Ask the Conservation Officer (CO)

by Gary Hompland, Regional Conservation Officer The third column in a series about the history of the Southern Idaho Fish and Game Association in the Magic Valley relives the drama and danger of the landmark Idaho Supreme Court case designating Silver Creek as a navigable stream and open to public access. In earlier columns the Rock Creek hatchery and production of sport fish for anglers was a primary focus of the Southern Idaho Fish and Game Association. Once the hatchery was turned over to the College of Southern Idaho, Association members turned their focus to sportsmen access to angling streams. The Association brought a law suit over public access to Silver Creek and won a drawn-out legal battle against Picabo Livestock Inc. This historic legal decision was ultimately resolved in the Idaho Supreme Court. Part of the efforts to prove Silver Creek was a navigable stream and open to the public required Association members to float certain sized (diameter greater than 6 inches) logs down the stream to a point of sale or use. The physical aspects of floating the logs took several years and many attempts to accomplish. Larry Drexler recalls during one attempt to float logs down Stalker Creek; a tributary of Silver Creek, he was confronted by a "cowboy with a gun." The cowboy said his boss told him he would lose his job if anyone floated logs down the stream and the cowboy poked his gun into Drexler's chest. Fortunately Sheriff Orville Drexler, Larry Drexler's cousin, intervened. Cooler heads prevailed and no logs were floated that day. On September 19, 1967 the float was successful by Don Zuck, this time without the interference of the cowboy. Don floated logs down Stalker Creek to the confluence of Silver Creek where he joined other Association members floating logs down Loving Creek and Grove Creek. Association members floated down Silver Creek to near the U.S. Highway 20 Bridge where they were threatened with trespass by Mr. Purdy of the Picabo Livestock Inc. They pulled the logs and ended the float that day. The following spring Don Zuck and Bill Halberg resumed the float with two logs from the original float and four additional similar-sized logs. This float began at the U.S Highway 20 Bridge and ended at the Priest campground. A notarized statement from Zuck indicated he used a 12 foot aluminum boat to shepard the logs downstream. At the end of the float the Jerome Rod and Gun Club purchased four of the logs for $6 to build tables in the Priest campground. The Idaho Supreme Court decision was filed June 22, 1974, more than six years after the floats began. For its service to Idaho sportsmen in winning the Silver Creek Access, the Southern Idaho Fish & Game Association was awarded the coveted "President's Conservation Award" from the National Wildlife Federation. The preceding accounts were taken from a brochure written by Lorayn O. Smith called "Southern Idaho Fish and Game Association: History." 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 http://fishandgame.idaho.gov.