This goes back a long time. Back in the 1970's the WDFW was granted an easment for the purpose of fishing. The owner of the pit has repeatedly blocked access to fishermen by locking a gate or posting the property. The site is just downstream of the I-5 bridge near the Vader Ryderwood exit, mile mark 59 on I-5. This is not the boat launch almost under the bridge, it is the legal access at the Wallace gravel pit.

See old thread below.

http://www.piscatorialpursuits.com/forum...ff_gives_o.html

I had gone down there to test the waters back in this time period, 2002-2003, one to see if I could catch anything, and two, to make sure that a paid for easment was accessible. Got in one time, and another time the gate was locked.

Anyway, last week I received a call from the assistant attorney general's office, specifically Jim Schwartz, asking about my experience down there. Jim has asked that anyone who has fished down there, or has tried to fish down there give him a call 360-586-4034. He would like to hear from you on your experiences.

Thanks

P.S. Bob Reid, aka Cowlitzfisherman, if you are still out there, sorry for being a dick on this issue when I first saw it. My apologies. Access to rivers is very important, so thanks for your previous efforts.

Actually, the easement site still exists, right in the middle of their pit. The folks at the pit expanded the pit and effectively eliminated the easement. It wasn't due to flooding. Aerial photos overlayed with the easement show that. There was gravel bar access back when I went down there in 2003 or 2004. Not sure exactly when I went down there.

If they knowingly destroyed the easement, make a new one. If they wish to have the easement eliminated, pay for it so the WDFW can put that money into another easement.

Andy I agree with what you saw back then. I too found the gate locked at times as well.
We hooked fish there,just had to get a little jiggy with it.....Os

I'm sure the Wallace family has a lot of good people in it, never said anything to besmirch their name. We have a few gravel pits over here in GH County owned by good families. I bank most of them.

I can also understand that the Wallace family is concerned about the safety and security of their crews, as well as anyone else who should enter onto the property. Nobody wants to see anybody get hurt or killed, but if there is an access easement, that contract needs to be honored. If there needs to be an end to the contract, then so be it, but there needs to be some sort of settlement. My guess is that this information gathering process is part of that settlement.

Osprey, jigs don't work.

I tried to go in there 3 or 4 times years ago. Locked gate each time.

The Wallaces may be good people, and they may have their reasons, but frankly that's irrelevant. They have locked the public out of a public place bought and paid for with public funds. Now if the Wallaces want to refund the $30,000 with 40 years of accrued interest and pay a penalty for theft of public property, then hey, no problem.

Sg

The attorney general would like to hear from any of you that had access problems in the past........I will bump up Bobs post from G F

Its always interesting hearing everyone's opinions n understanding of facts. The easement started at the gate n went westerly across the property, ending at a patch of nice fir trees on the river bank. I've been wondering for along time what happened to the trees? Just where this easement got washed out has me baffled. One only needs to look at old D n R aerials n Google Earth 1990 n present for the changes. Sometimes the crappiest spots make for some of the best fishing opportunities. As far as all high bank, no gravel bars, logs,snags n all the fish go up the other side! 2MANY it has me to believe you don't want any company or your getting all your understandings from someone else. Why in the H... would we want too give up any public access we have even if it's "CRAPPY" Thanks for somebody's attempt to save the banks on the lower right away, concrete slabs n rip rap has been placed over the years. I'm glad WDFW is finally getting off there ASS n addressing this. My memories n opinions come from driving in to use property in the 70's. Than watching access being taken away over the years. This be Tony Jones n I'm sticking too my facts.

If this actually ends up in court (or settlement is reached out of court) and the owners lose I hope that WDFW/AG additionally recoup the value of lost public usage over the entire period of time this has been occurring. If not, what is the deterrence?

You know, it's kind of like a senior discount. Unless you ask for it you'll never get it.

I resemble that remark!!

http://www.gamefishin.com/community/download/file.php?id=30776

This is the complaint filed on 6 Feb 2014

This should be relatively simple to clear up if there really is a recorded easement. The AGs need to just file suit and get it over with.

Click on the shortcut and look on the bottom of the page, It will ask you if you want to open or save.........look to the right and click open.........post here if you have any issues opening to read...Chuck

Good for them. Looks like it will get taken care of.

Hmmm, wonder who is "LMAO" now?

I read the entire Complaint and found under the requested relief the following at para 6.1:

"Plaintiff be awarded damages in an amount to be proven at trial for the loss of the easement road from 1980 through present."

Glad WDFW is going to recoup for the loss of public access during that extended period. Just how pricey will the owners' actions end up being?

In my opinion, I would suspect that the State settles this case with the Wallace's providing a new access road.

I entirely understand the need for the Wallace's to protect their equipment and crew, as well as protecting themselves from liability to misuse of the easement by others, but if they knowingly ignore an easement granted to another party and destroy it, they become liable for damages. While they owned the underlying land, the easement was property of the WDFW.

I hope that all that happens is that they build an additional access route, and the matter is considered closed.

Anyway, all of the documentation presented shows an intent to grant an easement, and then someone destroyed it. It will either be settled in court, or out of court, but it looks like that will happen relatively soon.

Had the destruction been inadvertent or immediately followed by established of new access/parking I would concur. However, it would seem that the owners intentionally destroyed the access road, did not immediately provide another means of access and, in fact, after years of preventing legal access (there was an Easement properly recorded with the County) a simple remedy of replacing the destroyed road and parking would not seem sufficient.

Doesn't the lost opportunity have a value?

And where is the dis-incentive for others?

No, got to be more than "O'K, you caught me. I'll fix it now."

In a perfect world, yes Larry, that would be the case. We live in Washington though, remember?

Also, I wouldn't be very happy if they placed the easement road parking lot at the gate and everybody had to walk in. That wasn't the intial intent of the easement. The original intent was that there be a road and a parking area near the river.

Anyway, it would just be good to have the easement back in use.

Thats a good one 2MANY!!! I talked with workers cleaning crapper out about same issues. The reply was that Eastenders where stopping by and taking the rolls faster than they could leave them. LMAO

We agree that having access to the easement and improvements which we paid for would be good.

Improvement in Washington would include reasonable compensation to the injured (compensatory damages) and in such an egregious situation the imposition of punitive damages to ensure this individual and others don't play this game in the future.

At least that would make it better in my third generation Washingtonian eyes.