Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Novabonker]

http://www.cbc.ca/news/canada/british-columbia/story/2012/04/04/bc-fishing-ranch-dispute.html

[typhoon]

Holy inflamatory headline batman.
The lake is private. The government recognizes it and do not stock it - instead it is stocked by DLR.
They have a right to prevent local yackasses from fishing it.

[Novabonker]

Ranch manager Joe Gardner says the lakes are surrounded by private property and only the middle of the lake is public because the once tiny body of water has been enlarged, spilling onto private land.
PUBLIC
1.
of, pertaining to, or affecting a population or a community as a whole: public funds; a public nuisance.
2.
done, made, acting, etc., for the community as a whole: public prosecution.
3.
open to all persons: a public meeting.
4.
of, pertaining to, or being in the service of a community or nation, especially as a government officer: a public official.
5.
maintained at the public expense and under public control: a public library; a public road.

McGowan argues that Kroenke may have flooded his own land, but that doesn't change the status of a public lake.

By the twisted logic, if I buy the surrounding land to a public use area, I can deny access and enhance it or do as I wish.I can also dump logs on a PUBLIC road to keep the hordes out. Yep - that's twisted.

[typhoon]

As far as I know all lakes in B.C. are public waters. If they don't have public access then they are effectively private lakes. Corbett Lake is a perfect example.

"But while they insist the road is public and their only access to a public lake, the provincial government disagrees and has told them the ranch can lock the gate, blocking access"

The road is private. DLR can do whatever they want with their road just like thousands of other landowners in this province.
How would you like it if I cross through your backyard and use your barbecue?

[skaha]

-- It amazes me that so many people comment on this with such certainty.. they must have access to the deed, title and possible lease agreements between the Ranch and the Crown.
-- Each case would have to be settled and judged on its own Merritts. (I think that's a pun)

--As we must be well aware by now even if a court settlement brings some certainty about these particular lakes and road,  the government can always change the law or tenure agreements.
--Herewith is my plug for how well Private, Public partnerships work when it comes to government business... Many early deeds and leases were drawn up on behalf of the crown by private lawyers rather than public servants. Each lawyer drew up these agreements using words which they felt best described the intent of the agreement. Apparently some did a better job than others in creating certainty of ownership and rights. The point is there was no one consistant form in these early agreements thus many have carried on for many years with assumed rights that may or may not have been intended. These assumed rights were not  challenged or changed when sold to a more current deed or lease agreement. Similar issues have arisen from early timber and mineral claims and forms of tenure.
--I am not even considering what may have occurred by error of judgement by various ministry officials in their interpretation of these rights and privileges nor even if they had authority to do so.

--I can only assume the intent of the protest is to precipitate a legal challenge or initiate a negotiation and clarification of the status of the lakes and road in question.

[typhoon]

I have no reason to be certain since I have no involvement with any of the parties in this issue. Given the information available in the article it the ownership of the land, the access road and the lake is clear (DLR, DLR, public).
Since I don't really care I have no reason to get access to the deed, title, or lease agreements.
And this has nothing to do with PPPs so you may now hop down off your soapbox.

[speycaster]

Those fish belong to the DLCC, taking them is no different that taking cattle of public range. Both were bought and paid for by DLCC. I can not abide thieves. next they will be looking at new pickups with the DLCC logo on them. There have not been public stocking of those lakes for at least 36 years that I know of and I am old enough to remember when the public last had access to the lakes in question. Some people in Merritt probably want a new venue fot their ice fishing derby, attendance may have dropped off at the old location.

[absolon]

As far as I know all lakes in B.C. are public waters. If they don't have public access then they are effectively private lakes. Corbett Lake is a perfect example.

"But while they insist the road is public and their only access to a public lake, the provincial government disagrees and has told them the ranch can lock the gate, blocking access"

The road is private. DLR can do whatever they want with their road just like thousands of other landowners in this province.
How would you like it if I cross through your backyard and use your barbecue?

The provincial government, or at least an area manager for roads, turned the asset over to the ranch in order to avoid the requirement to maintain it. There was no remuneration given by the ranch to the public purse for the acquisition.

[Sandy]

questions come to mind ?

When was it made legal for any person to dump fish into a public lake?

If maintenance was handed over, did that include title to the roadway or the RTW? what did we get for it? I'm told the GA has no record of a sale.

What happens when an individual dams the outlet of a public lake without permission?
 
Why is it bullies like this get away with what they do?

Fact is the lake is public/crown property, wonder what would happen if FN decide to fish it?

When was the Great state of DL created ?

Used to have a great working relationship with DL as did most other co users in the area that is until Gardner appeared on the scene.


As for Corbett , is it true they have subdivided and are selling lots with a share in the ownership of Corbett lake? how can they sell shares of a public lake? the land is private but the lake is not , it does have a hatchery licences and is legal for them to put fish into the lake. Has Government sold the lake?

My concern is that the precedent may be or be set and there are 100's of lakes and rivers that may well be removed from the publics' access or the rights to fish them.

[speycaster]

Lots of lakes in BC are impoundments created by ranchers for water supply, Barnes ,Tunkwa, Leighton and a lot more. Minney and Stoney are no different. Most of the great rainbow trout fisheries in BC in the 1930s to 40s  were created by some local dumping fish into sterile bodies of water.