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Tree blocks disputed Kettle River span
Spokesmanreview.com ^ | Friday, August 22, 2003 | Benjamin Shors

Posted on 08/22/2003 5:06:23 PM PDT by bicycle thug

Landowner says tall pine fell; agency reports it was moved with backhoe

Either God or Harold Honeycutt dropped a pine tree into the Kettle River this week.

The snag spans the river in front of Honeycutt's house, effectively stopping boaters from using the river.

Honeycutt, who has fought to keep boaters off the river, denied that he felled the tree.

"Let them prove it," the 72-year-old retired tavern owner said. "It makes no difference anyway. It's on my property."

The tree is the latest controversy in an ongoing battle over who owns the river -- and who can use it. Ferry County officials have received complaints that property owners shot over canoes, chased kayakers down the river and harassed and intimidated other river users.

In an attempt to settle the issue, the county prosecutor sided with the public last week, arguing that boaters have a right to use the water.

Honeycutt and others contend that a 1925 ruling gives them authority to ban floaters from using the water.

The Kettle River is one of Washington's most remote bodies of water, swerving back and forth across the Canadian border. In recent years, it has attracted a growing number of weekend visitors.

Honeycutt's property lies just south ofthe Canadian border, about two miles from the tiny town of Orient.

He blames boaters for trashing his land, blocking his driveway and frequently threatening him. For more heated confrontations, he has taken to wearing a .38-caliber revolver on his hip.

The fallen log, he said, was a fortuitous event. He tacked no-trespassing signs on the tree.

"All I'm doing is reacting to some of their actions," he said, adding "there's a possibility of a public land war."

According to the county sheriff, U.S. Fish and Wildlife reported that someone used a backhoe to move the tree. The federal agency investigated because the tree may have altered the flow of the river, an issue that falls under federal jurisdiction.

Sheriff Pete Warner said he planned to enforce the county prosecutor's decision. His office has received reports of Honeycutt threatening people with a handgun, but he has not been able to substantiate the complaints.

"It's a sad state of affairs that people can't use the public water," he said. "I haven't seen any evidence of garbage along the river."

But he said the law may be difficult to enforce. The sheriff's office has only five deputies, and its headquarters in Republic is 60 miles from Honeycutt's land. But as the issue becomes more visible and contentious, Warner said his office will be forced to deal with it.

"He's taken it another step now," Warner said about Honeycutt. "I don't know where this is all going to end up. But we have to take some action."

Boaters say that several property owners -- not just Honeycutt -- have chased them off the river.

Outside the town of Curlew, Doug Barnes also says another tree has fallen across the river. He warned that if boaters portage around the log, they will trespass on his land.

He strung two hangman's nooses on a cross in front of his property and took out a newspaper ad in the Republic News-Miner warning uninvited floaters that they would be treated as intruders.

The threats have scared many people off those stretches of the river, said Tim Coleman, a local conservation leader.

"Everybody's just a little worried about being the victim," he said. "A lot of people don't go down that stretch."

County prosecutor James von Sauer was unavailable for comment Thursday. His deputy, Michael Sandona, said his office is prepared to enforce the law. His office received several calls supporting the decision.

Honeycutt said he has only reluctantly taken on the role of river enforcer.

"The sheriff's department can't handle the public as it is," he said. "I'm sticking to my guns."

?Benjamin Shors can be reached at (509) 459-5484 or by e-mail at benjamins@spokesman.com.


TOPICS: Culture/Society; News/Current Events; US: Washington
KEYWORDS: propertyrights; rightoftravel; river; washingtonstate; whitewaterrafting
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There is a photo of the river and the tree at the newspaper homepage link in the story link on the top of the local headlines, but I can't view source at this library computer to post it right now. I would link directly to the story in this post, but that triggers a request to do a free registration to get it.
1 posted on 08/22/2003 5:06:23 PM PDT by bicycle thug
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To: farmfriend; Carry_Okie
ping
2 posted on 08/22/2003 5:07:08 PM PDT by bicycle thug (Fortia facere et pati Americanum est.)
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To: bicycle thug

No problem.

3 posted on 08/22/2003 5:18:38 PM PDT by Normal4me
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To: Normal4me
That would do the trick, but this old guy would come a running at the sound of that being fired up.

Quality bow or pruning saws could take out the tree as it looks in the picture. Then you could white water on downstream to make your get away. (I'd use a lookout too. I would bet he is well armed.)

Hey, I respect this guy's private property rights, but rivers have always been a travel easement. His piano is tuned way, way too tight IMHO.

4 posted on 08/22/2003 5:25:52 PM PDT by bicycle thug (Fortia facere et pati Americanum est.)
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To: bicycle thug
The use of rivers for travel by the public has a long history behind it. If we wants to keep people off his property above the normal high water line. That his bussness but to block the use of the river is wrong.
5 posted on 08/22/2003 5:30:33 PM PDT by riverrunner
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To: riverrunner
In the caption below the picture in the story link at the paper it says the large signs on the fallen tree are warning away trespassers. The guy is a real fussbudget he is.

I'd hate to see this guy get any handheld ground to air missles. If he is that irrational about river travel, he isn't likely to like airplanes flying over either.

6 posted on 08/22/2003 5:37:31 PM PDT by bicycle thug (Fortia facere et pati Americanum est.)
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To: bicycle thug
I know this sheriff. He used to work at the Shipyard in Bremerton in the Design Division. A real stalky muscular guy from Australia that is now a US Citizen. Real nice and I am sure fair guy.
7 posted on 08/22/2003 5:45:44 PM PDT by microgood (They will all die......most of them.)
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To: bicycle thug; AAABEST; Ace2U; Alamo-Girl; Alas; amom; AndreaZingg; Anonymous2; ApesForEvolution; ...
Rights, farms, environment ping.

Let me know if you wish to be added or removed from this list.

8 posted on 08/22/2003 7:48:41 PM PDT by farmfriend ( Isaiah 55:10,11)
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To: riverrunner
AMEN BROTHER! Any free flowing stream below the high water mark is public property... And there's a ton of case law to prove it! Here in Montana we've had HUGE influx of the beautiful people buying up property all over the state, and they can't stand the thought of someone floating the rivers, never getting above the high water, through what they perceive to be their private stream.

P*ss on these people! It wasn't but a couple of weeks ago, a bunch of folks, including state legislators, sent Huey Lewis a loud message on the Bitterroot in Western Montana... You don't own the river pal, never did, never will... Anything below the high water mark is public, up to any including sloughs, oxbows, and islands flooded at different times of the year, and you can access at any public point via a public road, including bridges.

Down on the Ruby, we've had the Hollywood types attempt to fench off and deny access via public roads, in effect creating their own private trout streams. All of them have had their asses kicked in court... My advice to these elite is move to Europe, they see things different over there, and we ain't changing here...
9 posted on 08/22/2003 8:12:46 PM PDT by gatorgriz
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To: riverrunner
"The use of rivers for travel by the public has a long history behind it."

Along with the law, both natural and statutory.

In the lower 48, the only exception that I'm aware of is on lands that are part of old Spanish land grants here in Texas. In these cases, the landowner actually owns and can restrict traffic on the river.

Thus, in places, canoe travel on the Frio, e.g., is blocked by barbed wire fences.

The flip side of this perfectly legal right to use the waterway is a responsibility on the part of the canoist/kayaker to respect property rights of the landowners and at least pick up after themselves.

Canoeist yourself, I gather from the handle. Whereabouts?

10 posted on 08/22/2003 8:24:05 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE.)
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To: riverrunner; Phil V.; Grampa Dave; farmfriend; Carry_Okie; eldoradude; budwiesest; Boot Hill; ...
"My name is yon yonson, I come from visconsin..."

Yeah right! We've got you kayakers out here droppin their little boaties in every little puddle they can find in August, tryin to claim "navigable" status in every little seasonal stream running through private property they can find.

That's only so's they can go running to the courthouse screaming "Waters of the United States... Waters of the United States... Waters of the United States!!! Reminds me of Gomer Pyle yellin at Barney Fife... "Citizen's Arrayest... Citezen's Arrayest... Citizen's Arrayest!!!

My favorite is a commercial whitewater rafting guide yelling at a riverfront property owner that put up a "Private Property-No Trespassing" sign... Saying disgustedly, "Your property's not PRIVATE!"

Let's face it. You recreational boaters are just another beligerent special interest group with a chip on your shoulder trying to hide behind an ancient shipping law, right?

11 posted on 08/22/2003 8:54:32 PM PDT by SierraWasp (You are watching the Liberal monopolized California government collapse on it's own folly!!!)
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To: farmfriend
BTTT!!!!!!
12 posted on 08/23/2003 3:07:59 AM PDT by E.G.C.
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To: SierraWasp
Living along a river is no differant than living along a Highway. The use of public right away is well known. I might be a canoest. But Iam also a river front property owner. Matter of fact I use to own over a mile of riverfront. Until force to sell it to the national park service under the wild rivers act. I know a bit about water and right aways.
13 posted on 08/23/2003 4:55:45 AM PDT by riverrunner
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To: SierraWasp
The Kettle is not a 'seasonal stream'. I've camped along it(Canucklehead side of the 49th), and can assure you that it is a real river.

This Yosemite Sam Honeycutt is way out of line.
14 posted on 08/23/2003 8:34:09 AM PDT by headsonpikes
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To: SierraWasp
(Guitar): GGGCG....
(Banjo):GGGCG....
Repeat a couple of times..........

Deliverance Bump!

15 posted on 08/23/2003 8:40:20 AM PDT by budwiesest (Gladly: The cross-eyed bear.)
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To: Normal4me
Exactly...problem solved
16 posted on 08/23/2003 9:11:28 AM PDT by hattend
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To: bicycle thug
Here's the pic


17 posted on 08/23/2003 9:14:28 AM PDT by FreedomPoster (this space intentionally blank)
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To: SierraWasp
Take a look at the picture just above. That doesn't say "seasonal stream" to me.
18 posted on 08/23/2003 9:17:50 AM PDT by FreedomPoster (this space intentionally blank)
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To: SierraWasp
You hit the nail on the head!
19 posted on 08/23/2003 10:10:33 AM PDT by countrydummy
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To: gatorgriz; SierraWasp; riverrunner
While I can understand that you may have a few of such things happening by "elite" landowners, not all of us that owns riverfront property are "elite". To me this whole article is purposefully making this man out to be some kind of nutcase, because he owns river front property and because he owns a gun!

With that said, I imagine this man is sick and fed up with polluters of the stream/river....dirty diapers, used femine products, broken wine, liquior and beer bottles, and McDonald bags and such......on his property and in the stream as well! Why do I know that he may very well feel this way, because I own River Front Property and am far from being elite! And as such consider myself to best the best steward of said land and river!

Float away, just stay off the man's property! And keep it clean (the river)!
20 posted on 08/23/2003 10:22:37 AM PDT by countrydummy
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