/33cfr329.pdf

The ACE determination of navigability is separate from any Clean Water Act definition. It is also separate for access purposes, which is a state by state issue.

The state interpretation of it being navigable is the one that matters. Generally, that has been the standard of whether a bolt of shingles can be floated down it. Washington state courts have been very inclusive with regards to what water bodies are navigable. Clearly the Klick is navigable by state standards. In general, if you can float it, it is likely to meet the Wa standard for being navigable and you can access up to the ordinary high water mark.

The Ecology guidance posted with regards to tidelands is quite different from what I have ever known. I will dive in to that a bit more when I have time.

[blackveltbowhunter]

Whenever these threads come up I am reminded of the movie The Patriot, when Mel Gibsons character says " Tell me why I should trade one tyrant a thousand miles away, for three thousand tyrants one mile away." I suppose the answer is there is always an opportunity to become one of the tyrants. 

[Bareback]

The Klick is classifieds as non navigable…… and yes, there are some cranky land owners on that river, tired of trespassers.

Those landowners are using the government entities determination. The first 1 mile has been classified as a federally navigable river for the purpose of Army Corps of Engineers jurisdiction. I am sure that this is what is being cited. The classification ending 1 mile up likely stems from that being the location that ACE cares to have jurisdiction. That location can change as well. A good explanation can be found here: https://www.nap.usace.army.mil/Portals/39/docs/regulatory/regs/33cfr329.pdf

The ACE determination of navigability is separate from any Clean Water Act definition. It is also separate for access purposes, which is a state by state issue.

The state interpretation of it being navigable is the one that matters. Generally, that has been the standard of whether a bolt of shingles can be floated down it. Washington state courts have been very inclusive with regards to what water bodies are navigable. Clearly the Klick is navigable by state standards. In general, if you can float it, it is likely to meet the Wa standard for being navigable and you can access up to the ordinary high water mark.

The Ecology guidance posted with regards to tidelands is quite different from what I have ever known. I will dive in to that a bit more when I have time.

25 years ago I may have been in a similar confrontation with a land owner on the Klick. I crossed the river in a tail out. Walked up river to fish a hole and had some guy come out of the bushes like grizzly sow. I just left to avoid conflict. Later date in that drainage I ran into an LEO and asked for confirmation on trespass, which was (paraphrased), an owner owns to the middle of the river and I could be ticketed for wading and even anchoring off shore of private land.

Unfortunately, there’s some much grey area, the definition is up to interpretation of law enforcement and judges. Both of those scenarios would only cost me money.

[fireweed]

And remember rivers MOVE.  At statehood the beds and shores are owned outright by the state.  If a river moves, then the state can own high and dry land and a private individual can own the bottom of the river.  This does not mean, however, that the private landowner can kick people off the riverbed or shoreline.  Once while fishing where the WDFW owned one side and a private owned the other the river moved way over onto the WDFW side.  The private landowner, who claimed his deed said he owned to the center of the river, was now claiming ownership of about 10 more acres, and the ability to kick out anglers.  Neither of which was true!

[85yota]

Very interesting as my brother, a west side fowl hunter has been looking into this, this is what the gamie or sherif told him.. high water mark, is public. Now on long flat sections that could be 100 yards of bank, or 10 feet if its steep. He said if the river changes through someone's land, they own the land locked property but high water mark rules still apply and he can duck/geese hunt on the corresponding banks.. Leo said they get tons of call every year from angry homeowners when guns start blazing. Leo was very confident in this, but this trend seems to have opened a can of worms

[jackelope]

Very interesting as my brother, a west side fowl hunter has been looking into this, this is what the gamie or sherif told him.. high water mark, is public. Now on long flat sections that could be 100 yards of bank, or 10 feet if its steep. He said if the river changes through someone's land, they own the land locked property but high water mark rules still apply and he can duck/geese hunt on the corresponding banks.. Leo said they get tons of call every year from angry homeowners when guns start blazing. Leo was very confident in this, but this trend seems to have opened a can of worms

This is only true to a degree. With this, you could make an argument that the entire Snoqualmie valley floor is below the high water mark.

[85yota]

Very interesting as my brother, a west side fowl hunter has been looking into this, this is what the gamie or sherif told him.. high water mark, is public. Now on long flat sections that could be 100 yards of bank, or 10 feet if its steep. He said if the river changes through someone's land, they own the land locked property but high water mark rules still apply and he can duck/geese hunt on the corresponding banks.. Leo said they get tons of call every year from angry homeowners when guns start blazing. Leo was very confident in this, but this trend seems to have opened a can of worms

This is only true to a degree. With this, you could make an argument that the entire Snoqualmie valley floor is below the high water mark.

No that is flood water, and clearly private property, high water mark, from what I understand without googling, is essentially the high river water line, under normal conditions, not flood. And in that particular drainage it's clear where the top of the bank is, and what would be considered flooding.. but I understand your point