Ask the Conservation Officer (CO)

by Gary Hompland, Regional Conservation Officer Question: "I am a landowner living along one of the large canals in the Magic Valley. My property includes the canal and land on both sides of the canal. The canal company has an easement and an access road across my property to maintain this canal and its control structures. Why do hunters continue to trespass onto my property and drive on the canal access roads?" Answer: I'm not sure I can fully explain in this column why people violate the law, but I will try to explain why some feel they have the authority to drive the canal roads and hunt waterfowl and upland birds. For many years landowners allowed the locals kids to hunt along the canals after the water was shut off. This has been due in large part to the generosity of landowners. In this area, most of the canals flow through private property. The canal companies maintain an access easement with the landowners for maintenance of the canal and its water distribution structures. There are no rules that allow trespass onto private property without permission from the landowner for bird hunting or anything else. The canal companies have no authority to allow public access on canal roads. In many cases the canal companies have posted signs along canal roads indicating they are not open to the public. Many landowners have also posted no trespassing signs on the canal roads where they cross private property. If the adjacent fields are not cultivated farmland then they must be properly posted with no trespassing signs in order to prosecute a hunting trespass. Fish and Game conservation officers or the county sheriff can investigate trespass claims and issue citations for trespassing onto private property or hunting violations. The trespassers are generally long gone by the time officers respond to calls and arrive at the private property. To help officers identify a subject for prosecution, a landowner must obtain information such as a license plate and a physical description of the subject and his clothing. Some canals on the north side of the Snake River such as the Richfield, Northside, or Milner-Gooding canals cross large expanses of public land, most of it administered by the Bureau of Land Management. A Federal law enacted in 1866 allowed the canal companies to develop and maintain waterways and canals for agriculture. This law conveyed management authority to the canal companies for the property along the canal corridor. In other parts of the region, canals and roads are owned by the United States Bureau of Reclamation. The public would generally have recreational access to Bureau of Reclamation canals for hunting. Many canal roads across private property are easements for official canal company business only, and are not open to public access. Unauthorized use by the public without permission by the landowner is a trespass. To determine ownership along canals and canal roads contact the county assessor in the area in question. Reference Idaho Code 18-7008, 18-7011, 36-1602, 36-1603. If you have any further questions you may call the Magic Valley Regional Office of the Idaho Department of Fish and Game at (208)324-4350 or e-mail us at the Fish and Game web site at www2.state.id.us/fishgame.