Letter to Land and Water Board Members
Dear Idaho State Board of Land Commissioner and State Water
Resources Board Member:
In 2005 Mike and Sandra Marinac of
On Sept.16, 2008 I accompanied IDWR regional supervisors
Terry Blau and Tom Bassista as they inspected 900' of barbed wire
fence, belonging to four different property owners.
These fences were constructed for the sole purpose of
preventing fishermen and boaters from access and egression to the
Big Lost River (The Reilly Fence). After consulting with upper
management, a letter of Unauthorized Fence Placement with pictures
was sent to Mr. John Reilly on Feb.6, 2009. That letter and
other documentation we
discovered can be viewed at
http://votingpeoplehelpingpeople.com/freedomriver.aspx
The water in the IDWR pictures was at 200cfs.
The letter is unequivocal in IDWRs' position that the fence is below
the OHWM. But in an early April meeting Mr. Reilly and
subdivision developer Mick Halverson told IDWR field staff that they
may consent to replacing the bottom three strands of the 50'
of barb wire that crosses a section of the river with smooth wire.
Communications from IDWR indicate that this may be acceptable to
IDWR Legal. That will not be acceptable to the
Please see especially page 4, Paragraph 3 “…State owns…formally
submerged lands….”
And page 3, paragraph 3 “The core element of the State’s public
trust responsibility is that the State may not abdicate it’s
responsibility for submerged lands”
Of concern to the Idaho Land Board is the fact that the river has
meandered back and forth up to 200' in that area over just the last
15 years, as shown in the photos of survey maps at part II of the
link
http://votingpeoplehelpingpeople.com/freedomriver.aspx
In descending order the photos of the survey plots show the 1993
Rukavina plot, which became the identical 2000 Marinac plot.
The bottom photo is the 2005 Reilly plot. The NORTH running borders
match in all three, as does the line running towards the bridge,
N65* 00' 00". The fence is constructed along these two lines as
shown in the Halverson Detail map. It should be obvious how far the
river has meandered, destroying "it's value for agricultural
purposes", placing the whole basin both below the OHWR
and
within the ownership of the
state’s public trust
resources
The Farm Service Agency aerial survey photos in part III of the
link show a greater amount of meandering from 1955 to 2004 in
descending order.
The final set of photos, taken now, with the river at 100cfs, show
how far it has meandered in 3 years. That's a five foot cut bank.
Lifelong residents and observers of the rivers meanderings believe
that when the river moves south another 50’ it will take out 300-500
feet of fence, depositing it in the channel, creating a strong
potential for injury or death to anglers. With that wire below the
OHWM does the IDWR become liable? Or is it the responsibility of the
Land Board who holds title to submerged lands?
This is not just the story of a greedy few stealing 15-20 acres of
State land. It’s the story of one family’s generosity in donating
$250, 000 worth of riverfront property to the public contrasted
against the greed of a real estate developer with a long history of
scoffing at the law. We wait to see if the highest offices in the
land will side with generosity or greed.
These fences are the issue in Mackay. The same hubris that
allowed for the construction of the fences allows for the aggression
of adjoining property owner towards tourists: This markedly affects
the tourist dollars not spent in and around town. Originals of all
documents are available to Mr. Chamberlain in Challis and Arco. The
above is all public knowledge now.
Mindful of your full schedules we have kept the color commentary to
a minimum. That will be available when a Board member contacts us.
Thank you for your time.
Sincerely
Bob Demorest, Mackay, Idaho, 208-588-3100, bobdem1776@yahoo.com
Calvin Leman, Salmon, Idaho, 208-756-4104,
calvin_leman2001@yahoo.com