Thanks again Todd for your prompt reply!

I am having a little problem understanding what you had just posted. Can you "walk" me though this one more time and explain to me how this is legal under the U.S. Supreme court ruling of "Equal Footing Doctrine"?

It has been my understanding that the state's public trust ownership of a river is not diminished where a river flows through a National Forest, National Park, Wild and Scenic river, or other "federal land"-- the river is still "held in trust" for public navigation and recreation by the state (one would think that this would also include "federal reservations" also since they too are also under government control and Jurisdiction!

Federal agencies can regulate the development of and beside the river, and they can regulate commercial trips (because they are commerce not navigation) (does this sound like guiding to you?).

They can also prohibit certain types of navigation, such as motors, where motors would conflict with the public-trust enjoyment of the river. But regulations on non-commercial, non-motorized trips are subject to the subject's paramount right to navigate and visit the land along the river up to the ordinary high water mark.

Limits on such navigation-- such as a river "permit system" on a river flowing through federal land-- must be at a level that is supported by the majority of those requested spaces within the limits. And the federal courts have repeatedly ruled that limits must be administered so that space is no less available noncommercially than it is commercially.
Ok, how far am I off?

Please take some time, before you give us your relpy to these questions. Thanks again Todd for for giving us your opinion!


Cowlitzfisherman