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Southern Idaho Fish & Game Ass'n v. Picabo Livestock Co.

Citation: 2 ELR 20472
(Idaho Dist. Ct., 06/15/1972)

An owner of land under a patent expressly "subject to vested and accrued water rights for mining, agricultural, manufacturing or other purposes" may not bar members of the public from using the stream for fishing and boating purposes. The state ought to regulate fishermen's use of a particular stream, but even in the absence of such regulation, the land owner cannot prevent members of the public from using the stream.

Counsel
Edward Heap
P.O. Box 349
Ketchum, Idaho 83340

Benoit & Alexander
Bank & Trust Building
Twin Falls, Idaho 83301

Anderson, Kaufman & Anderson
503 Idaho Building
Boise, Idaho 83701