ELR Citation: ELR 20472
(Idaho Dist. Ct. Jun 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, ID 83340

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

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