2005 Idaho Code - 36-1601 — PUBLIC WATERS -- HIGHWAYS FOR RECREATION

                                   TITLE 36
                                FISH AND GAME
                                  CHAPTER 16
            RECREATIONAL TRESPASS -- LANDHOLDER LIABILITY LIMITED
    36-1601.  PUBLIC WATERS -- HIGHWAYS FOR RECREATION. (a)  Navigable Streams
Defined. Any stream which, in its natural state, during normal high water,
will float cut timber having a diameter in excess of six (6) inches or any
other commercial or floatable commodity or is capable of being navigated by
oar or motor propelled small craft for pleasure or commercial purposes is
navigable.
    (b)  Recreational Use Authorized. Navigable rivers, sloughs or streams
within the meander lines or, when not meandered, between the flow lines of
ordinary high water thereof, and all rivers, sloughs and streams flowing
through any public lands of the state shall be open to public use as a public
highway for travel and passage, up or downstream, for business or pleasure,
and to exercise the incidents of navigation -- boating, swimming, fishing,
hunting and all recreational purposes.
    (c)  Access Limited to Navigable Stream. Nothing herein contained shall
authorize the entering on or crossing over private land at any point other
than within the high water lines of navigable streams except that where
irrigation dams or other obstructions interfere with the navigability of a
stream, members of the public may remove themselves and their boats, floats,
canoes or other floating crafts from the stream and walk or portage such
crafts around said obstruction re-entering the stream immediately below such
obstruction at the nearest point where it is safe to do so.