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Wyoming Supreme Court Upholds Public River Access

CHEYENNE, Wyo. (AP) — Outdoors lovers can continue to hunt and fish on a blue-ribbon stretch of the North Platte River west of Casper, the Wyoming Supreme Court ruled Wednesday.

The court ruling, written by Justice E. James Burke, sides with state lawyers and rejects a challenge from landowners trying to restrict public use of the popular Lusby Public Fishing Area.

The area, which has been open to the public since the 1960s, offers one of the only access points on the river between Gray Reef and Casper. It's particularly popular with commercial fishing guides as a take-out point for drift boats.

Cheyenne lawyer Harriet Hageman had argued at a Supreme Court hearing in May that the recorded easement on the property limits public access to a strip of land starting at the river's high-water mark and extending 100 feet away from the river. Hageman represents landowners Corey and Kathryn Davison, Ronald and Stacey Richner and Marton Ranch Inc.

A lawyer for the state countered that Hageman's reading of the easement would effectively prevent public fishing, boating and waterfowl hunting except during high spring flows.

Hageman had challenged a ruling that District Judge David Park, of Casper, made last year that tossed out the landowners' lawsuit against the state over the terms of the easement.

Park had ruled it would be impossible to meet the specified purposes of the state's original agreement with previous landowners Clarence and Frances Lusby to provide public fishing and waterfowl hunting access if the public could only get to the river at peak flows.

Wednesday's state Supreme Court ruling upholds Park's decision. Burke noted that the public has been using the area for decades and that the state's original easement contract with the Lusbys, as well as other materials, established that the purpose of the original deal was to provide public access out to the middle of the river.

John Kennedy, deputy director of the Wyoming Game and Fish Department, said Wednesday that he hopes the court ruling will end the litigation and allow the department to get back on good terms with the landowners.

Kennedy said Lusby is a critical public access point. "It just fits nicely with all of the commission's public fishing access points along the North Platte, which is just a premier fishery,'' he said. "It's very important to anglers in Wyoming.''

Wyoming Attorney General Bruce Salzburg, himself an avid fly fisherman, said Wednesday he's happy with the decision.

"The Lusby Access Area provides excellent opportunities for sportsmen to enjoy the North Platte River, and we are happy that the citizens of Wyoming will continue to have the access they have long enjoyed in this area,'' Salzburg said.

Gov. Dave Freudenthal said Wednesday he's also pleased with the decision. He said he's always happy to see access for public fishing and hunting upheld.

Hageman said Wednesday she couldn't comment on whether her clients intend to try any other legal action on the easement issue. However, she said the ruling should send a warning to private landowners in the state that they can't trust the state game department or the state game commission to keep its word and abide by recorded easements.

"I think the decision is really a pretty sad day in terms of access to private lands because I think it's really going to chill landowners' ability or willingness to work with the game and fish commission or the game and fish department,'' Hageman said.

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