Simple ingenuity using steel cables with rope “danglers” strung across Wyoming waterways could help lower the temperature on disputes between landowners and floaters, such as one brewing near Pinedale.
The Sheridan Community Land Trust (SCLT) has already used floater-friendly fences in its Big Goose Natural Area near Sheridan, which is open for public recreation.
SCLT Director of Recreation Jared Koenig told Cowboy State Daily that he hopes the model can be applied across Wyoming and other states.
As the popularity of floating creeks and rivers increases, either to fish or just for pleasure, tensions between landowners and floaters are bound to heat up.
That’s what’s happened over access to a natural waterway that connects Pine Creek and the New Fork River near Pinedale.
That brewing fight has even caught the attention of legendary Wyoming outdoorsman and fly fisherman Jack Dennis.
A spat brewing between anglers and a landowner over a natural water channel connecting Pine Creek and the New Fork River near Pinedale could reflect a growing trend of tension between landowners and floaters across Wyoming. “It’s symbolic of greater issues,” legendary Wyoming fly fisherman and outdoor businessman Jack Dennis told Cowboy State Daily. (Courtesy Photo) 
Controversy has been stirring regarding a channel connecting Pine Creek and the New Fork River near Pinedale. Anglers have used the channel to move boats between the creek and river for years – but now some are alleging that a landowner there is blocking it off. (Courtesy Photo) 
Controversy has been stirring regarding a channel connecting Pine Creek and the New Fork River near Pinedale. Anglers have used the channel to move boats between the creek and river for years – but now some are alleging that a landowner there is blocking it off. (Courtesy Photo) 
Controversy has been stirring regarding a channel connecting Pine Creek and the New Fork River near Pinedale. Anglers have used the channel to move boats between the creek and river for years – but now some are alleging that a landowner there is blocking it off. (Courtesy Photo)
Wyoming Water Access Law Confusing
Dust-ups between floaters and landowners, like the one near Pinedale, might be due in part to confusion over Wyoming’s rules regarding public access to waterways.
For example, the decades-long standard is that any navigable channel is essentially a public waterway, “from high water mark to high water mark” on the opposing banks, Koenig said.
That includes the streambed, he added.
Contrary to popular belief, it’s not trespassing to get out of a watercraft and set foot on the bottom in shallow water of a navigable channel, even if both banks are private property, he said.
It’s also illegal to place a fence or any other barriers across a navigable waterway, just as it would be to put a fence across a public roadway.
The catch is, the waterway must meet Wyoming’s definition of “navigable,” Koenig said.
That’s calculated by a flow of at least 10,000 cubic feet per second during the first week of July.
Only a handful of Wyoming’s biggest rivers, for example the North Platte River and Bighorn River, meet that criterion.
Otherwise, there isn’t a state statute specifying whether it’s legal to build fences across waterways that don’t meet that criteria.
And that’s caused lots of confusion, Koenig said.
Near Pinedale, the quarrel over access to the channel is steeped in confusion, because while the New Fork River is considered to be navigable, Pine Creek apparently isn’t, local flyfishing legend Jack Dennis previously told Cowboy State Daily.
However, since New Fork River water flows through the channel toward Pine Creek, it’s raised the question of whether the channel qualifies as part of the river’s navigable designation, Dennis noted.
‘Danglers’ Might Be The Solution
In the channel near Pinedale and similar spots, floater-friendly fences might help lower the temperature, Koenig said.
Landowners rightly want to keep their livestock contained with fences, and floaters don’t want fences blocking their passage.
The rope “danglers” coming down off floater-friendly fences might solve the problem for everybody, he said.
Apparently, the ropes, dangling vertically down toward the water, are enough to deter livestock animals from trying to pass through. For the critters, they create the visual illusion of an impassible barrier.
But boats, kayaks, float tubes and other small watercraft can easily pass through.
What’s more, so can most floating debris, which prevents waterways from getting clogged up by debris piling up against fences, Koenig said.
Floating Is Here To Stay
Outdoor recreation is a rapidly growing segment of the economy in Wyoming and neighboring states, SCLT spokesman Chris Vrba told Cowboy State Daily.
“Water recreation, floating, is an untapped recreation resource in Wyoming.”
But it can’t be ignored, as evidenced by ever-increasing numbers of residents and tourists alike take to the waterways, he said.
That’s why getting ahead of the curve in mitigating potential conflicts between floaters and ranchers is so important, Vrba said.
Floater-friendly fences are one way to do that. And also, better signage along more popular floating routes, such as the Bighorn River near Thermopolis – can remind people to respect private property along the banks, he said.
As for Wyoming statutes governing public access, there still remains much to update and clarify as people flock to rivers in ever-greater numbers, Koenig said.
“Technically, when a river floods, you can go anywhere the water goes. Does that mean I should be able to float through your yard? Can I go cross-country skiing on a frozen creek through your property? Is that legal?” he said, noting some questions that will eventually have to be answered.
Mark Heinz can be reached at mark@cowboystatedaily.com.
